Owpe RCRA Correction Action Handbook

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TD1040096
            OWPE
     RCRA CORRECTIVE A
          HANDBOOK
     CORRECTIVE AC
        RRECTIVE AC

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                   TABLE OF CONTENTS                TAB


CORRECTIVE ACTION PROCESS                             A

NATIONAL RCRA CORRECTIVE ACTION STRATEGY                B

CORRECTIVE ACTION AUTHORITIES                          C

INTERPRETATION OF SECTION 3008(h) OF THE
SOLID WASTE DISPOSAL ACT, DECEMBER 1985                 D

ISSUANCE OF ADMINISTRATIVE ORDERS UNDER
SECTION 3013 OF RCRA, SEPTEMBER 1984                     E

FINAL REVISED GUIDANCE MEMORANDUM ON THE
USE AND ISSUANCE OF ADMINISTRATIVE ORDERS
UNDER SECTION 7003 OF RCRA, SEPTEMBER 1984               F

GUIDANCE MEMORANDUM ON USE AND ISSUANCE
OF ADMINISTRATIVE ORDERS UNDER SECTION
106(a)OFCERCLA                                        G

ADMINISTRATIVE PROCEDURES FOR RCRA SECTION
3008(h) ORDERS, FEBRUARY 1987                            H

PUBLIC PARTICIPATION                                    I

3008(h) COMPONENTS                                     J

RCBA SECTION 30G8(h) CORRECTIVE ACTION MODEL
ORDER, FEBRUARY 1987                                   K

SWULATED PENALTY POUCY                              L

FSNAL RCRA CIVIL PENALTY POLICY                           M

RCRA SECTION 3008(h) CORRECTIVE ACTION INTERIM
MEASURES, JANUARY 1986                                 N

RCRA CORRECTIVE ACTION PLAN, NOVEMBER 1986               O

OSHA STANDARDS, 29 CFR PART 1910, HAZARDOUS WASTE
OPERATIONS & EMERGENCY RESPONSE, INTERIM FINAL RULE      P
                  U.S. Environmental Protection Agency
                  Kegion 5, Library (5PL-16)
                  230 S. Dearborn St -eet. Room 1670
                  Chicago, 1L  60604

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            TABLE OF CONTENTS (2)                  TAB
CORRECTIVE ACTION GUIDANCE SUMMARY                   Q

TECHNICAL ASSISTANCE DIRECTORY, ENVIRONMENTAL
PROTECTION AGENCY, OFFICE OF RESEARCH AND
DEVELOPMENT, MAY 1986                                R

TREATMENT TECHNOLOGY BRIEFS: ALTERNATIVES
TO HAZARDOUS WASTE LANDFILLS, JULY 1986                S

OVERSIGHT OF ORDER IMPLEMENTATION                     T

RCRA CONSENT ORDER SUMMARIES                        U

CERCLA RECORD OF DECISION (ROD) SUMMARIES              V

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          CORRECTIVE ACTION PROCESS
      AGENCY

• §3008(h) order may be issued
  before, during, or after RFA
• Oversight
   RCRA
  Facility
 Assessment

   RFA
                OWNER/OPERATOR
• Interim measures
•  Permit may be issued
   before, during, or after RFI
   (public participation)
•  RFI Report approved
•  Clean-up requirements
   established
   Oversight
•  Corrective measures "*\
   selected            I
•  §3008(h) order issued/  V
   amended           f
•  Permit issued/modified  J
•  Public participation    /

•  Oversight
   RCRA
   Facility
 Investigation

   RFI
  Corrective
  Measure
   Study

   CMS
  Corrective
  Measure
Implementation

   CMI
•  RFI Workplan
•  Facility Investigation
•  RFI Report
•  Interim measures
   Identify and evaluate
   alternatives
   Recommend corrective
   measure(s)
   CMS Report
   Interim measures
•  CMI Plans
•  CM design & Construction
•  CMI Report
•  Operations/maintenance
t  Monitoring

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  COMPREHENSIVE ENVIRONMENTAL  RESPONSE  COMPENSATION AND LIABILITY ACT
                    (CERCLA) COMMONLY-USED ACRONYMS
 ADR       -  Alternate Dispute Resolution
 ARAR       -  Applicable or Relevant and Appropriate Requirement
 ATSDR      -  Agency  for Toxic Substances and Disease Registry

 GAG       -  Carcinogen Assessment Group
 CEPP       -  Chemical Emergency Preparedness and Prevention
 CERCLIS    -  CERCLA  Information System
 CLP       -  Contract Laboratory Program
 CR        -  Community Relations

 DQO       -  Data Quality Objectives

 EDO       -  Enforcement Decision Document
 ERA       -  Expedited Response Action
 ERGS       -  Emergency Response Clean-Up Services

 FIT       -  Field Investigation Team
 FS        -  Feasibility Study

 HEA       -  Health  Effects Assessment
 HRS       -  Hazard  Ranking System

 IRP       -  Installation and Restoration Program  (Department of Defense)

 NC        -  Noncarcinogen
 NCP       -  National Oil and Hazardous Substances Pollution Contingency Plan
 NOAEL      -  Mo Observed Adverse Effect Level
 NPL       -  National Priorities List
•NRC       -  National Response Center

 OSC       -  On-Scene Coordinator

 PA        -  Preliminary Assessment
 PC        -  Potential Carcinogen
 PHE       -  Public  Health Evaluation
 PRP       -  Potential Responsible Party

 QA/QC      -  Quality Assurance/Quality Control
 QAPP       -  Quality Assurance Project Plan

 RA        -  Remedial Action
 RAS       -  Routine Analytical Services
 RD        -  Remedial Design
 REM       -  Remedial Contractor
 RI        -  Remedial Investigation
 ROD       -  Record  of Decision
 RP        -  Responsible Party
 RQ        -  Reportable Quantity
 RRT       -  Regional Response Team

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                           CERCLA  ACRONYMS (CONT.)
SARA      -  Superfund Amendments Reauthorization Act
SCAP      -  Superfund Comprehensive Accomplishments Plans
SI        -  Site  Investigation
SMP       -  Site  Management Plan
SOP       -  Standard Operating Procedure

TAT       -  Technical Assistance Team

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                  RESOURCE CONSERVATION  & RECOVERY  ACT (RCRA)
                            COMMONLY-USED  ACRONYMS
ACL       - Alternate Concentration  Limit
AO        - Administrative  Order

C/PC      - Closure/Post-Closure
CA        - Corrective Action
CAP       - Corrective Action  Plan
CEI       - Compliance Evaluation Inspection
CME       - Comprehensive Monitoring Evaluation
CMI       - Corrective Measures Implementation
CMS       - Corrective Measures Study

EIR       - Exposure Information Report

FMP       - Facility Management Plan

GWM       - Ground-Water Monitoring
GWPS      - Ground-Water Protection  Standard

HSWA      - Hazardous and Solid Waste  Amendments of  1984
HWDMS     - Hazardous Waste Data Management System

LCRS      - Leachate Collection and  Removal System
LOIS      - Loss  of Interim Status

MCL       - Maximum Concentration Limit
MCLG      - Maximum Concentration Limit  Goal

NFS       - National Permit Strategy

0/0       - Owner/Operator

PIP       - Public Involvement Plan
PR        - Preliminary Review

RFA       - RCRA  Facility Assessment
RFI       - RCRA  Facility Investigation
RIP       - RCRA  Implementation Plan
RU        - Regulated Unit

SNC       - Significant Non-Complier
SOSG      - Standard Operating Safety  Guidance
SPA       - State Program Advisory
SV        - Sampling Visit
SWMU      - Solid Waste Management Unit

T/A       - Timely and Appropriate
TEGD      - Technical Enforcement Guidance Document
TSDF      - Treatment, Storage, Disposal Facility

VSI       - Visual Site Inspection

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 NATIONAL RCRA CORRECTIVE ACTION STRATEGY
             October 3, 1986
   U.S. Environmental Protection Agency



Office of Solid Waste and Emergency Response

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            NATIONAL  RCRA CORRECTIVE ACTION STRATEGY






 I .  INTRODUCTION






     The  Hazardous and  Solid  Waste Amendments of 1984 (HSWA)




 greatly expanded  authorities  under the Resource Conservation




 and  Recovery Act  (RCRA)  for  requiring corrective action for




 releases  of hazardous wastes  and  constituents at facilities that




 manage hazardous  wastes.    Section 3004(u) of HSWA requires




 corrective  action for releases  of hazardous wastes or constituents




 from any  solid waste management unit at a storage,  treatment or




 disposal  facility that  is  seeking or otherwise subject to a RCRA




 permit.   Section  30Q4(u)  also requires that these permits contain




 assurances  of financial  responsibility for complying with corrective




 action.   Moreover, section 3004(v)  authorizes EPA to require




 corrective  action beyond  the  facility boundary.   Section 3008(h)




 of HSWA authorizes the  Environmental Protection Agency(EPA) to




 require corrective action  or  other  necessary response measures




whenever  it is determined  on  the  basis of any information that




 there is  or has been a  release  of hazardous wastes  or constituents




 from a facility authorized to operate under Section 3005(e) of RCRA.




     This strategy is intended  to inform  Regions,  States, the




 regulated community  and  the public  how the Agency plans  to approach




 implementation of the corrective  action program.  This section




 introduces  the HSWA  corrective  action authorities and discusses




the universe of RCRA facilities subject to these requirements.




Section II discusses the  basic  technical  process that applies




generally to any  corrective action.   Section III discusses how the




Agency will approach the  corrective  action program,  including

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                               -2-






establishing priorities,  and  factors  influencing ranagenent of




corrective action.   Section  IV discusses  the EPA-State partnership




in achieving corrective  action goals.   At the end of each section




or subsection there  are  lists of  guidance documents for the RCRA




corrective action program that have been  issued to date and




planned documents and the current target  dates for their issue.




Also included are the training courses  that  are planned for each




component of the program.  Under  each  item a contact person is -




provided who can answer  inquiries  about the  topic.  Appendix 1




lists guidance issued by  other programs that may be useful in




implementing the corrective action program.




     The success of  the  RCRA  corrective action program depends




on the cooperation between the States,  EPA,  regulated  community




and the public.  Of  critical  importance is early involvement




of the affected public in the  corrective  action process.   EPA




intends to develop a corrective action  public participation




program that provides information on the  facility to the  public,




gives them an opportunity to  make  their views known to EPA or




the State and that provides  for consideration of their views




in the decision making process.



     These new corrective action  authorities greatly expand




EPA's ability to ensure that  RCRA facility owners and  operators




correct releases at  their facilities that may pose a threat to




human health and the environment.  The  new 3004(u) authority




applies to facilities subject  to  RCRA permits.   This includes




operating permits for new and  existing  facilities and  post closure




permits for land disposal facilities.   At facilities that received




RCRA permits prior to November 8,  1984, corrective action require-

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                                -3-
ments will be  imposed  upon  issuance  of a new permit once the




current permit expires or  is  reopened.




     The  scope  of the  3004(u)  authority is largely defined




by its key terms.   It  requires that  permits impose corrective




action for releases  of hazardous  wastes or constituents which




pose a threat  to human health  and the environment,  from any




solid waste management unit(SWMU) at  a storage,  treatment or




disposal  facility seeking a RCRA  permit.   To understand the




scope of  this  authority it  is  necessary to understand the key




terms of  the statutory provision.




     The  term  "release"  is  defined in the Final  Codification




Rule (July 15,  1985) to  include any  spilling,  leaking,  pouring,




emitting, emptying,  discharging,  injecting,  escaping, leaching,




dumping or disposing into the  environment.   While similar to the




CERCLA definition, it  excludes discharges of hazardous  wastes or




constituents to the  injection  zone of a UIC  permitted Class I




injection well.  It  can  also include  releases  that  are  authorized




or otherwise permitted under other environmental  statutes.



     The term  "solid waste management unit"  is also explained




in the Final Codification Rule  (July  15,  1985).   It includes




any discernable waste  management  unit from which  hazardous




constituents may migrate, irrespective  of whether the unit  was




intended  for the management of  solid  or hazardous wastes. The




following types of units are therefore  included  in  the  definition




of SWMUs:  landfills, surface impoundments,  waste  piles,  land




treatment units, incinerators, injection  wells,  tanks (including

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                                -4-




90 day accumulation tanks),  container  storage areas and transfer




stations.  In addition  to  these types  of units,  certain areas




associated with production  processes at  facilities  which have




become contaminated as  a result of routine,  systematic and




deliberate releases of  wastes,  or  hazardous  constituents from




wastes,  are also considered  to  be  solid  waste management units.




A product may become a  waste  if it is  abandoned  or  discarded.




     Some questions have been raised regarding the  application of




the concept of "solid waste  management unit" to  other types of'




contamination at facilities,  such  as spills,  leakage from product




storage, and releases from  production  processes  that are not




routine, systematic and deliberate.  Such  releases  are not con-




sidered to be solid waste management units.   As  explained in the




Final Codification Rule (50  FR  28712), one-time  spills of wastes




or constituents are considered  subject to  §30"04(u)  corrective




action only if the spill occurred  from a solid waste management




unit.  A spill which cannot be  linked  to a discernible solid




waste managment unit is not  of  itself  a  solid waste management




unit.  Likewise, leakage from product  storage and other types of



releases associated with production processes would not be considered




solid waste management  units,  unless those releases were routine,




systematic and deliberate.




     The term "facility" includes  all  contiguous property under




the control of an owner or  operator at which the units subject




tcr permitting are located .




     Section 3008(h), the enforcement  corrective action authority,




also vests broad discretion  with the Agency  to compel corrective




action.  This authority has  been interpreted to  authorize the

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                                -D-
Agency to compel corrective  measures  or other actions necessary




to protect human health  or the environment whenever the Administrator




determines, based on  any information,  that there is or has been a




release of hazardous  wastes  or constituents from an interim status




RCRA facility.  The key  terms  in  this  provision are interpreted




in a December  16, 1985 EPA memorandum entitled "Interpretation




of Section 3008(h) of the Solid Waste  Disposal Act."  The terms




release and facility  are interpreted  as they  are for Section




3004(u).  Appropriate information upon which  to conclude there




may have been  a release  for  purposes  of section 3008(h) include,




but are not limited to the following:  data from laboratory analyses




(from soil, air, surface water or ground water samples), observations




recorded during inspections, photographs and  information obtained




from facility records.




     It should be noted  that the  §3008(h)  authority is not con-




fined to addressing releases from solid waste management units.




It is the Agency's position  that  the  coverage of the types of




releases which can be addressed under  §3008(h) is  somewhat different




in scope than that of §3004(u).   In situations where a §3008(h)




action has been initiated at a  facility to address  releases  that




are not from solid waste  management units,  and where a permit  is




subsequently issued to the facility, the Agency intends that




those actions will be continued under  the  permit,  under the




authority of RCRA section 3005(c)(3).   Comment is  requested  on




this proposed approach.




     Not only are these  RCRA corrective action authorities broad,




but the universe of RCRA  facilities to  which  they  potentially




aPPly is diverse.   Among the types of  RCRA facilities  that can

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                                -6-
present environmental  problems  are  land  disposal,  treatment




and storage  facilities.   Corrective  action requirements apply to




these facilities regardless  of  whether they are  continuing waste




management operations  or  closing  these operations.   Moreover,




these requirements apply  regardless  of whether a facility or part




of it is subject to  an action under  the  Comprehensive Environmental




Response Compensation  and Liability  Act  of 1980  (CERCLA or Superfund)




     The RCRA facilites subject to  corrective  action are also




diverse in that there  are varying amounts  of existing information




available on them.   For example,  in  some cases there will be




extensive information  available on the regulated unit (and




possibly the solid waste management  units) from  previous enforcement




actions, the Part A  and B applications,  inspection  reports, etc.




In others,  very little  information nay be  available,  thus increasing




the initial information gathering burden.   At  sore  facilites




there will be extensive and  complex  corrective action required,




while at others little or no action  may  be necessary.




     Federal facilities are  subject  to RCRA corrective action




requirements.  At this time  EPA is working with  other Federal




agencies to determine  how best  to manage the corrective action




program for the Federal establishment.   This effort is dealing




with several issues, including how to define facility ownership




in light of the structure of many agencies,  and  how to coordinate




the RCRA and CERCLA  corrective  action programs.



     In developing the corrective action program it is EPA's




intent to recognize  the diversity of the universe  subject to




corrective action and  to  adopt a  system  for managing the program

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                                -7-






 which  provides  sufficient flexibility to ensure that corrective




 measures  necessary  to protect human health and the environment




 are  taken  expeditiously.




     In order to  establish a consistent and well-defined program




 for  implementing  the  new  RCRA corrective action mandate, the




 Agency intends  to develop a comprehensive regulatory framework to




 define both procedural  and substantive requirements for the




 program.   This  major  rulemaking  will provide the regulated community




 and  other  parties the opportunity to participate in the decision




 making process  for  setting standards for the program.   Regulations




 will also  provide a solid legal  foundation to enforce  these




 standards.  Proposed  regulations are tentatively expected to be




 issued in  the Fall  of 1987.




     Anong the  nost important decisions which must be  made in




 implementing corrective actions  at  actual facilities is the




 determination of  when corrective action is required, and when it




 is completed.   Standards  for  these  "how clean is clean" decisions




 will be a major component of  the rulemaking effort described




 above.   The Agency intends  to develop guidelines for determining




when corrective actions will  be  "triggered".   "Target"  levels



will be established to  define the objectives  to be reached by




corrective actions.    It is  the Agency's current intention to set




these target levels using health and environmental based goals,




within the limits of  feasible technology.




     The fundamental  objectives  of the RCPA corrective  action




program are essentially similar  to those  of CERCLA.  Because




 some RCRA facilities  can  be expected to ultimately become Superfund




sites (some RCRA facilities actually have CERCLA-mandated  actions

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already underway), there is need  to  maintain  consistency between

the two programs in making  response  decisions.   Whenever feasible,

the Agency will design corrective action  policies  and  guidelines

so as to foster consistency.   It  must  be  recognized, however,

that there are statutory and programmatic  differences  between

the RCRA and CERCLA programs which the Agency must consider in

formulating the RCRA corrective action program.  As  the RCRA

program is developed through policy, guidance and  regulation,

one of the Agency's primary objectives will be  to  maintain  consistency

with CERCLA, while tailoring the  program to meet the specific

needs and objectives of RCRA.

GUIDANCE:

Guidance on use of Section  3008(h);  December  16, 1985;
Contact: Ginny Steiner (202)475-9329

Agency Interpretation of 3004(u): Corrective  Action  for Continuing
Releases; draft issued 1/30/85; Contact: Dave Pagan  (202) 382-4740

TRAINING;

Seminars on use of 3008(h) and soon  to be  issued procedures
are tentatively planned for FY 87 for  EPA  Regional personnel.



II.  THE CORRECTIVE ACTION  PROCESS

    This section outlines the  basic  technical steps  that will  be

taken to identify potential releases,  characterize them and

select and undertake appropriate  response  actions.   Understanding

these basic steps is central to implementing  the corrective

action process outlined in  section III of  this  strategy.  These

steps apply to corrective action  secured through a permit or

completed through an enforcement  order.

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                              -9-
     Specific policies,  guidelines  and regulations on various




aspects of this  process  will be  issued over  the next several




years.  This section  provides  the basic framework against which




these guidances  will  be  developed.   It should be understood,




however, that these steps nay  vary  in detail or be eliminated




altogether depending  on  the individual facility situation.




Examples of situations  in which  this may occur are outlined in




section III below.  The  stages of a  corrective action are




illustrated in Figure 1.  Figure 1  shows the steps of the




corrective action process and  also  identifies the appropriate




roles of the regulatory  agency and  the facility owner/operator




in the various steps.




     A. RCRA Facility Assessment (RFA):




     The first step in any corrective action is the assessment




of the facility  to identify actual  and potential releases from




RCRA regulated units  and other solid waste management units.




The objective of this assessment is  to determine whether there




is sufficient evidence of a release  to require the owner/operator




to undertake additional  investigations (a RCRA facility  invest-




igation) to characterize the nature,  extent  and rate of  migration




of contaminant releases  of concern.   For cases of likely releases,




the RCRA Facility Investigation  will include release verification




procedures.  Information gathered in the RFA should be used in




developing a sound scope of work  for a full  remedial investigation.




The RFA is intended to focus on  investigating releases and potential




releases from identifiable solid waste management units.   It is




not the Agency's intention that  RFAs  routinely examine facilities'




entire production,  handling and  storage  areas  and  activities.

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                            FIGURE 1

       RCRA CONTINUING RELEASES CORRECTIVE ACTION  PROCESS
Regulatory Agency performs RCRA facility assessment (RFA) with
o/o cooperation where appropriate to:

0  Identify solid waste management, units (SWMUs) and
   collect existing information on contaminant  releases.

0  Identify releases needing further investigation.	
    Regulatory Agency specifies permit conditions or  issues
    enforcement order to facility owner or operator to:

    0 Perform investigations on releases of concern/-
                        and/or
   I" Implement interim corrective measures.	
     Facility Owner or Operator performs RCRA facility
    investigation (RFI )  to characterize the nature, extent
    and rate of migration for releases of concern  and/or
    implements interim corrective measures.	
        Regulatory Agency evaluates results of RFI and
        determines need for corrective measures.   (CM)
        Owner or Operator proposes appropriate CM when
        required by regulatory agency.
       [Regulatory Agency evaluates CM proposal and1
       [specifies appropriate CM.	|
      Owner or Operator demonstrates financial assurance,
      and designs,  constructs, operates, maintains and
      monitors the CM.

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                                -10-




However, when conducting  RFAs  investigators may become aware of




other types of  releases  (e.g./  product releases) or sources of




contamination not related to  solid  waste management units, but




which merit further  investigation and characterization by the




owner/operator.  Likewise,  certain  areas at facilities that are




not solid waste management  units  nay be  identified as likely to




be causing serious environmental  problems,  but about which little




or no actual evidence  of  contamination is  available; such situations




may merit preliminary, RFA-type investigations to be conducted by




owner/operators to verify releases.




     As explained previously,  releases which are not linked to




solid waste management units may  be addressed using §3008(h) or




other enforcement authorities.  It  is the  Agency's intention




that when issuing a  permit  to  a facility,  the permit schedule of




compliance may also, as necessary,  require owner/operators to




address releases that are not  linked  to  solid waste management




units,  under the authority  provided in RCRA section 3005(c)(3).




EPA specifically invites  comment  on this proposed approach.




     The scope of an RFA  may vary from facility to facility.




In most cases  it is  preferable to address  all the solid waste




management units at  the facility  in the  RFA.   This is especially




true when dealing with a  facility in  which  units are closely




related and subsequent investigations will  be more efficiently




performed by addressing the entire  facility.   However,  it may be




permissible to perform an RFA  for a particular unit or uaits in




advance of the rest  of the  facility.   This  could occur,  for




example, when there  is an  immediate threat  that needs  to be




addressed.   The RFA  is performed  by EPA  or  the State and can

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                                -11-
inciude use of sampling  data  gathered  by  the owner/operator of



the facility. However, if  there  is  any  problem  with  owner/operator



participation in the RFA  (timeliness,  reliability etc.)  EPA or



the State will perform the entire RFA.



     B. Interim Measures:



     These are corrective measures  that may  be  taken at  any point



in the corrective measures process  to  abate  threats.   These




actions are generally short term actions  responding  to immediate



threats, such as actual or potential exposure to  hazardous  wastes



or constituents,  drinking water  contamination,  threats of  fire



and explosion, and other situations posing similar threats.



Normally,  minimum study and planning is necessary for interim



measures.   Interim measures can be quite  effective in abating




immediate problems and in keeping existing problems  from worsening



while studies are being completed.  Interim  measures  can be



particularly useful in dealing with facilities  that  are  economically



marginal and which may only be able to  complete part  of  their



RCRA corrective action obligations.



     C.  RCPA Facility Investigation (RFI):



     The purpose of a RCRA Facility Investigation is  to  gather



data sufficient to fully characterize the nature,  extent and  rate



of migration of contaminant releases identified in the RFA.   Of



paramount  importance to the RFI is that it provide sufficient




data to determine appropriate response  actions  (i.e.  appropriate



corrective measures or document that no action  is needed).   The




RFI is perfomed by the facility owner/operator  pursuant  to  an



enforcement order or a permit schedule  of compliance.   EPA  or



the State oversees this activity.

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                                -12-
     D. Corrective Measures  Study  and  Selection of the Appropriate
        Measures

     After the RCRA  Facility  Investigation is  completed the

owner/operator must  identify  the appropriate corrective measures

and recommend them to  EPA or  the State.   EPA or the State will

then review the recommendation, provide  the public an opportunity

to review and comment  on the  proposed  action and select the

final measures.

     The owner/operator must  conduct a corrective measures study

to assure that the proposed  measures will  be effective in correcting

threats posed by releases.   Depending  on the facility situation,

this study may include actions  to  control  the  source  of the

contamination (by preventing  or mitigating the continued migration

of contamination, by removing,  stabilizing and or containing the

contaminants) and/or actions  to abate  problems posed  by the migration

of substances from their original  source into  the environment.

     In some cases it  will be possible for the owner/operator to

analyze and present to the Agency  or State  only a single alternative

that meets public health and  environmental  requirements.   This

should be done when EPA or the  State agree  that  the alternative

the owner/operator is  proposing to analyze  is  likely  to effectively

achieve corrective action goals, including health and environmental

requirements and is technically sound.   In  other cases,  however,

it may be necessary to analyze  more than one alternative to

determine the appropriate response measure.  For example,  off site

or onsite alternatives may be considered or  there may be a difference

of opinion as to whether a particular  alternative  the owner/operator

-------
                                -13-
nroposes to analyze would be  reliable  or  effective in abating




threats expeditiously.   In  such  cases,  EPA or the State should




require the analysis of  several  alternatives  to  ensure that




appropriate response measures  are  completed on a timely basis




and that response is not delayed by a  sequential analysis of




a series of alternatives.




     The owner/operator  must  demonstrate  that the response




action proposed effectively abates the  threats to human health




and the environment posed by  the release(s).   This requires




the owner/operator to analyze  the  alternative or alternatives




in detail sufficient to  show  that  the  recommended measures are




effective in abating the threats posed  by  the release.   To do so




the owner/operator must  assess the alternative or alternatives




in terms of its technical feasibility  (including reliability




and requirements for long term operation  and  maintenance), its




ability to meet public health  protection  requirements,   its




ability to protect the environment and  any  adverse environmental




effects of the measures.  The  owner/operator  also should consider




any institutional constraints  to implementation  of the measures,




such as offsite capacity problems  and potential  public opposition.




     EPA. has not yet completed guidelines  on  this phase of the




RCRA corrective action program.  RCRA  final remedies  will, however,




be required to meet applicable health and  environmental standards




promulgated under RCRA and  other laws.  At  regulated  units,




groundwater releases are subject to the groundwater protection




standards.  The groundwater protection  standard  consists of the




following: (1) for any constituents listed  in Table 1 of 40 GFR

-------
                                -14-






264.94, the respective  value  given in  that  table (MCL) if the




background  level of  the constituent  is below that given in Table




1;  (2) the background  level of  that  constituent in the groundwater;




or  (3) an approved Alternate  Concentration  Limit (ACL) where




approval will be based  on  criteria set forth in 40 CFR 264.94(b).




The Agency plans to  issue  guidance on  ACLs  during FY 1987.  The




Agency is currently  assessing the appropriate technical approach




to take to problems  that cannot  be addressed by existing standards.



One alternative is to establish  appropriate health based standards




on a case by case basis.




     EPA or the State will evaluate  the owner/operator' s recom-




mendation and approve or disapprove  it.   The financial assurance




demonstration will also be reviewed  at this time.  The views of




the public on the proposed measures  will  be considered by the




State and EPA in making these decisions.




     E.  Corrective  Measures  Implementation




    After EPA or the State selects the remedy,  the owner/operator




will design and construct the selected response action.   After




construction the appropriate  measures  needed to operate,  maintain




and monitor the remedy  will be  taken by  the owner/operator.   These



activities will be required by permit  condition or  order,  and will be




performed by the owner/operator with oversight  by EPA  or the State.




     Effecting remedies  (or interim  measures) at facilities  that



do not have RCRA permits will, in some cases, involve  creation of




new treatment, storage  or disposal units.   Rather than going




through the actual process of issuing  RCRA  permits  to  such new




units,  which could substantially delay implementation  of the




remedy,  the Agency is considering using  enforcement authorities

-------
                                -15-
and closure plan regulatory  authorities  to  allow those  units to

be constructed and  operated without  a  formal  RCRA permit.   EPA

may need to amend existing regulations to provide for this

proposed approach.  Such  new  units would nevertheless generally

be required to comply with applicable  Part  264  technical  standards,

and appropriate public  review and comment would be  provided for.

If such new units are created at a permitted  facility,  the normal

permit modification process would be followed.   Comment is specif-

ically solicited on this  proposed approach.


GUIDANCE;

RCRA Facility Assessment  Guidance; Draft: 8/5/85 Final:  Target--
10/86.For further information contact: Dave Fagan (202)  382-4740

RCRA Facility Investigation Guidance;  Draft: Target—December,  1986
For further information Contact : Art Day-(202)  382-4680

Corrective Action Plan  (model scope of work for CA): Target--
September, 1986.  For further information contact:   Mark
Gilbertson (202) 382-4849

Interim Measures Guidance; Final: Target--September, 1986
For further information contact: Jackie  Moya  (202)  382-3122

Corrective Measures Guidance; Target--Draft-Spring,  1987
For further information contact:  Art  Day (202)  382-4680

Guidance on Alternate Concentration Limits;  Target: November,  1936
For further information contact:Vernon Myers  (202) 382-4495

Implementation of RCRA Facility Assessments: From:  J. Winston  Porter
To: Hazardous Waste Division Directors,  Regions  I-X, August 21, 1986

TRAINING: RFA training was delivered to  EPA Regions  and States
during April-September  1986.

-------
                                -16-






III. MANAGING THE  CORRECTIVE ACTION PROGRAM




     EPA and the States  are responsible  for management of the



corrective action  program.  The  steps  in  a  corrective action



will be imposed through  permit  conditions or through enforcement



orders.  In general, a permit may be issued with  a schedule of




compliance for an  RFI and Corrective Measures study.  After



EPA or State approval of the appropriate  corrective measures,




the permit will be modified to provide a  schedule of compliance



for design, implementation  and  operation  and maintenence. This



modification will  be considered  a major modification to the permit,



and will, therefore, provide for additional public involvement.



Likewise, enforcement orders should be phased with one order



being issued for the RCRA facility investigation  and corrective



measures studies and another for the implementation steps after




approval of the corrective  measures.   The Agency  is currently



developing a policy on involvement of  the public  in Enforcement




corrective actions.  Owner/operators of facilities at which the



corrective action  process will-be  implemented over time will



also be encouraged to develop their own community involvement  and



education programs.



     In the case of both permits and enforcement,  negotiations



with the owner/operator  on  the scope of the initial studies and



remedy implementation will be necessary.  Depending on the  status



of a particular facility, Regions  and  States  may  choose to  use



permit schedules of compliance to  secure  some stages of corrective



action and enforcement action for  other stages.   Where orders



are used in advance of permit conditions, the schedule of compliance



may later be incorporated into the permit.  Subsections A.  and B.

-------
                                -17-
below give some examples  of how  Regions  and  States  can  use




enforcement and permitting corrective  action authorities  in a



complementary fashion.  These management choices  are  shown in



Figure 2.  In general, permitting authorities  should  be used




when the owner/operator is cooperative.   When  the owner/operator



is recalcitrant, enforcement actions should  be pursued.



     Priorities for corrective action  are established in  the



annual RCRA Implementation Plan  (RIP).   The  Agency's  general



approach to assigning priorities for corrective action  is to



focus the resources available to the program on those facilities



which pose the greatest overall  threat to human health  and the



environment.  In order to implement this general  policy,  the



Agency has tentatively decided to target a limited  number of



facilities to be dealt with intensively,  rather than  attempting



to implement the process  simultaneously  at all facilities subject



to corrective action requirements.  Regions, in conjunction with



the States will, through  the Facility  Management  Planning process,



identify a limited number of facilities  in the Region for priority



attention in initiating and following  through  in  the  corrective



action process.  These priority  facilities will be  targeted to



receive intensive EPA/State oversight, with  sufficient  resources



allocated for the technical, administrative  and enforcement



support necessary to effectively and expeditiously  effect corrective



action for those facilities.  EPA recognizes that focusing the



program's resources on a  limited number  of higher priority



facilities will require that lower priority  facilities  which



nevertheless nay have substantial environmental concerns  will be



dealt with less aagressively in  following through the corrective

-------
                                -18-






action process.  For such  facilities,  compliance  schedules may be



drawn over  longer  time  frames,  and/or  less  intensive  review



given of owner/operator generated  reports and  data.   Likewise,



at some facilities with multiple sources of contamination,  the



releases which pose the greatest immediate  threat to  human health



and the environment may be given priority attention,  with  the



remainder of the facility dealt with as  a lower priority.   EPA



invites comnent on this  proposed method  of  prioritizing for -the



corrective  action  program.



     As discussed  above, the progression of  any particular facility



through the corrective  action process  may vary due  to  the  status




of the facility.   The following subsections  describe  consider-



ations that nay be relevant when managing a  corrective action




at facilities seeking operating permits and  at facilities  that



are closing waste  management operations.



A. Facilities seeking operating permits.



     Prior  to issuance  of an operating permit  the EPA  or State



should undertake a RCRA  Facility Assessment  covering the entire



facility to determine whether there may be  releases from units




at the facility.   RFAs  on units being  addressed by  the permit



should be completed prior to permit issuance.



     At land disposal facilities,  current regulations  require



that corrective action  for groundwater releases at  regulated



units be identified and  designed prior to permit  issuance.  This is



not a requirement  for regulated treatment units,  such  as in-




cinerators and storage units.   EPA is  examining the land disposal



regulations at this time to determine  whether  modification  should



be made to allow permitting following  the determination that  a

-------
                                -19-
release exists,  but  in  advance  of design of the corrective




action.




     At a  facility seeking  an operating permit, all corrective




action steps subsequent  to  the  RFA should be compelled through




a schedule of compliance in an  operating permit when feasible




and appropriate.  EPA's  ultimate  goal  is to ensure that all




permits have enforceable schedules  of  compliance for corrective




action activities.   If necessary,  enforcement orders can be used




in advance of permit issuance to  compel corrective action in




response to immediate threats or  to get corrective action




investigation activities underway  at a facility that is not near




enough to permit issuance to  use a  schedule of compliance in the




permit to secure corrective  action.   The use of the order ensures




that there are enforceable  requirements in place.   This approach




can be useful as the 1938 deadline  for land disposal permit




issuance approaches.  Not all land  disposal permits will be at




the same stage at the same  time.   In order to keep the land




disposal facilities  moving  toward  1988 permit issuance Regions



and States should consider  supplementing permit activities by




using enforcement orders  to  support corrective action needs




during permit processing.




     The choice of using an order  or permit to secure various




steps of corrective  action  at facilities seeking permits should




be made a part of the Facility  Management Planning Process.   In




this process Regions and States should consider whether it is




likely that the  facility will remain in the operating universe




or is likely not to  receive  an  operating permit.  If the facility

-------
                                -20-




is not  likely to receive an  operating permit it may be appropriate



to initially consider  the  use  of  an enforcement order to secure



initial steps of corrective  action  in advance of permit denial



and closure.




B. Closing Facilities



     Facilities that are closing  their waste management operations



present a somewhat more complicated  corrective  action management



problem than those that are  seeking  operating permits.   Some



closing facilities which are subject to  post-closure permit require-



ments (i.e., land disposal facilities which  received wastes after




July 26,  1982) may investigate  and  complete  all corrective measures




under the post-closure permit.  Other facility  owner/operators



will be unwilling or unable  to  undertake required closure and



corrective measures and will ultimately  become  facilities that



must be dealt with under CERCLA or other authorities.



     As with the operating universe,  the first  step in taking a



corrective action at a closing  facility  is  for  EPA or the State



to perform a RCRA facility assessment to identify actual or



potential releases from the  facility.  While the RFA provides an



idea on the scope of investigation  that  ma^'  be  necessary at a



facility,  it does not give EPA  or the State  any idea of  whether



a facility will have the financial ability  to perform the necessary



investigations or take appropriate response  actions.   One option



is to assess the financial status of  the facility early  in the




corrective action process to determine the  ability of the owner/op-



erator to take necessary response actions.   During FY 19S7 the



Agency will be examining how to treat economically marginal faci-



lities and whether financial assessments  can be a useful tool in

-------
                               -21-


this process.  Such an assessment can assist in determining  the

best approach to take to secure corrective action  by  the  owner/op-

erator including use of CERCLA authorities.  EPA is currently

examining tools that could be used in making these determinations.

Using the results of the RFA, the financial assessment  (if appropriate

and other available information on the facility, a decision  on

the best approach to corrective action can be made.   The  facility

management planning process should be used to determine the

appropriate management approach to the closing facility.

     Several approaches can be taken to securing corrective

action depending on the situation at the individual facility.

The following authorities can be used individually or in

combination with each other:

       1 . Post closure permit call in and/or issuance;  The  post

          closure permit application can be called in to  secure

          additional information (part 270) from the  owner/operator

          on the physical situation at the facility.1 A 3008(a)

          order can be used to compel submission of any information

          that is missing or deficient in the post closure permit

          application.  Once secured, this information can be

          used to support issuance of a 3008 (h) order to  compel

          corrective measures or to support post closure  permit
1 A separate post closure permit call in is not necessary at  a
facility that submitted a permit application (in response to
call) and then decided to close before receiving an operating
permit.  Since the post closure permit application requirements
are a subset of those required for an operating permit, it is not
necessary to initiate a separate call and experience the resulting
six months delay before enforcing Part 270 requirements.

-------
                      -22-




 issuance.   The  RCRA program is focusing upon closure of




 regulated  units via the  closure plan approval process




 and  the  issuance of enforcement orders or post-closure




 permits  to  secure corrective action at environmentally




 significant facilities.   Enforcement orders can later be




 incorporated  into post closure permits when appropriate




 to do  so .




 2.   3008(h) orders:  Many facilities in the closing




 universe requiring  corrective measures should be




 addressed through 3008(h) orders.   This is particularly




 true for those  facilities that are likely to cease




 operations  before fulfilling post  closure obligations.




 Environmentally significant closing facilities are




 priority candidates  for  3008(h) orders in FY 87.   Use




 of a 3008(h)  order  to address closing facilities has




 several  advantages.  When an order is used at a facility




 that is in  an uncertain  financial  state,  it provides




 an opportunity  to document whether the facility owner




 is able to  fulfill  obligations under the  order or




whether  it  is likely to  become a site that must be



 dealt with  under CERCLA  authorities.  In  this respect



 it acts as  a  bridge  to CERCLA.   Moreover,  if it becomes




 apparent that the  facility can complete its obligations




under RCRA, the  provisions  of the  order can later be




incorporated  into the post-closure permit  along with




 any additional  requirements necessary to  complete




corrective  action obligations.

-------
        At many facilities  in  the  closing  universe it



   will be difficult to  determine  initially  whetner the



   company will have sufficient  financial  resources to



   take all the appropriate corrective  measures.   In  such



   situations emphasis should  be placed  initially  on



   compelling interim measures at  the facility  to  abate



   the most immediate problems and RCRA  facility investigations



   to the extent feasible.  Where  it is  apparent that the



   owner/operator is not  financially viable  and may be  a



   candidate for CERCLA  action, corrective action  requi



   should be tailored to  achieved  as much  as  possible



   before the o/o is no  longer able to pay for  the clean-



   up or other associated costs.   I.f an  owner/operator



   has the financial resources to  take appropriate actions



   and refuses to do so,  judicial  action should be pursued.



3.  CERCLA response;  When a facility is  clearly not  able



   to fulfill its corrective action obligations, action



   should be taken as soon as  possible to determine whether



   it should be managed under  the  CERCLA program.   For



   example, a facility that is bankrupt  is a  prime candidate



   for referral to the CERCLA program.   Several options



   are available under CERCLA  for  dealing with the facilities.



   In the majority of cases where  the owner  is  insolvent,



   or efforts to secure action under RCRA have been



   unsuccessful, CERCLA section 104 action may be  no re



   appropriate due tc the lack of  viable responsible



   parties.  Under section 104 a fund-financed  removal



   may be pursued if the criteria  outlined in the  National

-------
                            -24-
          Contingency  Plan  are met  (see 40 CFR 300).   In general




          these criteria encompass  more serious threats.  Fund-




          financed  remedial  action  can be pursued at facilities




          that are  listed on the  National Priorities List.   The




          EPA has recently  issued final criteria for listing




          RCRA facilities on the  NPL  and has  proposed additional




          criteria  for listing these  facilities (see 51 FR 21054




          and 51 FR  21109,  June 10, 1986).




     In addition to  the authorities outlined  above,  the closure




plan can also be a valuable  tool  to secure  corrective action at




closing facilities.  Many of the  activities taken to close a




regulated unit are steps toward completion  of a corrective measure.




Accordingly, closure plan development,  approval and  implementation




should be closely coordinated with corrective action  activities




at closing facilities.  Further detail  on how to coordinate these




activities is included in Section IV  below.











IV. FEDERAL STATE PARTNERSHIP IN  THE  CORRECTIVE ACTION PROGRAM




     As a program delegated  in  phases,  RCRA has always required




close coordination between EPA  and the  States.   tfith  the advent




of broad-based corrective action  authorities,  an effective




Federal/State partnership is even more  important.  Because  the




Agency's new corrective action  responsibilities derive from the




HSWA amendments,  the Federal  government  has responsibility  for




implementing the new authorities  until  states  are  specifically




authorized for corrective action.  Consequently,  until states




are authorized for the new §3004(u) authority,  all permits

-------
                                -25-
incorporating corrective action will have  to be  issued  jointly




by EPA and the State.  Likewise, only  the  Federal  government is




expressly authorized to issue  §3008(h) orders requiring  investi-




gation and clean up at interim status  facilities.   States,  however,



may have similar authorities under their own laws.



     EPA intends to give States a considerable opportunity  to



participate in the corrective  action process prior  to official



authorization.  Through their  closure  regulations,  for  example,



States can compel facilities to undertake  various  activities  to



mitigate or eliminate threats  to public health or  the environment




(e.g., waste removal, soil decontamination, capping).  Many States



also have authority to compel  investigation or clean up  through



non-RCPA enforcement authorities such as public  nuisance  law,



state water laws, or state Superfunds.  Use of these authorities



is encouraged at RCRA facilities provided  that states use their



own authorities to achieve equivalent  response as  required  by RCRA.



     Given the varying authorities and responsibilities  of  Federal



and state governments prior to full authorization,  joint Federal/state



planning will be particularly crucial to program implementation.



Regions and states should use the Facility Management Planning



process to decide on a facility-specific basis the  timing of



various corrective action initiatives, which authority (ies )



should be used to compel the initiative, and which  agency will



take responsibility for implementing and overseeing the  action.



Where non-RCRA state authorities are used  to compel corrective




action activities,  EPA will have ultimate  respons ibilty  for



ensuring that the activities mandated are  consistent with and



equivalent to the standards imposed by HSWA.

-------
                               -26-

GUIDANCE: RCRA Reauthorization and  Joint  Permitting  In
          Authorized States, July 1,  1985
V.  REQUEST FOR COMMENT

     EPA invites comments on the general features  of  this  draft

strategy, as v/ell as on the specific issues and  policies which

are expressed as part of the strategy.  Comments should be

directed to:
                Matt Hale
                Chief,  Permits Branch (WH-563)
                Office of Solid Waste
                U.S. Environmental Protection Agency
                Washington, D.C.  204SO

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-------
                      SECTION 7003
                      IMMINENT HAZARD

  SEC. 7003. [6973J (a) AUTHORITY OF ADMINISTRATOR.—Notwith-
standing any other  provision of this Act, upon receipt of evidence
that the past or present handling, storage, treatment, transporta-
tion or disposal of any solid waste or hazardous waste may present
an imminent and substantial endangerment to health or the-envi-
ronment, the Administrator may bring suit on behalf of the United
States in the appropriate district court against any person (includ-
ing any past or present generator, past  or present transporter, or
past or present owner or operator of a treatment, storage, or dis-
posal facility) who has contributed or who is contributing to the al-
leged disposal to restrain such person from such handling, storage,
treatment, transportation, or disposal, to order such person to take
such other action as may  be  necessary, or both. A transporter shall
not be deemed to have contributed or to be contributing to such
handling, storage, treatment, or disposal taking place after such
solid waste or hazardous waste has left the possession or control of
such transporter if  the transportation of such waste was under a
sole contractual arrangement arising from a published tariff and
acceptance for carriage by common carrier by rail and such trans-
porter has exercised due care in the past or present handling, stor-
age, treatment, transportation and disposal of such waste. The Ad-
ministrator shall provide notice to the affected State of any such
suit. The Administrator may also, after notice to the affected State,
take other action under this section including, but not limited to,
issuing such orders  as  may  be necessary to protect public health
and the environment.
  (b) VIOLATIONS.—Any person who willfully violates, or fails or re-
fuses to comply with, any order of the Administrator under subsec-
tion (a) may, in an action brought in the  appropriate United States
district court to enforce such order, be fined not more than $5,000
for  each day in which such violation occurs or such failure to
comply continues.
  (c) IMMEDIATE NOTICE.—Upon receipt of information that there is
hazardous waste at any site which has presented an imminent and
substantial endangerment to human health or the environment,
the Administrator shall provide immediate  notice to the appropri-
ate local government agencies. In addition, the Administrator shall
require notice of such endangerment to be promptly posted at the
site where the waste is located.
  (d)  PUBUC  PARTICIPATION  m  SETTLEMENTS.—Whenever  the
United States or the Administrator proposes to covenant not to sue
or to forbear from suit or  to settle any claim arising under this sec-
tion, notice,  and opportunity for a public meeting in the affected
area,  and a reasonable opportunity to comment on the proposed
settlement prior to  its final  entry  shall  be  afforded to the public.
The decision of the United  States or  the Administrator to  enter
into or not to enter into such Consent Decree, covenant or agree-
ment shall not  constitute a  final agency action subject to judicial
review under this Act or the  Administrative Procedure Act.
-------
                   SECTION  3008(a:
  SBC. 3008. [6928] (a) COHPUANCC ORDCRS.—<1) Except aa provid-
ed in paragraph (2), whenever on the basia of any information the
Administrator determines that any person has violated or is in vio-
lation of any requirement of this subtitle, the Administrator may
issue an order assessing a civil penalty for any past or current vio-
lation, requiring compliance immediately or within a specified time
period, or both, or the Administrator may commence a civil action
in the United States district court in the district in which the vio-
lation occurred for appropriate relief, including a temporary or per-
manent injunction.
  (2) In the case of a violation of any requirement of this subtitle
where such violation occurs in a State which is authorized to carry
out a hazardous waste program  under section 3006,  the Adminis-
trator shall give notice to the State in which such violation has oc-
curred thirty days prior to  issuing an  order or commencing a civil
action under this section.
  (3) Any order  issued pursuant to  this subsection may include a
suspension or revocation of any permit issued by the Administrator
or a State under this subtitle and shall state with reasonable speci-
ficity the nature of the violation. Any penalty assessed in the order
shall not exceed $25,000 per  day  of noncompliance for each viola-
tion of a requirement of this subtitle,  In  assessing  such  a penalty,
the Administrator shall  take into account the seriousness of the
violation and any good faith efforts to comply with applicable re-
quirements.
  (b) PUBUC HEARING.—Any order issued under this section  shall
become final unless, no  later than  thirty days after the order  is
served, the person or persons named therein request a public hear-
ing. Upon such request the Administrator shall promptly conduct a
public  hearing. In connection with any proceeding under this sec-
tion the Administrator may issue subpenas for the attendance and
testimony of  witnesses  and the production of relevant papers,
books, and documents, and may promulgate rules for discovery pro-
cedures.
  (c) VIOLATION OP COMPLIANCE ORDERS.—If a violator fails to take
corrective action within  the  time specified in a compliance  order,
the  Administrator  may  assess a civil penalty of  not more  than
125,000 for each day  of continued  noncompliance with the order
and the Administrator may suspend or revoke any permit issued to
the violator (whether issued by the Administrator or the State).
-------
                     SECTION  3013
               MONITORING, ANALYSIS, AND TESTING

  SBC. 3013. [6934] (a) AUTHORITY or ADMINISTRATOR.—If the Ad-
ministrator determines, upon receipt of any information, that—
      (1) the presence of any hazardous waste at a facility or site
    at which hazardous waste  is,  or has been, stored, treated, or
    disposed of, or
      (2) the release of any such  waste from such facility or site
may present a substantial hazard to human health or the environ-
ment, he may issue an order requiring the owner or operator of
such facility or site to conduct such monitoring, testing, analysis,
and reporting with respect to such facility or site as the Adminis-
trator deems reasonable to ascertain the nature and extent of such
hazard.
  (b) PREVIOUS OWNERS AND OPERATORS.—In the case of any facili-
ty or site not in operation at  the time a determination is made
under subsection (a) with  respect to the facility or site, if the Ad-
ministrator finds that the  owner of such facility or site could not
reasonably be expected to have  actual knowledge of the presence of
hazardous waste at such facility or site and of its potential for re-
lease, he may issue an order requiring the most recent previous
owner or operator of such  facility  or site who could reasonably be
expected to have such actual knowledge to carry out the actions re-
ferred to in subsection (a).
  (c) PROPOSAL.—An order  under subsection (a) or (b) shall require
the person to whom such order is issued to submit to the Adminis-
trator within 30 days from the issuance of such order a proposal
for carrying out the required monitoring, testing, analysis, and re-
porting. The Administrator may, after  providing such person with
an opportunity  to confer with  the Administrator respecting such
proposal, require such person to carry out such monitoring, testing,
analysis, and reporting in accordance with such proposal, and such
modifications in such proposal as the Administrator deems reason-
able to ascertain the nature and extent  of the hazard.
-------
                SECTION 3013(d)
  (d) MONITORING, ETC., CARRIED Our BY ADMINISTRATOR.—(1) If the
Administrator determines that no owner or operator referred to in
subsection (a) or (b) is able to conduct monitoring, testing, analysis,
or reporting satisfactory to the Administrator, if the Administrator
deems any such action carried out by an owner or operator to be
unsatisfactory, or if the Administrator cannot initially determine
that there is an owner or operator referred to in subsection (a) or
(b) who is able to conduct such monitoring, testing, analysis, or re-
porting, he may—
      (A) conduct monitoring, testing, or analysis (or any combina-
    tion  thereof)  which he deems  reasonable  to ascertain  the
    nature and extent of the hazard associated with the site con-
    cerned, or
      (B) authorize a State  or  local authority or other person to
    carry out any such action,
and require, by order, the owner or operator referred to in subsec-
tion (a) or (b) to reimburse the Administrator or other authority or
person for the costs of such activity.
  (2) No  order may be issued under this subsection requiring reim-
bursement of the costs of any action carried out by the Administra-
tor which confirms the results of an  order issued under subsection
(a) or (b).
  (3) For purposes of carrying out this subsection, the Administra-
tor or any authority or other  person authorized under paragraph
(1), may exercise the authorities set forth in section 3007.
  (e)  ENFORCEMENT.—The Administrator  may  commence  a civil
action against any person who fails or  refuses to comply  with  any
order issued under this section. Such action shall be brought in the
United States district court  in which the defendant is  located, re-
sides, or  is doing business. Such court shall have jurisdiction to re-
quire compliance  with such  order  and  to assess a civil penalty of
not to exceed $5,000 for each day during which such failure or re-
fusal occurs.
-------
                 SECTION  3008(h)
  (h) INTERIM STATUS Coaajtcnvi ACTION ORDKBS.—(1) Whenever
on the basis of any information the Administrator determines that
there is or has been a release of hazardous waste into the environ-
ment from a facility authorized to operate under section 3005(e) of
this subtitle, the Administrator may issue an order requiring cor-
rective action or such other response measure as he deems neces-
sary to protect human health or the environment or the Adminis-
trator  may commence a civil action in the  United States  district
court in the district in which the facility is located for appropriate
relief, including a temporary or permanent injunction.
  (2) Any order issued under this subsection  may include a  suspen-
sion or revocation of authorization to operate under section 3005(e)
of this subtitle, shall state with reasonable specificity the nature of
the required corrective action or other response measure, and shall
specify a  time for compliance. If any person named in an order
fails to comply with the order, the Administrator may assess, and
such person shall be liable to the United States for, a civil penalty
in an amount not to exceed $25,000 for each day of noncompliance
with the order.
-------
                  SECTION  3004(u
  (u) CONTINUING RZLXASSS AT PxBunTED FAcnjTBS.—Standards
promulgated under this section shall require, and a permit issued
after the  date  of enactment of the Hazardous and Solid Waste
Amendments of 1984 by the Administrator or a State shall require,
corrective action for all releases of hazardous waste or constituents
from any solid waste management unit at a treatment, storage, or
disposal facility seeking a permit under this subtitle, regardless of
the time at which waste was placed in such unit. Permits issued
under section 3005 shall contain schedules of compliance for such
corrective action (where such corrective action cannot be completed
prior to issuance of the permit) and  assurances of financial respon-
sibility for completing such corrective action.
-------
                  SECTION 3004(v)
  (v)  CoHucnvs  ACTIONS  BKTOND  FACUJTY  BOUNDABY.—Aa
promptly as practicable after the date of the enactment of the Haz-
ardous and  Solid Waste Amendments of 1984, the  Administrator
shall amend the standards under this section regarding corrective
action required at facilities for the treatment,  storage, or disposal,
of hazardous waste listed or identified  under section 3001  to re-
quire that corrective action be taken beyond the facility boundary
where  necessary  to protect human  health and the environment
unless the owner or operator of the facility concerned demonstrates
to the satisfaction of the Administrator that, despite the owner or
operator's best efforts, the owner or operator was unable to obtain
the necessary permission  to undertake  such action. Such regula-
tions shall take effect immediately  upon promulgation, notwith-
standing section 3010(b), and shall apply to—
     (1) all facilities operating under permits issued under subsec-
    tion (c), and
     (2) all landfills, surface impoundments, and waste pile units
    (including any new units, replacements of existing units, or lat-
    eral  expansions of existing  units)  which receive  hazardous
    waste after July 26, 1982.
Pending promulgation of such regulations, the  Administrator shall
issue corrective action orders for facilities referred  to in  para-
graphs (1) and (2), on a case-by-case basis, consistent with the pur-
poses of this subsection.
-------
r
                                                     CERCLA  SECTION  104

                       (As  amended by  SARA.   Words in  italics  represent  additions  made  by
                       SARA;  bracketed  items  have  been  deleted by SARA.)
                                        SEC. 104. (aXl) Whenever (A) any hazardous substance is released
                                      or there is a substantial  threat of such a release into the environ-
                                      ment, or (B) there is a release or substantial threat of release into
                                      the  environment  of  any  pollutant or contaminant which  may
                                      present an imminent and substantial danger to the public health
                                      or welfare, the President is authorized to act, consistent with the
                                      national contingency plan, to remove or arrange for the removal of.
                                      and provide  for remedial action relating to  such hazardous sub-
                                      stance,  pollutant, or contaminant at any time (including its remov-
                                      al from any contaminated natural resource), or take any other  re-
                                      sponse  measure  consistent with the  national  contingency  plan
                                      which the President deems necessary to protect the public health
                                      or welfare or the environment [, unless the President determines
                                      that such removal and remedial action will be done properly by the
                                      owner or operator of the vessel  or  facility from which the release
                                      or threat of release emanates, or by any other responsible party}.
                                       When the President determines that  such action will be done proper-
                                      ly and promptly by the owner or operator of the facility or vessel or
                                      by any other responsible party, the President may allow such person
                                      to carry out the action, conduct  the remedial investigation, or con-
                                      duct the feasibility study in accordance with section 122. No remedi-
                                      al  investigation or feasibility study (RI/FS) shall be authorized
                                      except on a determination by the President that the party is quali-
                                      fied to conduct the RI/FS and only if the President contracts with
                                      or arranges for a qualified person to assist the President  in oversee-
                                      ing and reviewing the conduct of such RI/FS and if the responsible
                                      party agrees to  reimburse the Fund for any cost incurred by  the
                                      President under, or in connection with,  the oversight contract or ar-
                                      rangement. In no event shall a potentially responsible party be sub-
                                      ject to a lesser standard  of liability, receive preferential treatment,
                                      or in any other way, whether direct or indirect,  benefit  from  any
                                      such arrangements as a  response action contractor,  or as a person
                                      hired or retained by such a response action contractor, with respect
                                      to the release or facility  in question. The President shall give pri-
                                      mary attention  to those  releases which the President deems ma\
                                      present a public health threat.
-------
                             CERCLA  SECTION 106

(As amended  by  SARA.    Words in italics  represent  additions  made  by
SARA;  bracketed  items  have  been  deleted by SARA.)
                                  ABATKMKNT ACTION

                     Sic. 106.  (a) In addition to any other action taken by a
             State  or local government, when the  President determines that
             there  may be an imminent and substantial endangerment to the
             public health or welfare or the environment because of an actual
             or threatened release  of a hazardous substance from a facility, he
             may require the Attorney General of the United States to secure
             such relief as may be necessary to abate such danger or threat, and
             the district  court of the United States in the district in which the
             threat occurs shall have jurisdiction to grant such relief as the
             public interest and the equities of the case may require. The Presi-
             dent may also, after notice to the affected State, take other action
             under this section including, but not limited to, issuing such orders
             as may be necessary to protect public health and welfare and the
             environment.
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                                   ,  5>^  ^\ -V«\   ^
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                           DEFINITIONS
RELEASE OF HAZARDOUS WASTE
           Any spilling, leaking, pumping,  pouring, emitting,
           emptying, discharging, injecting, escaping,  leaching,
           dumping,  or  disposing...
           From:
           To:
                 Hazardous Waste  Management Units
                 Solid Waste Management Units with hazardous
                 constituents
                 Hazardous  waste  management activities
                 Groundwater
                 Surface  water
                 Air
                 Land surface and  subsurface strata

FROM A FACILITY

      •     All contiguous  property, not limited to solid and/or
           hazardous waste management  areas,  under the control  of
          . an owner  or operator at which units subject to RCRA
           permitting  are  located.

AUTHORIZED TO OPERATE UNDER SECTION 3005(e)

      •     Facilities  that  have interim  status
      •     Facilities  that  should  have interim  status
      •     Facilities  that  had interim  status
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       UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                      WASHINGTON. D.C. 20460


                         DEC I 6 1985
MEMORANDUM
SUBJECT:
FROM:
          Interpretation of Section 3008(h
          Waste. Disposal Act
                                            of the Solid
          J.
          O
              finston Porter, Assistant Administrator
             lice of Solid w
-------
             RCRA SECTION 3008(h)




THE INTERIM STATUS CORRECTIVE ACTION AUTHORITY




              DECEMBER 16, 1985
-------
I.  INTRODUCTION

     The Hazardous and Solid Waste Amendments of 1984 have substantially

expanded the scope of the RCRA hazardous waste management program.  One of

the most significant provisions is the interim status corrective action

authority, which allows EPA to take enforcement action to compel response

measures when the Agency determines that there is or has been a release of

hazardous waste at a RCRA interim status facility.  Prior to the 1984

Amendments, EPA could require remedial action at interim status facilities

by, inter alia, (1) using RCRA §7003 or CSRCLA S106 authorities if an imminent

and substantial endangerment may have been presented, or (2) when significant

ground-water contamination was detected, calling in Part B of the RCRA permit

application and requiring corrective action as a condition of the permit.  The

Amendments added Section 3008(h) to deal directly with environmental problems

by requiring clean-up at facilities that have operated or are operating subject

to RCRA interim status requirements.

     The purpose of this document is to provide preliminary guidelines on the

scope of Section 3008(h) and to summarize appropriate procedures.  The document

will be revised as case law and Agency policy develop.  Other relevant RCRA

guidances that may be consulted include:

     0 Final Revised Guidance on the Use and Issuance of Administrative Orders
       under Section 7003 of RCRA, Office of Enforcement and Compliance Monitoring
       and Office of Solid Waste and Emergency Response - September, 1984.

     0 Issuance of Administrative Orders under Section 3013 of RCRA, Office of
       Enforcement and Compliance Monitoring and Office of Solid Waste and
       Emergency Response - September, 1984.

     0 Draft Guidance on Corrective Action for Continuing Releases, Office
       of Solid Waste and Emergency Response - February, 1985.

     0 Final RCRA Ground-Water Monitoring Compliance Order Guidance, Office
       of Solid Waste and Emergency Response - August, 1985.
-------
                                     -2-


     0 Draft RCRA Ground-Water Monitoring Technical Enforcement Guidance
       Document, Office of Solid Waste and Emergency Response - August, 1985.

     0 Draft RCRA Preliminary Assessment/Site Investigation Guidance,  Office
       of Solid Waste and Emergency Response - August, 1985.


II.  DELEGATIONS OF AUTHORITY

     On April 16, 1985, the Administrator signed delegations enabling the Regional

Administrators, the Assistant Administrator for Solid Waste and Emergency Response

and the Assistant Administrator for Enforcement and Compliance Monitoring to

exercise Section 3008(h) authority.  There are three new delegations, 8-31, 32

and 33.  The first enables the Regional Administrator or the Assistant Administrator

for Solid Waste and Emergency Response to determine that there is or has been a

release of hazardous waste at or from a RCRA interim status facility.  The second

and third delegate the authority to issue orders and sign consent agreements.

The authority to refer civil judicial actions is found in Delegation 8-10.

     Because Section 3008(h) is quite broad, both with respect to the types of

environmental problems that may be addressed and the actions that EPA may compel,

delegation of Section 3008(h) authority is subject to limitations.  To issue an

administrative order or sign a consent agreement, the Regions must obtain advance

concurrence from the Director, Office of Waste Programs Enforcement, Office of

Solid Waste and Emergency Response and must notify the Associate Enforcement

Counsel for Waste, Office of Enforcement and Compliance Monitoring.  Until the

Agency as a whole gains experience in using the new authority, this requirement

is necessary to ensure that sound precedent is established and national program

priorities are .addressed.  The Office of Waste Programs Enforcement intends to

waive advance concurrence, however, for those Regions that demonstrate sufficient

experience in using Section 3008(h) as indicated by the number and quality of

S3008(h) orders submitted for review in the next six months.  Civil judicial

actions will be handled in accordance with existing procedures for referrals.
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                                      -3-
     To expedite S3008(h) actions, the Regions should establish procedures for

drafting and reviewing orders and referrals and clearly delineate the roles

and responsibilities of Regional RCRA enforcement and program personnel (including

CERCLA personnel as necessary) and the Office of Regional Counsel in those

processes.  Draft orders should be sent to the Chief, Compliance and Implementation

Branch, RCRA Enforcement Division, Office of Waste Programs Enforcement.

     Headquarters is committed to conducting timely review of §3008(h) orders.

To avoid the delays associated with discussion and review of rough drafts, we

ask that orders be in "near final" form when they are submitted.  Generally,

the orders will be examined to determine whether (1) the elements of proof are

adequately defined and documented, (2) the response to be compelled is practicable

and environmentally sound, and (3) the action supports national RCRA program goals.

Written comments or concurrence will be provided to the Regions within ten working

days of receipt.


III.  SCOIE OF SECTION 3008(h)

Section 3008(h) provides:

     " (1)  Whenever on the basis of any information the Administrator
            determines that there is or has been a release of hazardous
            waste into the environment from a facility authorized to
            operate under Section 3005(e) of this subtitle, the Administrator
            may issue an order requiring corrective action or such other
            response measure as he deems necessary to protect human health
            or the environment, or the Administrator may commence a civil
            action in the United States district court in the district in
            which the facility is located for appropriate relief, including
            a temporary or permanent injunction.

       (2)  Any order issued under this subsection may include a suspension
            or revocation of authorization to operate under Section 3005(e)
            of this subtitle, shall state with reasonable specificity the
            nature of the required corrective action or other response
            measure, and shall specify a time for compliance.  If any
            person named in an order fails to comply with the order, the
            Administrator may assess, and such a person shall be liable to
            the United States for, a civil penalty in an amount not to exceed
            $25,000 for each day of noncompliance with the order."
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                                     -4-





     lt> exercise the interim status corrective action authority, the Agency



must first have information that there is or has been a release of hazardous



waste to the environment at or from an interim status facility.  Second, the



corrective action or other response measure, in the judgment of the Agency,



mist be necessary to protect hunan health or the environment.  Key terms are



discussed below in greater detail.





"Whenever on the basis of any information the Administrator determines ..._"



     The opening clause of Section 3008(h) authorizes the Agency to make the



determination that there is or has been a release of hazardous waste into the



environment on the basis of 'any information1.  Appropriate information can be



obtained from a variety of sources, including data from laboratory analyses of



soil, air, surface water or ground water samples, observations recorded during



inspections, photographs, and facts obtained from facility records.



     The reference to a determination by the Administrator should be considered



in the context of the term 'any information'.  To satisfy any requirement



imposed by the statute, an order should contain a specific determination.  A



civil referral should also be based on a written determination that there is



or has been a release.





 " ...that there is or has been a release...into the environment..."



     The trigger for issuing S3008(h) orders and initiating civil referrals



is the existence of information that there  is or has been a release, which is



a lower threshold than the showing of  'substantial hazard' under RCRA Section



3013 or 'imminent and substantial endangerment' under RCRA Section 7003 or CERCLA



Section 106.  While the statute does not define the term  'release1, the Agency



believes that, given the broad remedial purpose of Section 3008(h), the term



should encompass at least as much as the definition of release under CERCLA.



See  42 U.S.C. §9601(22).  Therefore a  release  is any spilling, leaking, pumping,
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                                  •   -5-


pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping

or disposing into the environment.  The exemptions described in the CERCLA definition

are considered inapplicable or inappropriate for RCRA purposes, however, and are not

included in the RCRA definition.

     The term 'environment1 is also broad.  The legislative history for

Section 3008(h), which discusses use of the authority to respond to releases

to various environmental media, makes it clear that Section 3008(h) is not

limited to a particular medium.  H.  Rep. No. 1133, 98th Cong., 2d Sess. 111-112

(1984).  The Agency will use Section 3008(h) to address releases to surface

waters, groundwater, land surface or subsurface strata and air.

     It is not necessary to have actual sampling data to show a release.  An

inspector may find other evidence that a release has occurred, such as a broken

dike at a surface impoundment.  Less obvious indications of release might also

be adequate to make the determination.  For example, the Agency could have

sufficient information on the contents of a land disposal unit, the design and

operating characteristics of the unit, and the hydrogeology of the area in

which the unit is located to conclude that there has been a release to groundwater.

     In addition to on-site information gathering undertaken specifically to

support a §3008(h) action, other sources that may provide information on

releases include:

       0 Inspection Reports.

       0 RCRA Part A and Part B permit applications.

       0 Responses to RCRA §3007 information requests.

       0 Information obtained through RCRA S3013 orders.

       0 Notifications required by CERCLA S103.

       0 Information-gathering activities conducted under CERCLA §104.

       0 Informants' tips or citizens' complaints corroborated by supporting
         information.
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                                      -6-
      A determination that there is or has been a release does not require that



 specific amounts of hazardous waste or hazardous constituents be found in



 the environment.  Quantities or concentrations of hazardous wastes or hazardous



 constituents should be considered when ordering interim or complete corrective



 actions, however, because response actions compelled by the Agency must be



 necessary to protect human health or the environment.





 "...of hazardous waste..."
      In contrast to many Subtitle C provisions, the language of Section 3008(h)



 refers to "hazardous waste" rather than "hazardous waste identified or listed



 under Subtitle C".  The Agency believes that the omission of a reference to



 wastes listed or identified at 40 CFR Part 261 was deliberate, and Congress



 did not intend to limit Section 3008(h) only to materials meeting the regulatory



 definition of hazardous waste.  The Conference Report specifically endorses the



 use of corrective action orders to respond to releases of hazardous constituents.



 H. Rep. No. 1133, 98th Cong., 2d Sess. Ill (1984).  The legislative history also



 indicates that the new authority should be at least as broad as the corrective



 action authority in the federal RCRA permit program.  Id. at 111-112.  Those



 regulations address both hazardous waste and hazardous constituents.  Moreover,



 Section 3004(u), the 'Continuing Releases' provision requiring clean-up of



 releases fron any solid waste management unit at a treatment, storage or



 disposal facility seeking a RCRA permit, applies to releases of hazardous



 constituents as well as releases of listed and characteristic wastes.  H. Rep.



, No. 198, 98th Cong., 1st Sess. 60 (1983).  Therefore, Section 3008(h) may also



 be used to compel response measures for releases of hazardous constituents



 from hazardous or solid waste.
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                                     -7-
     "Hazardous constituents" are the substances listed in Appendix VIII to



40 CFR Part 261.  H. Rep. No. 198, 98th Cong., 1st Sess. 60-61 (1983).



According to the legislative history for Section 3004(u), which is read in con-



junction with Section 3008(h), the term also includes Appendix VIII hazardous



constituents released from solid waste and hazardous constituents that are reaction



by-products.  S. Rep. No. 284, 98th Cong., 1st Sess. 32 (1983).  It should be



noted that the legislative history for the new underground storage tank provisions



states that Section 3008 is not applicable to underground storage tanks regulated



under Subtitle I.  Such releases may be addressed by Section 7002 and Section



7003 authorities, however.  H. Rep. No. 1133, 98th Cong., 2d Sess. 127 (1984).



Section 3008(h) remains applicable to releases from underground tanks containing



hazardous or solid waste subject to Subtitle C provisions.





"...from a facility..."



     For interim status corrective action purposes, EPA intends to employ the



definition of 'facility1 adopted by the Agency in the corrective action



program for releases from permitted facilities.  The preamble to the permitting



requirements for land disposal facilities indicates that the term 'facility1



refers to ..."the broadest extent of EPA's area jurisdiction under Section



3004 of RCRA...[meaning] the entire site that is under the control of the



owner or operator engaged in hazardous waste management." 47 PR 32288-89



(July 26, 1982).  See also the Final Codification Rule.  50 FR 28712 (July 15,



1985).  Therefore, the definition of facility encompasses all contiguous property



under the owner or operator's control.



     The permit program, as amended by Section 3004(u), requires corrective action



for releases of hazardous waste and hazardous constituents from solid waste



management units at a facility.  EPA interprets 'solid waste management unit'
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                                     -8-
to include any discernable unit used for waste management.  See 50 FR 28712



(July 15, 1985).  Since the legislative history describes the interim status



corrective action authority as a "supplement" to permitting authority and



indicates that the interim status authority should be at least as broad as



the permit authority, Section 3008(h) clearly authorizes EPA to require corrective



action for any release of hazardous waste from discernable waste management



units.  The Agency's authority to use Section 3008(h) to address releases from



solid waste management units as well as hazardous waste management units is



discussed in the Final Codification Rule.  50 FR 28716 (July 15, 1985).



     The language of Section 3008(h), however, suggests that Congress did not



intend to limit EPA's authority to releases from discernable units.  Unlike



Section 3004(u), Section 3008(h) broadly authorizes corrective action for



any release from a "facility".  It does not require the Agency to find that



a release originated in a discernable waste management "unit".



     The legislative history supports this interpretation.  Prior to enactment



of Section 3008(h), the RCRA regulations required corrective action for releases



to groundwater from permitted 'regulated units' (surface impoundments, waste



piles, landfills and land treatment areas that received Subtitle C hazardous



waste after a specified date).  40 CFR 264.100 and 40 CFR 264.90.  Congress



criticized this approach as too slow and too limited, however, and created



the interim status corrective action authority to "deal directly with an



ongoing environmental problem at interim status facilities."  H. Rep. No. 1133,



98th Cong., 2d Sess. 110-112 (1984).  Moreover, Congress clearly did not intend



the authority to be limited to the scope of the existing permit program.  For



instance, the legislative history lists several examples of releases outside



the regulatory program for which a S3008(h) action is appropriate, including
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                                     -9-





releases from waste management units not required to undertake corrective



action or otherwise exempt from RCRA regulations and releases, such as air



emissions, to environmental media other than groundwater.  Id. at 112.



     The text of the statute, the broad remedial purpose, and the clear intent



to authorize action beyond the scope of the permit regulations support the



position that Section 3008(h) authorizes EPA to address all types of releases



of hazardous waste within a facility.  As discussed previously, the term



'hazardous waste' encompasses 'hazardous constituents' from both hazardous and



solid waste.



     Section 3008(h) will also be used to address releases that have migrated



from the facility.  New Section 3004(v), which provides that EPA may issue



orders requiring corrective action for releases that have crossed the facility



boundary if the permission of the owner of the affected property can be obtained,



supports the Agency's interpretation that such releases are subject to action



under Section 3008(h).  See also the Final Codification Rule. 50 FR 23716



(July 15, 1985).



     In a §3008(h) order or judicial referral, Agency personnel should describe



hazardous and solid waste management units within the boundary of the facility



and hazardous and solid wastes (and associated hazardous constituents) managed by



the facility in addition to information indicating that a release has occurred.



Since Section 3008(h) unequivocally authorizes EPA to address releases from



units, the order or complaint should establish some link between the hazardous



constituents in a release and the hazardous or solid wastes in waste management



units where possible.  For example, the findings of fact might state that the



facility treats, stores or disposes of certain listed Subtitle C wastes, that



those wastes were listed because they contain the hazardous constituents cited



in Appendix VII to 40 CFR Part 261 and that some or all of those constituents



have been found in the environment, thereby indicating a release.
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                                     -10-
"... authorized to operate under Section 3005_(e)..."
     This clause encompasses several classes of hazardous waste treatment,
storage and disposal facilities.  First, facilities that have met each
requirement for obtaining interim status in a timely manner are subject to
Section 3008(h).  With respect to those facilities brought into the hazardous
waste management system when the Phase I RCRA rules went into effect, to establish
interim status EPA must demonstrate that: (1) the facility was in existence on
November 19, 1980, and; (2) the owner or operator complied with the requirements
of Section 3010(a), regarding notification of hazardous waste activity, and;
(3) the owner or operator submitted a Part A application in accordance with 40
CFR 270.10.  As to those facilities in existence on the date of regulatory or
statutory changes that render the facility subject to the requirement to obtain
a permit under Section 3005, to establish interim status the Agency must demonstrate
(1) that the facility was in existence on the appropriate date and (2) submitted
a Part A permit application in accordance with the requirements of 40 CFR 270.10.
If a statutory or regulatory change requires notification under Section 3010,
EPA must also establish that the facility submitted the notification.
     Second, Section 3008(h) applies to facilities that treat, store, or dispose
of hazardous waste, but have not actually obtained interim status because the
owner or operator did not fully comply with the requirements to submit a Section
3010 notification and/or a Part A.  Such facilities have been allowed to operate
in accordance with a formal enforcement action or an Interim Status Compliance
Letter requiring compliance with Part 265 standards.  Furthermore, the owners
or operators are not relieved of the duty to apply for and obtain a final RCRA
permit.  See e.g., the notice of implementation and enforcement policy for loss
of  interim status under Section 3005(e), 50 FR 38947-48 (September 25, 1985).
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                                     -11-
The Agency believes that Congress intended the interim status corrective action



authority to apply to such facilities.  The legislative history for Section



3008(h) supports this position by making it clear that the authority can be



used to address releases from units that do not have interim status, such as



wastewater treatment tanks.  H. Rep. No. 1133, 98th Cong., 2d Sess. 112 (1984).



   •  Third, EPA considers Section 3008(h) to be applicable not only to owners



or operators of facilities in the above two categories but also to units or



facilities at which active operations have ceased and interim status has been



terminated pursuant to 40 CFR Part 124 or Sections 3005(c) and 3005(e)(2) of



RCRA.  Section 3008(h) specifically provides that the interim status corrective



action orders may include a suspension or revocation of the authority to operate



under interim status, as well as any other response necessary to protect human



health or the environment.  Consequently, a corrective measures program can



be imposed under Section 3008(h), even if a facility's interim status has been



taken away as a result of an interim status corrective action order.  The



Agency also believes that Section 3008(h) can be used to compel responses to



releases at facilities that lost interim status prior to a §3008(h) action.



This approach is consistent with Congressional intent to assure that



significant environmental problems are addressed at facilities that treat,



store or dispose of hazardous waste but do not have a final RCRA operating or



post-closure permit.  H. Rep. No. 1133, 98th Cong., 2d Sess.  110-112 (1984).



     Where a State is authorized to administer the RCRA program, the require-



ments for obtaining the State's equivalent to interim status may differ from



those of the federal program.  In authorized States that do not duplicate the



federal procedures, hazardous waste treatment, storage and disposal facilities



that have not been granted or denied a final RCRA permit are generally considered



interim status facilities.  Land disposal facilities that were issued State permits
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                                     -12-
after November 8, 1984 but have not yet received the federal portion of the

permit applicable to continuing releases under Section 3004(u) are treated for

purposes of this guidance in the same manner as interim status facilities.

Similarly, hazardous waste underground injection wells that did not receive a

UIC permit prior to that date will also be treated in the same manner as interim

status facilities.  See the notice of implementation and enforcement policy for

loss of interim status under Section 3005(e).  50 FR 38947 (September 25, 1985).


*...Corrective action or such other response measure as he deems necessary
to protect human health or the environment ..."

     Prior to the Hazardous and Solid Waste Amendments of 1984, the term

"corrective action", in the RCRA regulatory context, referred to removal or

treatment in place of Appendix VIII hazardous constituents in groundwater.

40 CFR 264.100.  Section 3008(h) is not restricted to remedial action for

ground-water contamination, however.  The statutory language and the legislative

history indicate that a wide range of responses to releases to all media from

waste management activities may be compelled.  Financial assurance for any

response measure may also be required.

     The authority can be used to require implementation of one or more stages

of a clean-up program, such as:

     0 Containment, stabilization or removal of the source of contamination,

     0 Studies to characterize the nature and extent of contamination and to
       assess exposure and health and environmental effects,

     0 Identification and evaluation of remedies,

     0 Design and construction of the chosen remedy,

     0 Implementation of the remedy, and

     0 Monitoring to determine the effectiveness of the remedy.
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                                      -13-





     For example, a §3008(h) order might require that the owner or operator



conduct a study to characterize the nature and extent of contamination, then



select a remedy and submit a corrective action plan to EPA.  The Agency and the



owner or operator would then confer on the plan and amend the order to reflect any



modifications.  H. Rep. No. 1133, 98th Cong., 2d Sess., 111 (1984).  Because a



study on the nature and extent of contamination and the selection and design of



a remedy may require a significant amount of time, Section 3008(h) should be



employed to require interim measures as necessary to protect human health and



the environment prior to completion of the study and selection of a remedy.



Examples of interim remedies that could be compelled include removal of the



waste or containment of the source of the contamination by lining a unit or



erecting dikes.  In some instances, preliminary pumping and treating of affected



groundwater may be appropriate.



     While the information needed to make a determination that there is or has



been a release is minimal, more information may be needed to justify a specific



interim or full remedy.  The Administrator can require "corrective action or



such other response measures as he deems necessary to protect human health or



the environment."  To show that a response may be necessary to protect human



health or the environment, the present or potential threat posed by the release



should be described.  The Agency may consider a variety of factors, including



the quantity of hazardous waste; the nature and concentration of hazardous



constituents or other hazardous properties exhibited by the waste; the facility's



waste management practices; potential exposure pathways; transport and environmental



fate of hazardous constituents; humans or environmental receptors that might be



exposed; the effects of exposure, and; any other appropriate factors.  To compel



corrective action investigations or studies, only a general threat to human



health or the environment needs to be identified.
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                                      -14-
IV.  ADMINISTRATIVE ACTIONS



     Under Section 3008(h), the Agency can issue administrative orders or



commence a civil judicial action.  The decision to pursue an administrative



or judicial remedy must be made on a case-by-case basis since each approach



has advantages and disadvantages.  An administrative order, for instance, can



usually be issued quickly, while preparation for a judicial action may be more



tiroe-consuning and must be referred to the Department of Justice.  On the



other hand, a judicial order or consent decree can be enforced readily since



the court already has jurisdiction of the matter.



     EPA may issue a §3008(h) administrative order to require corrective



action or any response necessary to protect human health or the environment.



The order may include a suspension or revocation of authorization to operate.



If any person named in the order fails to comply with the order, the Agency



may iirpose a civil penalty not to exceed $25,000 for each day of nonccnpliance.





Notice to States



     Section 3008(h) does not require that States be given notice of an impending



action.  To ensure that the Agency is fully informed of relevant facts and, in



view of the Federal/State relationship, consultation with the State should



usually precede an EPA action.  To avoid misunderstandings, reasonable notice



should be given to the State when an action is taken.  The notice should include



the location and a description of the facility, the names and addresses of the



owners and operators, the conditions requiring a response and a description of



the action that EPA will require.
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                                      -15-


Elements of Orders

     Because it is the focal point in all proceedings subsequent to its issuance,

the initial order must be as complete as possible.  Failure to develop an

adequate document may have adverse consequences if the Agency seeks judicial

enforcement.  All §3008(h) orders should contain the following general elements:

     0 A statement of the statutory basis for the order.

     0 Factual allegations showing that there is or has been (1) a release (2)
       of hazardous waste or hazardous constituents (3) into the environment
       (4) at or from an interim status facility.  Facts indicating that the
       response is necessary to protect human health or the environment should
       also be presented.

     0 A determination, based on the factual allegations, that there is or
       has been a release of hazardous waste or hazardous constituents to
       the environment from an interim status facility.

     0 An order that clearly identifies the tasks to be performed, and a schedule
       of compliance accompanied by appropriate reporting and approval requirements.

     0 A statement informing the respondent that he has a right to request
       a hearing within 30 days of issuance concerning any material fact in
       the order or the terms of the order.

     8 A notice of opportunity for an informal settlement conference.  It
       is the Agency's policy to encourage settlement of §3008(h) actions
       through informal discussions.  The respondent should be cautioned, however,
       that a request for a conference does not affect the 30 day period for
       requesting a hearing.

    0  A statement that EPA may assess penalties not to exceed $25,000 per
       day of non-compliance with the order.

     It may be appropriate to include a provision for stipulated penalties in

orders on consent.  Such a provision, however, should be drafted to make it

clear that the stipulated penalty is not EPA's sole remedy and that Agency has

not waived its statutory authority to assess penalties under Section 3008(h)(2).

It is recommended that the Regions pursue judicial referrals to impose penalties

for noncompliance with a §3008(h) administrative order rather than issuing

a subsequent order for penalties.
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                                      -16-
     Releases from liability and covenants not to sue may be sought by parties



negotiating S3008(h) orders.  These provisions terminate or seriously impair



the Federal Government's right of action against a party.  In general, the



interim CERCIA Settlement Policy (December 5, 1984) may be followed.  Releases



generally will not be appropriate, however, where the extent of contamination,



the reliability of the remedy or long-term operation and maintenance requirements



are uncertain.  If provided, they should be narrowly drawn.  In addition, EPA



personnel should exercise particular care in drafting such provisions to ensure



that they do not restrict the operation and enforcement of the on-going RCRA



regulatory program.  Moreover, the order should also contain a provision reserving



the Agency's right to take additional action under RCRA and other laws.  For



example, EPA should reserve the right to expend and recover funds under CERCLAj



to bring imminent and substantial endangerment actions under RCRA §7003 and



CERCLA §106; to assess penalties for violations of and require compliance with



RCRA requirements under §3008(a); to address releases other than those identified



in the order; to require further action as necessary to respond to the releases



addressed in the order, and;'to take action against nonparties if appropriate.





Hearing Requirement



     To issue a unilateral §3008(h) order, EPA must comply with the requirements



of Section 3008(b) with respect to an opportunity for a hearing.  130 Cong. Rec.



S9175 (daily ed. July 25, 1984).  Although procedures for §3008(a) administrative



actions have been established by regulation  (See 40 CFR Part 22), those regulations



are not legally applicable to §3008(h) actions.  Hearing procedures for §3008(h)



actions are under development.  Until formal guidance is available, a Region



that intends to issue a unilateral order should contact the Office of Waste



Programs Enforcement, Office of Solid Waste and Emergency Response.
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                                      -17-


Development and Preservation of the Administrative Record

     S3008(h) orders might be reviewed in administrative or judicial proceedings.

Therefore, it is essential that information required by the statute and all

other relevant information or documents obtained by the Agency be compiled in

an administrative record, preserved and readily retrievable.  The EPA official

initiating the action should maintain a file that contains the following:

     0 EPA investigative records, such as inspection reports, sampling and
       analytical data, copies of business records, photographs, etc.;

     0 Reports and internal Agency docunents used in generating or supporting
       the enforcement action, including expert witness statements;

     0 Copies of all documents filed with the Regional Hearing Clerk or the
       Presiding Officer;

     0 Copies of all relevant correspondence between EPA and the respondent;

     0 Written records of conferences and telephone conversations between
       EPA and the respondents, and;

     0 Copies of all correspondence between EPA and State or other federal
       agencies pertaining to the enforcement action.

V. CIVIL JUDICIAL ACTIONS

     Under Section 3008(h), EPA may initiate civil judicial action to compel

appropriate relief, including a temporary or permanent injunction, or to

enforce a §3008(h) administrative order.  As noted previously, the decision

to pursue administrative or judicial remedies will be made on a case-by-

case basis.  Generally, however, a civil judicial action may be preferable

to issuance of an administrative order in the following types of situations:

       0 A person is not likely to comply with an order or has failed to
         comply with a 53008(h) order.

       0 A person's conduct nust be stopped imnediately to prevent irreparable
         injury, loss or damage to human health or the environment.

       0 Long-term, conplex and costly response measures will be required.
         (Because compliance problems are more likely to arise during
         implementation of these actions than while carrying out a simple,
         short-term action, it may be better to have the matter already
         before the court for ease of enforcement.)
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                                    -18-
Other factors that could be considered include the value of a favorable decision



as precedent and the need to deter noncorapliance by other potential targets for



EPA enforcement action under Section 3008(h).



     A request to file a civil judicial action must be referred by the Assistant



Administrator for Enforcement and Compliance Monitoring to the Department of



of Justice.  The procedures that Agency personnel should follow to develop a



referral and support litigation are described in the RCRA/CERCIA Case Management



Handbook (August, 1984) and the RCRA Compliance/Enforcement Guidance Manual



(September, 1984).





VI. USE OF SECTION 3008(h) IN RELATION TO PERMITTING, CLOSURE AND OTHER AUTHORITIES



RCRA Permits



     The pre-HSWA regulations applicable to corrective action at permitted facilities



deal only with a remedial program for treatment in place or removal of qroundwater



contaminated by a release from a 'regulated unit*.   (Prior to HSWA, the term



'regulated unit' meant a surface impoundment, landfill, land treatment unit or



waste pile that operated after January 26, 1983.  Enactment of new Section 3005(i),



which provides that the Part 264 groundwater monitoring, unsaturated zone monitoring



and corrective action requirements are applicable at the time of permitting to



landfills, surface impoundments, waste piles and land treatment units that received



Subtitle C hazardous wastes after July 26, 1982, necessitated a corresponding change



in the definition of regulated unit).  Enactment of  Section 3004(u) enlarged the



universe of units subject to corrective action at RCRA facilities by requiring



that a facility seeking a RCRA permit address all releases of hazardous waste



and hazardous constituents at any hazardous or solid waste management unit.
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                                      -19-
In addition to increasing the number and kinds of units subject to corrective



action, EPA will use the Section 3004(u) authority to address releases to air,



land and surface waters as well as to groundwater.  Furthermore, Section 3004(v)



allows EPA to require corrective action beyond the facility boundary where



necessary to protect human health and the environment unless the facility



owner or operator is unable to obtain permission from the owner of the affected



property.



     Permitting can be a lengthy process.  Therefore, the interim status



corrective action authority should be used to address significant environ-



mental problems prior to issuance of the permit.  With respect to 'regulated



units', which cannot be permitted until the facility is in compliance with



Part 270 requirements to assess ground-water contamination and develop a



corrective action plan it necessary, Section 3008(h) may be particularly useful



for compelling activities not addressed by the Part 265 and Part 270 regulations.



For instance, interim corrective action measures could be required prior to



permit issuance.  For releases from solid waste management units and hazardous



waste management units other than 'regulated units', Section 3008(h) may be



used to compel interim measures, studies to characterize the nature and extent



of contamination and the threat posed by the release, selection of remedy and



design, construction and implementation of the remedy.



     If an interim status facility is seeking an operating permit or will be



required to obtain a post-closure permit, any §3008(h) action at that facility



should be designed to meet the needs of the permitting process to the extent



possible.  If all necessary steps in a corrective measures program will not be



completed prior to issuance of a permit, compliance schedules in the order



should be developed so that they can be readily incorporated in the permit.
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                                      -20-
RCRA Closures



     EPA believes that the interim status corrective action authority will



be useful in assuring environmentally sound closures of RCRA hazardous waste



management units.  Section 3008(h) may be used to supplement the interim status



closure regulations.  Approval of a closure plan does not limit the Agency's



ability to use Section 3008(h), as well as other applicable corrective action  •



authorities, to deal with releases of hazardous waste or hazardous constituents.



In view of the number of interim status closures anticipated as a result of



new statutory and regulatory requirements, the Regions are encouraged to



employ the interim status corrective action authority to assure that RCRA



hazardous waste management units are closed in a manner that properly protects



human health and the environment.





Other Enforcement Authorities



     Because of the broad scope of Section 3008(h) and the variety of activities



that can be conpelled, the interim status corrective action authority may be



employed in conjunction with other enforcement authorities, although it may be



appropriate to issue separate,concurrent orders due to differing hearing



requirements.  For example, where a violation is associated with a release of



hazardous waste or hazardous constituents, a Section 3008(a) action should be



used to.require compliance with the regulation and assess penalties while a



Section 3008(h) action could be employed to compel response actions that go



beyond regulatory requirements.  Section 3013, which allows the Agency to



compel owners or operators of treatment, storage or disposal facilities to



conduct certain types of studies, may be used when the presence of hazardous



waste may present a substantial threat but EPA does not have sufficient



information to make a determination that there is or has been a release.
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                                      -21-
     With regard to iiminent and substantial endangerment actions, the legis-



lative history makes it clear that enactment of Section 3008(h) does not



alter the Agency's interpretation of Section 7003.  H. Rep. No. 1133, 98th Cong.,



2d Sess. Ill (1984).  RCRA §7003 or CERCIA S106 actions are appropriate if



conditions at an interim status facility may present an imminent and substantial



endangerment and the Agency needs to move quickly to address the problem.  The



'imminent hazard1 provisions of RCRA and CERCLA may be especially helpful if



the Agency wishes to take action against responsible parties other than or in



addition to the current owner or operator.





VII.  FESERVATION



     The policies and procedures set forth herein and the internal office



procedures adopted pursuant hereto are intended solely for the guidance



of United States Environmental Protection Agency personnel.  These policies and



procedures are not intended to, do not, and may not be relied upon to create a



right or benefit, substantive or procedural, enforceable at law by a party to



litigation with the United States.  The Agency reserves the right to take any



action alleged to be at variance with these policies and procedures or that is



not in compliance with internal office procedures that may be adopted pursuant



to these materials.
-------
          JNiTii; STATES ENVIRONMENTAL PROTECTION AGENCY

                     WASHINGTON, 3 C.  2CUSO
                               !S84
MEMORANDUM

SUBJECT:  Issuance of Adminis cracive Orders Under Seccion 2013
          of che Resource Conservation and Rec^verv Act
                                                  '
FROM:     Courtney M. ? r i ce
          As s is cane Adminis traTcorror'Enforcement
            and Compliance Monico-cTng
                              <^JjX—*  \i*	    ^_	
          Lee M. Thomas,  AssiscaTSc Acminiscracor
          Office of Solid Waste and Emergency Response

TO:       Addressees

     Seccion 17 of the Solid Waste Disposal Act Aaendrsencs of
1980 (P.L. 96-432) added Seccion 3013 to che Resource
Conservacion and Recovery Act of 1975 (RCRA).  This ae~orar.d-jr;
provides guidance on the use of that section and replaces
earlier guidance issued September 11, 1981.

DELEGATION

     Under current delegation authority Section 3d 3
Administrative Orders (Orders) are issued by Regional Adminis-
trators (RAs) with the advance concurrence of che Director,
Office of Waste Programs Enforcement (OW?E) ,  except in cases
of national significance or in multi-regional cases,  when
the Director, OWPS, issues the Orders.  The Assistant Adminis-
trator for Enforcement and Compliance Monitoring (OECM) ,  consults
as requeste-d on Orders,  refers Section 3013 judicial actions
to che Department of Justice,  and sends notices of such action
to the appropriate RA and to che Dirsctor, GW?E.  Further
rede legation is currently uncer review.

FIMDINGS REQUIRED ?CR ISSUANCE

Section 3013 fa).  AUTHORITY OF ADMINISTRATOR.
          "If che Administrator determines, upon
          of anv information, chac -
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               (1) the presence of any hazardous waste at
          a facility or site at which hazardous waste  is,
          or has been, stored, treated, or disposed of, or

               (2) the release of any such waste
          from such facility or site may present a
          substantial hazard to human health or the
          environment, he may issue an order requiring
          the owner or operator of such facility or
          site to conduct such monitoring, testing,
          analysis, and reporting with respect to
          such facility or site as the Administrator
          deems reasonable to ascertain the nature
          and.extent of such hazard."

     Under subsection (a), before an Order may be  issued, the
RA or, in cases of national significance or multi-regional
cases, the Director, OWPE, must find that sufficient information
has been received to determine that:

          (a)  the presence of hazardous waste]_/at a site may
present a substantial hazard to human health or the environment,
or;

          (b)  the release of any such waste from the sire may
present a substantial hazard to human health or the environment.

     The requirement for "information" means that some reliable
information upon which a reasonable person would base a decision
or take action has been gathered or presented before issuance
of the Order.  Such information may include laboratory analysis
of samples, observations recorded in the course of an inspection,
and citizens complaints corroborated by supporting information.
Some background information regarding the type and quantity of
waste likely to be found on the site can be located in EPA and
State agency records, as well as by the use of site specific
requests under Section 3007 of RCRA and/or Section 10". of the
 i/  Note that the exclusion of gasoline from the definition
     of hazardous substances under CSRCLA  is not applicable
to the hazardous wastes as defined in RCRA.  Accordingly,  §2013
Orders may be useful enforcement tools  in  some  situations
involving leaking underground storage tanks  (LUSTs) .  Soce,
too, that the statutory definition of hazardous waste (RCRA
§1004(5)) is applicable in §3013 Orders, not the Subtitle  C
regulatory definition.
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                             - 3 -
Comprehensive Environmental Response, Compensation, ana
Liability Act of 1980 (CERCLA)."  Section 3013 Orders may be
used in situations where information required under Subtitle C
has not been submitted if other factors support the determina-
tion that a substantial hazard may exist.  In cases where
information required to be submitted under Subtitle C has not
been submitted, and no indication of substantial hazard is
presented, enforcement action under Section 3008 may be
appropriate. ^/

     It .should be noted that the mere presence of hazardous
waste at a site or facility is sufficient to cause the issuance
of an order, provided that the information indicates that the
presence of the waste may present a substantial hazard.  This
is true even in the absence of definite evidence of an actual
release of waste, and covers the cases where there is a threat
of release, or where it is difficult, if not impossible,  to
ascertain, without extensive sampling, analysis and monitoring,
whether a release has actually occurred or will occur.

     Finally, a determination as to whether known and detectable
or potential releases from the site may present a substantial
hazard requires gathering of sufficient information to make a
determination of two essential orereauisites:
2/   Section 106 of CESCLA also may be used to issue an order
     to prior owners/operators under circumstances where the
"imminent and substantial endangerment" standard can be met.
In such situations, it may be advantageous to issue a §3013
Order in conjunction with a §106 Order under CZRCLA.  In
deciding whether to issue a §106 Order under CERCLA or a §3013
Order under RCRA, the main consideration should be whether
available information can support a finding that there may be
an "imminent and substantial endangerment."  If such a firming
can be supported, then a §106 Order or a S106 Order in conjunc-
tion with a §3013 Order is appropriate.  The RI/FS policy
regarding circumstances under wnich a potentially responsible
party may be required to perform an RI/FS snould se consulted.
Section 3013 Orders snould not be used to evade cr.e RI/FS
policy.  Remedial investigations may be performed pursuant
to a §3013 Order, but feasibility studies ara beyond tne
jurisdictional scooe of §3013.
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     (1) That there is a known or potential release of hazardous
waste from the site.

     (2) That the release "may present a substantial hazard"
to human health or the environment.

     Number (1)  above may be determined in a variety of ways,
including actual observation of escape from the site of a
substance known to be hazardous,  by governmental sampling or
analysis, or through information supplied by the owner/operator.
(See discussion of "information"  above.)   It is significant
that Congress used the words "may present" rather than "is
presenting",  such as had been used in Section 7003 prior to
the 1980 amendments.  As in Section 7003, the effect of the
words "may present" is to require that the information
presented to the RA or Director,  OWPE, show only that there  is
a possibility or potential of a substantial hazard to
human health or the environment,  rather than to show that the
hazard actually exists.

     Whether a "substantial hazard" may exist involves
consideration of some of the same factors as those used to
determine whether an "endangerment" exists under Section 7003.
The standard itself, however, is  a lesser standard than that
under Section 7003.  Again, actual harm to human health or the
environment need not be shown, buc only that the potential for
harm may exist through a release  or threat of release of
hazardous waste from a site.  Whether a release or threat
thereof may present a "substantial hazard" essentially depends
upon a number of factors, such as the likelihood of a release
of hazardous wastes, the manner of release of the hazardous
waste from the site (i.e., ground or surface water, air, etc.),
the characteristics and amount of the waste discharged, current
or potential use of the portion of the environment affected,
potential for exposure to humans  and the environment, and
other related factors.  If the site has been investigated and
prioritized by the Federal government as to hazard presented,
as required by Section 105 of CSRCLA, chat determination will
be useful in assessing the risk.

TO WHOM THE ORDER MAY 3E ISSUED

     Section 3013(a) authorizes issuance of an order against
the present owner or operacor.  Under the circumstances set
forth in subsection (b), issuance of an order may also be
appropriate against a prior owner or operator.
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Section 3013 (b).   PREVIOUS OWNERS AND OPERATORS.

         "In the case of any facility or site not in
          operation at the time a determination  is made
          under subsection (a)  with respect to the
          facility or site, if the Administrator finds
          that  the owner of such facility or site could
          not reasonably be expected to have actual
          knowledge of the presence of hazardous wasta
          at such facility or site and of its potential
          for release, he may issue an order requiring
          the most recent previous owner or operator of
          such  facility or site who could reasonably be
          expected to have such actual knowledge to carry
          out the actions referred to in subsection (a)."

     Subsection (b) entitles the Agency -- under certain
circumstances -- to go back in time in the chain of title to a
previous owner or operator of the site.  The conditions which
must be met for issuance of a. Section 3013 Order to a previous
owner or operator of a site are:

          (1)  The facility or site must be one which is not
"in operation"  at the time a determination is made under sub-
section (a)  and (2) the present owner of the facility or site
"could not reasonably be expected to have actual knowledge of
the presence of hazardous waste at such facility or site and
of its potential for release."   While in aany cases there will
be little question as to whether a facility is "in operation"
(e.g. ,  a closed landfill), in other cases that determination
wi 11 no t be as  clear.  We believe that it was the intent of
Congress to place an interpretation on the words "in operation"
which WDuld enable EPA to gather information concerning potent-
ially hazardous sites from those in the best position to provide
that information - the previous owners or operators.  We there-
fore believe that a facility is not "in operation" if it has
been abandoned or is noc otherwise being actively operated as
a hazardous waste facility by the current owner or operator.

     It should  be noted that if the present owner of the site
cpuld reasonably be expected to have actual knowledge of both
tne presence of the waste and its potential for release feven
though the waste had been placed in or on the site by a previous
owner or operator), this subsection would appear to prohibit
the issuance of an Order to the previous owner or operator.
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                             - 6 -
     Assuming the cwo condicions discussed above ara mec, the
Order may be issued only Co Che "most recenc previous owner or
operator of such facility or site who could reasonably be
expected to have such actual knowledge. ..."  Whether an
owner or a previous owner or operator of a site could "reason-
ably" be expected to have actual knowledge of the presence of
the waste or its potential for release can best be determined
through evidence showing the use of the facility during the
period of ownership by the previous owners.  For example, if a
previous owner dumped uncontainerized waste into an unlined
pit and then covered it with dirt, he can reasonably be expected
to have the actual knowledge of both the presence and potential
for release of the waste.  The same determination could be
made for an owner who stored waste in leaky containers on the
bare ground without benefit of a pad or base and containment
walls.

ELEMENTS OF AN ORDER

Section 3013 (c).  PROPOSAL.

         "An order under subsection (a) or (b) shall
          require the person to whom such order is
          issued to submit to the Administrator within
          30 days from che issuance of such order a
          proposal for carrying out the required
          monitoring, testing, analysis, and reporting.
          The Administrator may, after providing such
          person with an opportunity to confer with
          the Administrator respecting such proposal,
          require such person to carry out such moni-
          toring, testing, analysis, and reporting in
          accordance with such proposal, and such
          modifications in such proposal as che
          Administrator deems reasonable Co ascertain
          the nature and extent of the hazard."

     Unless EPA and che respondent have agreed in advance en a
work plan to be incorporated in the Order, che Order must
require the respondent Co prepare and submit a proposal for
che monitoring, casting, analysis, and reporting Program for
the site from which the waste is or aay be escaping.  Such
proposal must be submitted within 30 days from che date of
issuance of the Order.  The Order should recite (1)  the informa-
tion and facts upon which it is based; (2) the threat or
potential threat to human health and/or the environment; and,
(3) outline with some degree of specificity che general areas
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of concern which should be addressed in che proposal  to be
submitted by the respondent.  Attached to this memorandum is
an example of an Order (Appendix A) outlining the general
areas of concern to be addressed in the requested sampling,
analysis and monitoring program.  3y

     The Order shall direct the respondent to conduct  the
monitoring,  testing,  analysis, and reporting program and
should be specific as to details of the program.  For example,
the Order may require the proposal to set forth the number,
location and depth of monitoring wells, the number and
frequency of samples to be taken,  the parameters of the
analysis, reporting requirements and other related details,
including dates by which each element should be commenced and
completed and,  where appropriate,  requirements for submission
of status reports to EPA as work on the program progresses.

     The Order, if issued unilaterally, must advise the
respondent of his right to submit in writing any legal or
technical defenses,  objections or contentions which he may
desire to make, and that he is entitled to confer in person
and/or by attorney with EPA regarding  the proposal.  The Order
must also specify the name,'address and telephone number of
the appropriate official of EPA whom the respondent may contact
to arrange a conference.  The Order should be sent to the
respondent by certified mail,  return receipt requested.

     In some instances,  contacts with the owner/operator may
result in issuance of a §3013 Order on a consensual basis.  An
example of an Order issued after conferring with the owner/
operator ("Consent Order") is attached (Appendix 3).  In such
cases, the Order should note  that the respondent has already
conferred with EPA and consents to issuance of the Order.

    In addition,  when a. plan  already has met with the approval
of the parties, it is advisable to include in the Order a pro-
vision such as:

       Respondent agrees to implement  the requirements
       of the work plan set forth below for carrying out
       investigative activities including monitoring,
3_/   The appendices ara attached as examples only.  They are
     not intended to dictate how Orders should be written.  The
uniaue circumstances of each case necessitates some latitude in
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                             - 3 -
       testing, analysis and reporting an the facility.
       This work plan has been developed jointly by EPA
       and Respondent.  EPA and Respondent agree that
       incorporation of this work plan in the instant
       Order satisfies the requirement under Section
       3013(c) that Respondent submit a proposal and
       that SPA provide an opportunity for Respondent
       to confer regarding such proposal.

     An Order is "final" in that it requires the preparation
and submission of a plan.  However, no actual sampling, analysis
or monitoring should be conducted unCil after approval of a
satisfactory plan submitted by the respondent (except in cases
delineated in subsection (d)(l) of §3013).

REVIEW OF THE PROPOSAL

     The proposal submitted by the respondent is not required
to be in any particular form.  It must be critically reviewed
by EPA to ensure that it covers the areas addressed by the
Order, both from a legal and technical standpoint.  The proposal
should be as specific as the circumstances and knowledge of
the site will allow, setting forth, for example, the number and
location of monitoring wells, the frequency of samples from
the wells, the location of soil samples," parameters and proto-
cols for analysis, and so forth.  In some cases the extent of
the work required will be such that submission of a detailed
plan may be difficult to accomplish in a 30 day period.  In
such cases, it aay be sensible to require submission of a
broader, less detailed plan within the 30 day period and a
lengthier, detailed plan after the respondent has had an oppor-
tunity to confer with EPA.  In cases in which the sampling,
analysis, testing and monitoring program is to be carried out
in stages, or over a. significant period of time, the proposal
should include a statement that EPA shall be furnished periodic
status reports from the respondent regarding progress being
made in implementation of the program.  The Order should always
state that EPA has a right to approve any proposed changes or
modifications after initial approval has been given tc the
proposal.

     In reviewing a proposal, EPA personnel snoula examine two
areas:  first, the adequacy of the proposal to achieve the
goals of the sampling, analysis and monitoring programs; and
second, the competence of the persons or firms who will be
implementing the proposal to conduct the sampling, analysis,
monitoring and reporting activities in a technically acceptable
manner, so that the information oroduced thereby will be
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reliable.  The second area -- the competence of  the  contractor
or consultant who will implement the program --~ "is delicate
because EPA should not place itself in the position  of  formally
approving or disapproving the professional qualifications  of
particular contractors and it should be made clear to the
i-esjppndent" that the respondent, not EPAt is resjjonsible  for
the_cotapetenae o£ the contractor.  However, the  design  and
implementation of the type of program which will be  conducted
under a §3013 Order requires engineers and other persons wno
are knowledgable in a variety of areas such as hydrology,
geology and chemistry, among others.

     While an owner or operator of a site should be  at  liberty
to hire a contractor of his own choice, EPA should always
require the technical aspects of the proposal to be  very
detailed and specific so as to avoid misunderstandings  during
the implementation of the program and should also require
frequent status reports while the work is in progress.

     In the event a conference results in a modified proposal,
the respondent should either resubmit the entire proposal,
as modified, or if the modifications are not extensive,  the
respondent may submit a separate amendment to the proposal.
In all cases, the proposal, and any amendments or modifications,
should be signed by the respondent.

PROPOSAL CONFERENCE

     The Order must give the respondent an opportunity  to
confer on the proposal submitted for the monitoring  plan.
This conference will also afford the respondent the opportunity
to indicate why the respondent should not be subject to  the
Order.  A record in the form of a tape recording or  steno-
grapher's notes should be made and included in the case  file.
In the event of subsequent litigation over the Order, the
recording or notes can then be transcribed for use,  if  necessary.

     While the proposal must be submitted to EPA within  30 days
after the date of the Order, we interpret §3013(c) to allow a.
conference requested by the respondent to be held either before
or after the proposal is submitted.  However, the holding  of a.
conference cannot vary or extend jthe 30 day pericxi fo~r  suorai-ssion
o:T~the gr^pdsjLl, so that if"" a conference is requested for  a
time before the proposal is submitted, the conference must be
held and the proposal submitted within the 30 day period.
Conferences to be held after submission of the proposal  should
be scheduled as soon as possible aftar submission (i.e. , not
more than 30 days thereafter) ,  so as to avoid delay  -.n  finalizing
the orouosal.
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     Under the statute, chare is no requirement for public
notice of Che conference or any requirement that third parties
be admitted co che conference.  However, noching precludes the
admittance of a non-party to the conference, if the Region
determines that such participation would be beneficial or
desirable.  In certain cases, the Department of Justice, the
State or local pollution control agency and others may be
appropriate attendees or participants.

     Pursuant to information developed at the conference, EPA
may modify the proposed sampling, analysis and monitoring
requirements contained in the Order as may be reasonably
required to ascertain the nature and extent of che hazard.
This may include modifications making the requirements more
strict or extensive, as well as less extensive.

APPROVAL OF PROPOSAL

     An acknowledgement letter must be issued under §3013 after
review of the respondent's proposal has been completed.  The
purpose of the letter is to acknowledge in writing the decision
EPA has reached after review of the respondent's proposal.
It should be signed, if possible, by the person who signed the
Order.  Section 3013(c) permits EPA to modify the proposal
submitted by the respondent or to develop its own program of,
sampling, analysis and monitoring in order to determine  the
nature and extent of the hazard.  The letter should staca
whether the proposal has been accepted and should specify what
modifications, if any, have been made to the proposal.   This
can be accomplished by attaching a copy of the proposal, as
modified, to the acknowledgement letter.  In the unlikely
event chat EPA plans to incorporate any major changes  in the
Order chat were not discussed at the conference, EPA should
notify the respondent of such changes before issuing the
acknowledgement letter and provide reasonable opportunity to
the respondent to comment upon such modifications.

MONITORING PROGRAM BY EPA. STATS. OR OTHER P_ERSCNS

Section 3013(d).  MONITORING, ETC., CARRIED OUT BY ADMINISTRATOR

         "O) If the Acminiscrator determines that no
          owner or operator  referred  to in  subsection
          (a) or (b) is able to conduct monitoring,
          testing, analysis, or  reporting satisfactory
          to the Administrator,  if the Administrator
          deems any  such action  carried out by an owner
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          or operator to be unsatisfactory,  or  if  the
          Administrator cannot initially determine  that
          th'ere is an owner or operator referred to in
          subsection (a) or (b) who is able  to  conduct
          such monitoring, testing, analysis, or reporting,
          he may—

               (A)  conduct monitoring, testing, or
               analysis (or any combination  thereof)
               which he deems reasonable to  ascertain
               the nature and extent of the  hazard
               associated with the site concerned,  or

               (B)  authorize a State or local  authority
               or other person to carry out  any such
               action,

          and require,  by order, the owner or operator
          referred to in subsection (a) or (b)  to
          reimburse the Administrator or other
          authority or person for the costs  of  such
          activity.

          (2)  No order_ may be issued under  this
          subaeje_tfon requiring reimbursement o£"
          the~co"s~ts of aliy_jLC^i,Qn_earrj^ed_out~'5y the
          AdmlniaTracor which confirms the results
          of an order issued under subsection•(a)
          or (b).

          (3)  For purposes of carrying out  this
          subsection, the Administrator or any
          authority or other person authorized
          under paragraph (1), may exercise  the
          authorities set forth in Section 3007."

     The provisions of this subsection provide  for  three
situations where the Agency may carry out the monitoring
activities or authorize others to do so:

          (1)  Where no pwner or operator is able to conduct
these activities satisfactorily;

          (2)  Where the testing conducted by the owner/operator
is determined to be unsatisfactory; or
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           (3)  Where  it  cannot be  determined  initially  whether
 there  is  an  owner  or  operator able co  conduct the required
 monitoring and testing.

     Numbers  (1) and  (3)  are similar;  the  distinction  is
 that in number (3) no owner/operator can be  identified  or
 located initially, whereas  in number (1) the  owner/operator is
 identified but unable or unwilling to  conduct the required
 activities.

     In numbers  (1),  (2)  and (3) the important  consideration
 is whether the owner/operator will conduct the  required activi-
 ties in a manner satisfactory to EPA,  i.e.,  in  a  timely manner
 and  in a  manner  technically consistent with  EPA requirements.
•Subsection (d) is  intended  to allow EPA to conduct  the  monitoring,
 testing,  analysis  or  reporting  itself  or to  authorize  the State
 or other  third parties  to perform  the  required  activities if
 delay  or•inadequate performance will result  from  relying on the
 owner/operator.

     Once EPA or some other authorized person has performed
 monitoring,  testing,  analysis or reporting pursuant to  §3013(d),
 an Order  may  be  issued  to require  reimbursement of  the  costs.
 The  Order for Reimbursement should be  issued  to the present
 owner  or  operator  or  the most recent previous owner or  operator
 who  could reasonably  be expected to have actual taiowledge of
 the  hazardous waste.  An example of an Order  for  Reimbursement
 is attached  as Appendix C.

     Note that subsection (d)(2) prohibits an Order for
 Reimbursement if the  results obtained  confirm the results of
 an Order  issued  under subsection (a) and  (b).  Our  interpre-
 tation is that this provision prohibits seeking reimbursement
 in circumstance  (2) above,  where the Agency  acted because of
 information  leading to  the  belief  that the results  from the
 owner/operator tests  were inaccurate or unreliable, and our
 subsequent  tests,  in  fact,  confirm the owner/operator  test
 results.

 ENFORCEMENT  OF THE ORDER

 Section  3013 (a).   ENFORCEMENT.

          "The Administrator may  commence  a civil
           action against any  person who fails or
           refuses  to  comply with any  order issued
           under  this  section.   Such action shall be
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          brought in "he United Scates district
          court in which the defendant is located,
          resides, or is doing business.  Such court
          shall have jurisdiction to require compliance
          with such order and to assess a civil penalty
          not to exceed $5,000 for each day during
          which such failure or refusal occurs."

     This subsection authorizes bringing a civil action to
require compliance with any Order issued under Section 3013 and
to assess a civil penalty of not to exceed $5,000 for each day
of. noncompliance with the Order.  This authority includes
commencement of a civil action to enforce an Order issued under
Section 3013(d)(l) for reimbursement of costs incurred by EPA
or other authorized person who conducts the monitoring, testing,
or analysis in lieu of an owner/operator.

     Any referral of a civil action under Section 3013(e)
should follow the foraat used for other civil actions.

DEVELOPMENT AND PRESERVATION OF THE ADMINISTRATIVE RECORD

     We attempt to emphasize throughout this memorandum the
importance of obtaining the information required by the statute
prior to the issuance of the Order.  Equally important is the
establishment and preservation of a record where the information
and all documents relevant to the reimbursement or enforcement
proceedings described herein should be kept, since the Order
may eventually be reviewed by a court, and EPA must have a
complete record of the information which formed the basis for
its decisions and documentation of the opportunity afforded
the respondents to confer.  The acknowledgement letter is an
important part of the documentation.

     The Region should encourage communications with the
respondent and his representatives to be in writing insofar
as possible.  Written records of communication should be made
of all telephone conservations with the respondent and a record
should be made of any conference held with respondents in
accordance with this guidance.

     In the event EPA should reject any objections, defenses
or contentions of the respondent, or modify the respondent's
proposal for monitoring, testing, analjsis and reporting
without the respondent's agreement, EPA should set forth the
reasons for such rejection or modification and furnish those
reasons in writing to the respondent.

Attachments
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"
•
•


•

UNITED STATES ENY




IN THE MATTER OF:
^
APPSHDIX A


"'.*..'




IRONMENTAL PROTECTION AGENCY


|

/ J
) • RCRA Docket ' J
, )
Environmental Protection Agency, ' )
Complainant,


V.


Respondent,

Proceedings under § 3013 of
the Resource Conservation and
Recovery Act, 42 U.S.C. § 6334.
}
} FINDINGS OF FACT, DETERMINATION,
) AND ORDER REQUIRING SUBMISSION
) AND IMPLEMENTATION OF PROPOSAL
} FOR SAMPLING, ANALYSIS,
) MONITORING AND REPORTING
)
) •
)
)
)
)
PRELIMINARY STATEMENT
1. This is an administrative action instituted pursuant to Section 201 3
of the Resource Conservation and Recovery Act [42 U.S.C. Section 5934],
hereinafter referred to as "the
Region of the United States


FINDINGS OF FACT, DETERMINATION
Act" or "RCRA". The Complainant is
Environmental Protection Agency (EPA).


AND ORDER PAGE 1 of 8
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    2.   The Regional  Aorinistrator  of  E?A Rag-ion    , by and  through
authority-duly delegated from the Administrator of  EPA, having been
presented with information concarning  the presence  of  hazardous wastes that
are being stored,  treated or disposed  at the  facility  described below, with
information concerning potential  releases of  hazardous wastes from this
facility, and with information that these circumstances may present a
substantial hazard to human health  or  the environment, hereby issues the
following Findings of Fact, Determination and Order Requiring Submission,
pursuant to Section 3013 of the Act [42 U.S.C.  Section 5934] that are set
forth below.
                              FINDINGS CF FACT
    1.  "           '         •                          -  '   •. submitted a
Notification of Hazardous Wasts Activity (EPA Fora 8700-12) for its facility
at                , which was received by Complainant on  August 15, 1330.
This' notification satisfied Section 3010 of the Act.  This notification
indicated that            .                 ., was a generator, and treatsr,
storer and/or disposer of hazardous waste.   The facility  is located

    Z.  ~   '        '                ., submitted a Part A application  (EPA
Forms 3510-1 and 3510-3)  '                .     , which  was received  by
Complainant on November 13,  1580, as required by 40 CrR Section
270.10(e)(iK  This application stated that '
was a storar, trsatar and disposer of hazardous wasta at the  facility.
    3.  '                            , has  operated a facility at
since at least                    (from Respondent's  Part A application),
and  including a period of time November 13, 1SSO, the effective data  of
regulations promulgated pursuant to RC2A.
FINDINGS  OF FACT, DETERMINATION AND ORDER PAGE 2 of 3
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    4.   Respondent's  facility  included i landfill of approximately  55
acre-feet 1n size consisting of  at least 12 tranches, each of which was
approximately 10-feet wide,  20" feet "long, and 4  feet deep.   Wastas, •
including hazardous wasta and  hazardous waste constituents,  generated  by
Resoondent's facility were periodically placed on and into the  landfill
prior to and aftar November 19,  1980.  Respondent thus  owns  and operates a
hazardous wasta management facility       -          for  the treatment,
storage, and/or disposal of hazardous wastas.
    5.  Respondent, in correspondence  dated                 ,,  advised
Complainant that Respondent was discontinuing  the landfill ing  of hazardous
wastes and requested withdrawal  of the Part  A  application.
    6.  Complainant issued a letter to Respondent on             , formally
         0                    *   i                                  °
requesting the submission of the Part B  application.   The letter required
Respondent to submit the Part B application  to the  Complainant within six
(5) months of receipt of the request.
    7.  Respondent, in  correspondence dated            ,, advised
Complainant  that it would not submit a Part B  application.  Respondent
stated  that  effective i                .  Respondent was storing all  hazardous
wasta in  drums and storing such wasts on-sita  for less than ninety  (90)  days.
    8.   Complainant  issued a  lettar to Respondent on              .,
requesting  Respondent to  provide documentation that the landfill units  at
 the facility were  properly closed and that the units would be  properly
maintained  aftar closure,  if  necessary.  Complainant specifically  requested,
 in part,  that Respondent demonstrate closure occurred  in a manner  that
 "controls,  minimizes or eliminatas  to the extent necessary  to  protact htraan
 health  and  the environment, any post closure escape of hazardous wasta
 constituents to  the  ground, groundwatar, surface waters, or to the
 atnosnhere."
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9.

the facil
analyses

Respondent, in correspondence datad , and
., stated its contention that 'the landfill ing activity it
ity was properly closed. Said correspondence included laboratory
of samples of landfilled material from the facility.
These laboratory analyses show the presence of hazardous constituents, as
defined in 40 CFR Part 251, in the landfilled material as summarized below:

Range of levels
Hazardous Constituents detected, pom
Toluene
Lead
Chrorai urn
3,1 to 58.7
2.5 to 22.S
13. S to 49,5
Other Constituents
Xylene . ' .1.5 to 25.8
Methyl Isobutyl Ketone . 1.2 to 9,8


Additionally, all of the samples of landfill ed materials exhibited the
hazardous wasts characteristic of ignitability by having a flash point less
than- 60*
non-igni
10.
analysis
evidence
F, indicating the hazardous wasts had not been rendered
table prior to landfill ing.
Respondent's correspondence dated stated that no
of groundwater quality has been performed. Consequently, no
exists to determine whether hazardous waste or hazardous waste
constituents have migrated to grcundwatar.
n.
The continued presence of hazardous waste constituents in the
Respondent's landfilled material could result in release of hazardous waste
constituents by leachats production and migration off -site by means of


FINDINGS OF FACT, DETERMINATION AND ORDER PAGE 4 of 3
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    surface run-off or grsundwater flow.   Respondent has  not submitted to
    Complainant'documentation that Respondent's facility  is not or may not be
    releasing hazardous waste OP hazardous Waste constituents to ground or
    surface water.
                                    DETERMINATION
    Based upon the aforementioned data and information, it is hereby determined
    pursuant to Section 3013 of the Act that:
        1.   The
                                     facility, as described hereinabove,
owned and operated by  Respondent,  is  a  facility at which  hazardous wastes
are present and at which hazardous wastes have been stored,  treated, and
disposed.
    2.   The methods and practices employed  at the facility  for treating and
disposing of hazardous wastes are  and were such that  the  presence of
hazardous wastes at the facility may  present a substantial hazard to human
health or the environment.
    3.   Hazardous wastes and/or hazardous waste  constituents released at
the facility may have migrated to  surface  or ground waters.   The release of
hazardous wastes at and/or from the facility may  present  a substantial
hazard to human health or the environment.
          ORDER REQUIRING SUBMISSION  AMD IMPLEMENTATION OF PROPOSAL
              FOR SAMPLING, ANALYSIS. MONITORING  AND  REPORTING
Pursuant to Section 2013 of the Act [42 U.S.C.  §  5934]_,  and in order  to
ascertain the nature and extent of the hazard at the
facility as described hereinabove, Respondent is  hereby ordered to  submit  a_
written  proposal to_EPA  for the. samel ing,  analysis,  monitoring and  reporting.
of the hazardous wastes  and hazardous waste  constituents  that are present  at
 FINDINGS OF FACT,  DETERMINATION AND ORDER PAGE 5 of 8
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or that may have ieen released from the  facility, and 1s her«bv  ordsrsd ta
implement such proposal, once approved by  E?A.  Such written  proposal  shall
contain, but is not limited ta,  the following:
    1.   A plan and timetable for the determination of  the  horizontal  and
vertical permeabilities of the uppermost aquifer and the nature  of the
aquitards, or barriers, including a detaraination of the direction and
velocity of grsundwatar flow in the uppermost watar-bearing zones in the
area likely to be affectad by migration  of hazardous wastes from the
Facility.  The plan shall consider means to  determine areas of discharge and
recharge of groundwater 1n the areas likely  to  be affected  by migration of
hazardous wastes from the facility.
    2.   -A plan for determining whether  hazardous wastes or hazardous wasta
constituents have leaked or are leaking  from the landfill.   This shall
include a plan and timetable for the installation of a  groundwatsr
monitoring program, including proposals  as to locations, depth,  and
construction thereof, designed to monitor groundwatsr elevation  and water
quality.
    3.   A sampling and analysis plan for monitoring groundwatsr at or near
the landfill which describes analysis parameters, frequency of sampling,  and
procedures and quality assurance measures for sampling  and  analyzing for
hazardous wasta and hazardous wasta constituents.   The  plan shall provide
that  groundwatar be sampled and analyzed at  least quartarly for one year.
The plan shall also provide for analysis of  all priority  pollutants
contained in Appendix YTII of 40 CFS Part 2S1 for at least one of the
quarterly sampling periods.
              FINDINGS OF FACT,  QETSSMINATION AND  CROSS PAGE 5 of 8
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    4.    A plan and timetable to  collect  and  analyze  soil  samplss  of
appropriate size, depth, and location  to  detamine  the  nature and  extant of. •
contamination of the-surface and  of "the" soil  column above  the groundwater
table at the facility.
    5.    A proposal, including timeframes,  for determining the extent of any
hazard presented by hazardous wasta or hazardous  waste  constituents that may
have been released to drainage ditches, surface waters, or sediments
therein.  This proposal shall specifically  Include  sampling of watar,
sediment, and soils, both on and  off-site,  sufficient to document the extant
of contamination by hazardous wasta or hazardous  waste  constituents that may
have resulted from past events such as rainfall and resulting run-off.
    6.   A'provision for site access-for employees, agents, and contractors
of Complainant at all reasonable  times for  purposes of inspecting and
verifying compliance with the provisions of this'Order in accordance with
and pursuant to  the authority of §3007 of the Act,  42 U.S.C. §6927.
    7.   A description of the means of implementation of the itarns set  forth
above,  a proposal for reporting to EPA on the progress of these items,  and
for reporting the results of the sampling,  analysis and monitoring program.
                            OPPORTUNITY TO  :3NFIR
Under  the  provisions of the  Act, Respondent nay confer with EPA at any  time
prior  to submittal  of  the proposal.  The proposal  submitted by Respondent
shall  be subject to  review,  codification and approval_by  EPA.  Aftsr
submittal  of the proposal,  Respondent  shall be afforded an opportunity  to
confer with  EPA  on  a data specified by EPA to  discuss  tne tanns of  the
 proposal.   Following this conference  and after review, modification  (if
 any),  and  approval  of  the proposal by  EPA, Respondent  shall  forthwith

 FINDINGS OF 'ACT, DETERMINATION  AND ORDER  PAGE 7 of  3
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conduct, carry out and implement the sampling, analysis, monitoring and
reporting, program according to its approved terns and schedules.
,V

The written proposal -ordered herein must be submitted by Respondent to the
Contact Person, , at the address listed below, wi
thirty (30) days of Respondent's receipt of this Order.
LIABILITY
If. EPA determines that Respondent is not able to conduct the activities
required by this Order in a satisfactory manner, is not able to conduct
-IH^MB*

the
activities contained in- the approved proposal, or if actions carried out are
deemed unsatisfactory, then EPA may conduct such actions deemed reasonable
by EPA to ascertain the nature and extant of the hazard at the facility
Respondent may then be ordered to reimburse EPA for the costs of such"
activity pursuant to §301 3 (d) of the Act. In the event Respondent fail
refuses to comply with the tems and provisions of this Order, EPA say
•

s or
commence a civil action to require compliance with such order and to assess
a civil penalty of not to exceed $5,QCO_ for each day during which such
failure or refusal occurs.

WITNESS MY HAND as Regional Administrator pursuant to the authority of
Administrator of the United States Environmental Protection Agency, on
this day of , , 1984.
-
By:
Regional Administrator
Contact Person:





the







FINDINGS OF FACT, DE7EHMINATION AND GRDER PAGE 8 of 3
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                                                          AFPHNDIX 3
                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
IN THE MATTER OF:
Environmental Protection Agency,
                   Complainant,
                                            RCRA Docket X83-11-08-300?  3013 J
                                            FINDINGS OF FACT, AGREED
                                            COMPLIANCE ORDER, AND AGREED
                                            ORDER REQUIRING SUBMISSION
                                            AND IMPLEMENTATION OF
                                            PROPOSAL FOR SAMPLING,
                                            ANALYSIS, MONITORING ANC
                                            REPORTING
                   v.
                   Respondent.     )
                                  )
Proceedings under §§ 3008 and 3013)
of the Resource Conservation and  )
Recovery Act, &,2 U.S.C. §§ 6S28   )
and 6934.	)
                          PRELIMINARY STATEMENT
    1.  This 1s-an "administrative action instituted pursuant to Sections
3008(a) and 3013 of the Resource Conservation and Recovery Act [42 U.S.C
Sections 6923(a) and 6934], hereinafter referred to as "the Act" or
"RCRA".  The Complainant is Region    of the United States Environmental
Protection Agency (EPA).
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
                                                              PAGE 1 of 26
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irm OSO-183
 a ,-j R r>r> t
    2.  Complainant has reason to believe that
           , ("Respondent") has violated Section 3005 of the Act [42  '
U.S.C §6925] as set forth below.  Additionally, the Regional
Administrator of EPA Region   ,, by and through authority duly delegated
from the Administrator of 'EPA, having been presented with information
concerning the presence of. hazardous wastes that are being stared,
treated, and disposed at the facility described below, with information
concerning potential releases of hazardous wastes frcm this facility, and
with information that these circumstances may present a substantial
hazard to human health or the environment, hereby issues the following
Findings of Fact, Determination, Compliance Order, and Order Requiring
Submission, pursuant to Sections 300S and 3013 of the Act [42 U.S.C.
Sections 6928 and 693^1 that are set forth below.
    3.  Respondent consents to comply with the penalty assessment,
Compliance Order and Order Requiring Submission as described below.

                             FINDINGS  OF  FACT
    1.                      "                  submitted a Notification of
Hazardous Waste Activity (EPA Form 3700-12) for its facility near
                 which was received by Complainant on
This notification satisfied Section 3010(a) of the Act.  This
notification indicated that                was a generator, transporter,
and treatar, storer, and/or disposer of hazardous waste.  The facility is
located at I'
                    and was then and is now known as   .     (hereafter
"the facility").
            FINDINGS OF FACT,. DETERMINATION AND AGREED ORDER'
                                                              PAGE Z of  25
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Hrm 030-183
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operations of              at the facility.  The notification was
submitted pursuant to 40 C?R Part 122.22 (now 270.72).
    6.   In correspondence dated             .,, Respondent notified
Complainant that the operating name of Respondent's facility would be
                                                      .', the date that
formal closing of tha ownership transaction would occur.  After that
date, Respondent has owned and operated the facility, known as
    7.   Respondent on                                t  submitted a
                             *             .
revised Part A permit application and requested approval to add treatment
as a hazardous waste management process to be conducted at the facility.
Complainant approved the request on
    8.   Respondent thus owns and operates a hazardous waste management  "
facility (100          } for the treatment, storage, and/or disposal of
hazardous wastes, which is subject to the Interim Status provisions of
Section 3005(e) of the Act and regulations promulgated under the Act.
    9.   Complainant issued a letter to Respondent on
formally requesting the submission of the Part B permit application.  The
letter required Respondent to submit the Part 8 application to the
Complainant within six (6) months of receipt of the request.
    10.  Respondent requested, in correspondence dated                 ,  a
four (4) month extension for submittal of the Part 3 application.
Complainant approved the request and extended the submittal date to

    11.  Complainant has conducted and/or participated in several
inspections of Respondent's ..      facility  to determine compliance wJth
the  Interim Status Standards.  An inspection was conducted by Comolainant
on                .  Several violations of the ISS were noted during the
Inspection.  Respondent was advised of these findings, which were
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7-S.78 OOJ
attacr.ed to correspondence datsd                  .  Corrective action
was required as a part of the Part 3 permit application but, 1n any
event, within six (6) months of Respondent's receipt of the letter.
    12.  Complainant again inspected the facility on                .,
1983, to determine ccmplianca with the ISS.  Copies', of several documents
required to be developed and maintained by the facility were collected
and were reviewed in detail after on-site inspection.  Several violations
of Interim Status Standards were noted and made known to Respondent in a
                             •
Notice' of Violation and Warning (HOVW) dated             '"    .  Among
those noted were.violations of requirements for the Waste Analysis Plan
(40 CFR §265.13), General Inspections (40 CFR §255.15), Personnel
Training (40 CFR §255.15), Contingency Plan (40 CFR §255.52),  Groundwater
Monitoring (40 CFR Part 255 Subpart F), and Closure and Post-Closure  (40
CFR Part 255 Subpart G).  In the NCVW, Respondent was required to  submit
a plan and schedule for compliance*
    13.  Respondent submitted a plan and schedule dated             .,
1983 for compliance with the itaras noted in the                   , NOYW,
and requested an extension of the 30 day submittal requirement for 40  CFR
265 Subpart F violations, until .                .  Complainant granted
the extension, in correspondence datad                  , to allow
completion of gectachnical work then underway at the  site.  Respondent
subsequently submitted  the plan and  schedule, in correspondence  datad
                ., in which Respondent proposed  installation of a
groundwater monitoring  program.  Complainant accapted Respondent's  plan
and  schedule, with some revisions,  in correspondence  datad        ••   ,
1983,  and  advised Respondent that  full  compliance  with  ISS  graundwatar
monitoring requirements was required to  be  achieved  by            .,
            FIHOINGS OF FACT, DETERMINATION AND AGREED ORDER
                                                               PAGE 5 of 26
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.3-78 DOJ
    .  A ground water waiver demonstration was develoced by Respondent.
Based on an Inspection in            and subsequent review of the waiver
demonstration Complainant advised Respondent in the NOVW dated
        that the waiver demonstration was inadequate.  Respondent
therefore has not implemented a groundwatar monitoring program (or
developed a complete waiver demonstration) capable of determining the
facility's impact on the quality of groundwater in the uppermost aquifer
underlying the facility as required by 40 CFR Part 255 Subpart F;
    14.  A storm and flash flood occurred at Respondent's        facility
on the night and/or morning of '                .-, which may have
exceeded a 25-year storm event.  Complainant conducted an inspection of
the facility on                 during which erosion and other signs of
runoff from the site were noted at two arsas of ths facility.  The
erosion noted was due to runoff from the storm.  Inspectors noted liquid
in an active hazardous waste disposal trench (Trench   ).  This liquid
had flowed into the disposal trench from surrounding areas during the
                   storm.  Aftar the storm, facility personnel
constructed a berm at the end of Trench    to deflect future stcrm
run-off into that trench.  Failure to prevent flow of surface water into
an active hazardous waste disposal trench constitutes a violation of 40
CFR §265.302(a). .   -
    IS-  Complainant was advised on or about                 " by the
       County Prosecutor that violations of the Interim Status Standards
had allegedly occurred at Respondent's        facility during the
approximate period of           through  '       ...  Respondent was
alleged to have disposed of large quantities of drums of improperly
solidified and unsolidified liquid waste in Respondent's disposal trench
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGc 6 of 25
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used for disposal of hazardous waste (Trench   ?.
    16.  On or about                 , Respondent  voluntarily began
             •*
excavating and exhuming drums of waste previously  disposed in Trench
Complainant has continually observed excavation activities since
               ..  Excavation of drums continues 'to. data by Respondent.
As drums have been recovered from the disposal  trench thay have been
Individually opened and examined by representatives of Respondent and
Complainant.
                             t   '                                      *
  .  17.  During the period of                    ,  Respondent removed
1412 drums from the disposal trench (Trench   ).  Of these, 528 drums
were determined to contain liquid in whole or in part as follows:
    a.   145 drums full or containing greater than  approximately 75*
1iquid
    b,
    c.
          33 drums containing between approximately 50i and 75i liquid
          44 drums containing between approximately 25i and SOS liquid
    d.   225 drums containing between approximately 5S and 25- liquid
    e.  •  80 drums containing less than approximately 55 liquid
    18.  At the request of Complainant, Respondent provided control
records that document the dates that some of the above-mentioned 528
drums containing liquids were placed in the disposal trench.  These
records disclosed that drums found to contain liquids were placed in
Trench    on at least the following occasions:
 FINDINGS OF FACT, DETERMINATION AND AGREED ORDER .
                                                              PAGE 7 of 25
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2-183
Srt T
I
Date
5/27/83


5/20/83
6/10 and 3/9/83
8/3/83


6/3/83

6/10/83
5/21/83

6/18/83
Such pi acement of
§255.314. Some of the
clearly account for al
manifested to the faci
19. On

Control No._
2352
2358
2231
2323
2330
2343
2361
2392
2370
2374
2381
2386
2234
2443
1 1 quids in Trench

No. of Drums
21
7
3
1
9
32
4 •
16
. 7
47
I
6
5
13
was in violation of 40 CFR
control documents provided to Complainant fail to
1 containers in each
my.
and
Respondent's _ • facility. The purpose
was to determine cornel
shipment of hazardous waste

, Complainant again inspected
of the inspection, in part,
iance with RCRA Interim Status Standards. More
specifically, the inspection was to examine facility operations and
physical conditions at
followi ng:


the facility. The



FINDINGS OF FACT, DETERMINATION AND AGREED


inspection disclosed the



ORDER PAGE 8 of 25

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•-arm 030-183
2-3-78 DOS
         a.  Approximately  3,500  drums were  in  storage  at  the  facility.
         Th« number of  drums  1n storage  1s Increasing.
         b.  Several  drums  containing hazardous waste  in  storage  on-site
         Were corroded  or badly deteriorated; specifically,  drums of
         hazardous waste designated  as D007  were  bulging  and had  not  be«n
         managed  in accordance with  4Q CFR §265.171.
         c.  Several  drums  containing hazardous waste  in  storage  on-site
         were leaking either  from the top seals or openings  or through
         the drum; specifically,  drums of hazardous waste  designated  by
         waste  codes  on the labels as containing  F003,  F005, D001,  D006,
         and phosphoric acid, were leaking,  and had not been managed  In
         accordance with 40 CFR §265.171.
         d.  Several  drums  containing hazardous waste  were stored with
         open tops; specifically, drums  designated by  wasta" codes on  the
         labels as containing OQQ2/QGQ7  and  FQQ3/FQQ5  had  open tops,  in
         violation of 40 CFR §255.173(a).
         e.  Drums containing hazardous  waste were stored  1n a manner
         which  may cause them to  leak; specifically,  drums were stored
         directly on  the ground surface  and  in  areas  of poor drainage
         which  may cause or accelerate drum  deterioration  or rusting, in
         violation.of 40 CFR §255.172(b).
         f.  Run-off  from  active  portions of the  facility was  not
         collected  in a collection systam.   Prevailing grade determines
         the course of  run-off  and natural  ponding.   Ponds fanned by
                                                                     »-
         run-off or  run-on  were allowed  to  evaporate  or percolate into
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 9 of 26
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.•» a.l* TVM
         the son, in violation of 40 C?R §2S5.302(b).
         g.   The diversion structure (a barm)  which had been constructed
         to  cause run-on into Trench 11 was still in place, in violation
         of  40 CFR §255.302(a).
         h.   Inspections by Respondent of containers in storage had not
         been adequate to detect deterioration and releases of hazardous
         waste constituents to the environment, in violation of 40 CFR
         §255.15(a).  Remedial action had not been initiated to correct
         such drum management problems in violation of 40 CFH §255.171.
         1.   Respondent's facility was not then currently maintained and
         operated to minimize the possibility of unplanned sudden or
         non-sudden releases of hazardous waste or hazardous waste
         constituents to air, soil, or surface water; specifically, any
         spill during use of the stabilization pad could result in
         hazardous waste flow to surrounding soil, and failure of any
         container of hazardous waste in storage would result in
         discharge to the soil or surface water, in violation of 40 CFR
         §265.31.  Additionally, Respondent's facility is not equipped
         with a facility or system to prevent the release of hazardous
         waste or hazardous waste constituents from trucks or other
         vehicles 1-eaving the site.
    20.  At  Respondent's        facility there are
                underground structures '
                                                These structures were
filled with  liquid and solid hazardous waste and hazardous waste
constituents prior to November 19, 1980.  The integrity of the
             FINDINGS  OF  FACT,  DETERMINATION  AND  AGREED  ORDER
                                                             PAGE 10 of 26
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1-B.-JC t~1t
underground structures 1s uAnown.  Respondent, in correspondence dated
               ,, advised Complainant that grcundwater had been
encountered beneath the site near a depth of 200 feet,

    21.  A-well reaching a deep artesian aquifer was constructed as part
of the original facility.  An Integral part of that well is its steel
casing.  The water produced by this well contains natural  chemical
compounds which may be destructive to metals such as the steel  well
                             •  ,
casing.  The well and construction materials are approximately 25 years
old.  The condition and Integrity of the casing and well head are
unknown.  The well head is situated in an underground structure (the
power house) which is connected by a series of tunnels, structures, and
access doors to                              .• underground structures
containing hazardous wasta.  The potential of a well casing failure
exists.  Such a failure could result in the release of a large volume of
water to the soil and to hazardous waste disposal units, which might
result in the release of hazardous waste by leachate production and
migration off-site by means of surface run-off or graundwater flow.  The
well presents a potential risk of unplanned sudden and non-sudden release
of hazardous waste or hazardous wasta constituents.

                              CIVIL PENALTY
    In view of the violations noted in the Findings of Fact above,
Complainant hereby assesses a civil penalty of ONE HUNDRED FIFTY THOUSAND
DOLLARS  [5150,000].
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE U of 25
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orm 080-183
2-3-76 DOJ
                              PET-KM INATION
    Based upon the above information, it is hereby determined pursuant to
Section 3013 of the Act that:
    1.   The        facility as described hereinabove, owned and operated
by the Respondent, is a facility at which hazardous wastes  are present
and at which hazardous wastes have been treated, stored, and disposed.
    2.   The methods and practices employed at the facility for treating,
storing, and disposing of hazardous wastes are such that the presence of
the hazardous wastes at the facility may present a substantial hazard to
human health or the environment.
    3.   The releases of hazardous wastes and/or hazardous waste
                                                                         *
constituents at the facility may have migrated to surface or
groundwater.  Several off-site wells on adjacent or nearby property exist
which could be or could become contaminated as a result of such
releases.  Therefore, the release of hazardous wastes at the facility may
present a substantial hazard to human health or the environment.

                             COMPLIANCE ORDER
    Based upon the foregoing and pursuant to Section 3008 of the Act, it
is hereby ordered that the Respondent take the following corrective
actions within the time periods specified:

    1.   Respondent shall upon its receipt of this Order initiate
telephone contact with all known generators and transporters af hazardous
waste who ship or transport hazardous waste to Respondent's
facility and advise each:
            FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
                                                             PAGE  12 of  25
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                      a.   to  immediately cease shipping any containerized  hazardous
                      waste or  bulk hazardous waste which contains free  liquids  to the
                             facility until further notice; and
                      b.   to  allow shipments of hazardous waste already  in transit to
                      the         facility to continue to the  facility; and
                      c.   that  any shipments of containerized hazardous  waste  or bulk
                      hazardous waste which contain free liquids will not  be acceotad
                      at the  facility if shipped after the telephone notice. •
                The  telephone  notifications shall be completed as soon  as possible
             but in any event all such  generators and transporters must  be so  notified
             within thres  (3) working days of Respondent's receipt of this Order.
                2.    Respondent  shall  follow the above telephone notification with
             written  confirmation to each such generator and  transporter and shall
             provide  a written  summary  to Complainant within  five (5) working  days of
             Respondent's  receipt of this Order, which includes:
                      a.   a copy  of each written notification (a single  copy of  the
                      notification will suffice if the taxt of all such  notifications
                      is identical).
                      b.   a list  of the companies to which the notification is sent,
                      Including company name, company EPA  ID  number, mailing  addrsss
                      of the  company, company contact, and company telephone numoer.
                      c.   a' record  of the dates the telephone contacts were made.
                3.   Respondent shall,  upon its receipt of this Order, immediately
             cease and thereafter desist from accepting at the facility  any
             containerized hazardous waste or bulk hazardous  waste which contains free
             liquid and which was shipped  from  any generator  after  the  aforementioned
             telephone notification  to  that generator.  In no event  shall  Respondent
^rm C30-1S3
•I-S-76 DO;
             FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 13 of 25
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arm 030-183
accept at tha-ftcility any containerized hazardous wasta or bulk
hazardous wasta which contains free liquids shipped Tatar than three (3)
working day? after Respondent's receipt of this Order; with respect to
hazardous wasta containing free liquid that is unknowingly accepted at
the facility, such wasta shall not remain on the facility for a period
longer than 24 hours.  This prohibition shall remain in effect until
Respondent has complied with Paragraph 4 below and further, until
Complainant by its Contact designated hereinbelow has notified the
Respondent, orally or in writing, that this prohibition has been removed.
    4.   Respondent shall immediately upon its receipt of this Order
implement procedures which assure that no container containing free
liquids is placed in a landfill.  These and/or alternative procedures
shall.be documented in writing and submitted to Complainant for review
and approval.  Until Complainant has advised the Respondent, orally or in
writing, that the procedures are approved, Respondent shall open and
inspect all containers of hazardous waste prior to placement in 'a
landfill and shall verify that no free liquids exist in any such
container.  Following Complainant's approval, orally or in writing,
Respondent shall immediately implement the- approved procedures.
    5.  Respondent shall remove from Trench    all liquids disposed
therein in violation of 40 CFR §255.214.  In order to acccmplish this,
Respondent shall continue to excavate, exhume, and examine, for liquids,
drums and/or containers disposed in Trench    at the        facility.
This activity shall continue until Complainant notifies Respondent in
writing that such activity may cease.  Respondent shall remove for
solidification drums containing free liquid in accordance with EPA
guidance and Complainant's on-site representative when such is present.
FINDINGS OF FACT,. DETERMINATION AND AGREED ORDER
PAGE 14 of 26
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    6.   Respondent shall within fifteen (15) working days of Its  rsceipt
of this Order create and maintain a current written record of the  total
Inventory of containers of hazardous waste in storage on-site.   This
inventory'shall include all containers which are or have been exhumed
frora the landfill and which contained free liquids when exhumed.
Respondent shall not allow the storage inventory of containers to  exceed
the design capacity of the facility which is currently defined by  the
Part A application on file with Complainant.
                             •                                      \
    7.   Respondent shall develop, Install, and put into operation
equipment and/or procedures to remove hazardous waste or hazardous waste
constituents from exterior surfaces of vehicles which leave the site.
Respondent shall, Within fifteen (15) working days of its receipt  of this
Order, submit to Complainant for approval a written plan and proposal for
this purpose, including a prcpcsed schedule for installation and
implementation.  This plan and proposal must assure that no"vehicle
leaving the facility is visibly contaminated with hazardous waste  and
must assure that any dirt, soil, or other material which has become
adhered to the exterior of the vehicle, is removed prior to leaving the
site.  The plan and proposal shall provide that all such materials
removed, including any washing solutions or wastewater, shall be treated
as hazardous waste unless it can be demonstrated otherwise.  Upon
approval of tJie plan by Complainant, Respondent shall immediately
implement the plan.
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 15 of 25
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  1         3.    Respondent  shall,  within  fifteen (IS)  working days  of  Its
  2     receipt of this  Order,  develop  a written plan and schedule  to  divert
  3     run-on  away frcm active portions of  the facility and to collect and
  4     manage, a"s hazardous  waste,  run-off  from active portions of  the facility
  5     in accordance  with 40 CFR  §255.302.   The plan and schedule  shall  be
  6     submitted to Complainant  for review  and approval.  The plan  and schedule
  7     as approved by Complainant  shall be  implemented by Respondent  immediately
  3    -upon receipt of  written approval by  Complainant.
                                     *
  9         9.    To the  extent  Respondent  has not already done so,  Respondent
 10   __ shall,  by   .               , attempt to enter Into arrangements or
 11     agreements with  local  authorities  such as police  and fire deparfcnents,
 12     emergency response teams,  contractors and equipment suppliers,  and  local
L13     hospitals, in  compliance with 40 CFR §255.37(a).   Where such arrangements
        or agreements  have not  been  reached  by                 ., Respondent
 15     shall  document the refusal  of such State, County, or other  local
 16     authorities to enter  into  such  arrangements,  in compliance with 40  CFR
 17     §263.37(b).
 18         10.  To the  extent  Respondent  has not already done so, Respondent
 79     shall,  within  fifteen (15) working days of its  receipt of this  Order,
  •0     maintain a written operating record  at the .       facility,  including
  1     records of the dates  of disposal and location and quantities of hazardous
  2     waste,  in compliance  with  40 CFR §2S5.73(b).
  3  I       11.  Respondent  shall, within  fifteen (15)  working days  of  its
  ;     receipt of this  Order,  cease and thereafter desist from the  storage of
  >     drums- of hazardous waste in  a manner which may  cause them to deteriorate
   >     and/or  leak, including  the closing of all  drums in storage  and  removal  of
        drums frcm storage on the  ground surface  and/or in areas  of  poor
        drainage,  in compliance with 40  CFR  §255.173.
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    12.  Respondent shall upon Us receipt of this Order implement
procedures to inspect daily all containers of hazardous wasta on-site.
Respondent shall further, within fifteen (15) working days of its receipt
of this Order, transfer any hazardous wasta contained in corroded,
deteriorated, leaking, or bulging drums, or drums not in-good condition,
Into sound drums in good condition or shall otherwise comply with 40 CFR
§255.171.  Thereafter, Respondent shall comply with 40 CFR §255.171.
    13.  To the extent Respondent has not already done so, Respondent
shall, within thirty (30) days of its receipt of this Order, equip its
       facility with a continuously operable and operating internal
communications or alarm system in compliance with 40 CFR §255.32(a) and
(b).
    14.  Respondent shall, within thirty (30) working days of its receipt
of this Order, prepare and sufc-it to Complainant a written plan and
schedule to maintain and operate Respondent's .:>._   facility so as to
minimize the  possibility of unplanned sudden or non-sudden releases of
hazardous waste to soil or surface water.  The plan shall provide for at
least  the following specific measures:
         a.   such measures as are necessary to eliminate the threat of
         failure of the well casing in 'the on-site artesian well.  The
         plan sh'all contain provisions  to permanently plug the well.  The
         plan/ as approved by  Complainant, shall be implementad
         immediately upon approval.
         b.   such measures as are necessary to minimize, contain, or
         prevent the release of  hazardous wasta to the  soil or surface
 FINDINGS  OF  FACT,  DETERMINATION  AND  AGREED  ORDER.
PAGE 17 of 25
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09O-183
* not
         watar. upon the failure of any container or tank.
         c.   such measures as are necessary to minimize, contain, or
         prevent:
              (1)  any release due to spillage during off-loading of
              hazardous waste Into the stabilization pond, and
              (2)  any release due to failure of the berm surrounding the
              stabilization pcnd during use and/or treatment of hazardous
              waste for stabilization or solidification.
                             •
    15.  Respondent shall Implement and comply with the groundwater
monitoring proposal and schedule submitted to Complainant in
correspondence dated                    Respondent shall also, within
seven (7) working days of its receipt of this Order, provide a written
response to Complainant^ letter of             '     which provided
consents on- the Respondent's proposal.  The written response shall
document the actions Respondent has taken or intends to taka with respect
to the fourteen (14) comments in Complainant's letter, except for item
twelve (12), which is covered under the Section 3013 Order, infra.
Additionally, Respondent shall include in the Part 8 application for the
       facility (due  -  .-             ) a plan and proposal, including
timeframes, for installation and implementation of a ground-water
monitoring system and program that fully complies  with 4Q CFR Parts 254
and 2S5, Subparts F.
    16.  Respondent shall immediately upon its receipt of this Order
provide access to  •• •    to employeas, acents, and contractors of
Complainant at all reasonable times, for the purposes of inspecting and
verifying the status of Respondent's compliance with this Order, .in
         FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
                                                             PAGE IS of 25
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arm C30-183
2-8-76 DOJ
accordancs with and pursuant to the authority of §2CC7 of the Act, 42


U.S.C. §6927.




 ORDER REQUIRING SUBMISSION AND IMPLEMENTATION OF PROPOSAL FOR SAMPIIMG,


                   ANALYSIS. MONITORING AND REPORTING


    Pursuant to Section 3013 of the Act [42 U.S.C. §6934], and In order


to ascertain the nature and extent of the hazard at the      facility as


described hereinabove, Respondent is hereby ordered to submit a written
                             *

proposal to" EPA for the sampling, analysis, monitoring and reporting of


the hazardous wastes and hazardous waste constituents that are present at


or that may have been released from the facility, and is hereby ordered


to implement, such proposal, once approved by EPA.  Such written proposal


shall contain, but is not limited to, the following:


    1.  A determination of whether hazardous waste cr hazardous waste


constituents have leaked or are leaking from the


underground structures.  This shall include a plan and timetable for the


installation of a groundwatar monitoring program, including


recommendations as to locations, depth, and construction thereof,


designed to monitor groundwater elevation and water quality.


    2.  A sampling and analysis plan for groundwater at or near the


          underground structures containing wasta which describes


frequency of sampling, and procedures and quality assurance measures for


sampling and analyzing for hazardous waste and hazardous waste


constituents.  The plan shall provide that gVoundwater be sampled and


analyzed at least quarterly for one year.  The plan shall also provice
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 19 of 25
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=orm 030-183
:-8-7S DOJ
for analysis-of all priority pollutants contained in Appendix VIII of 40
             •
CFR Part 261 for at least two of the sampling periods.
    3.  A proposal, Including timeframes, for determining the chemical
composition of the contents of any container which has been exhumed frcm
•-" «•   and which contained frse liquid at the time of exhumation.  Such
determination shall include, as a minimum, sampling and analysis of a
representative number of such containers.  Such proposal shall be
sufficient to determine whether Respondent's records and record-keeping
procedures accurately reflect drum contents and the chemical composition
of liquid hazardous wastes disposed by Respondent.  Nothing in this
paragraph shall limit the exhumation, processing, and disposal activities
required by this Order prior to approval and implementation of this
proposal.
    4.  A proposal, including timeframes, for determining the extent of
any hazard presented by hazardous waste or hazardous waste constituents
that have leaked or otherwise been released to the environment from
tanks, containers, vehicles, or other containment devices, or that have
otherwise orginated from active treatment, storage, or disposal units at
the site.  This proposal shall specifically include sampling of soils,
both on and off-site (assuming access can be obtained), sufficient to
document the extent of contamination by hazardous wasta or hazardous
waste constituents that may have resulted from past events, including:
         a.  rainfall and resulting run-on and run-off;
         b.  liquid wasta solidification activities;
         c.  waste transfer between process units at the facility;
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
                                                                          PAGE 20 of 25
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         d.  vehicle entry, vehicle unloading, and vehicle exit from the
             «


         facility;



         e.  other on-site waste management practices including,



         Inter, alia, container storage, tank storage, treatment, and



         disposal of hazardous waste^.              r



    5.  A provision for site access for employees, agents, and



contractors of Complainant at all reasonable times for purposes of



Inspecting and verifying compliance with the approved proposal in
                             *


accordance with and pursuant to the authority of §3007 of the Act, 42



U.S.C. §6927.



    6.  A description of the means of implementation of the items set



forth above, a proposal for reporting to EPA on the progress of these



items, and for reporting the results of the sampling, analysis and



monitoring program.






                          OPPORTUNITY TO CONFER



    Under the provisions of the Act, Respondent may confer with EPA at



any time prior to submittal of the §3013 proposal.  The proposal


submitted by Respondent shall be subject to review, modification and



approval by EPA.  After submittal of the proposal, Respondent shall be



afforded an opportunity to ccnfar with EPA on a date specified by EPA to



discuss the terms of the proposal.  Following this conference and after



review, modification (if any), and approval of the proposal by EPA,



Respondent shal'l forthwith conduct, carry out and  implement the sampling,



analysis, monitoring and reporting program according to its approved



terms and  schedules.
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 21 of 25
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arm 03O-183
2-8-76 OOJ
                                 CONTACT

    The written proposal ordered herein must be submitted by Respondent

to                        at the address listed above, within thirty  (30)

days of Respondent's receipt of this Order,  Submittals required  by the

Section 3008 Compliance Order, supra, as well as any questions, shall

likewise be addressed to



                                LIABILITY
                             •  ^^™*^™™*^^^™^™"

    If EPA determines that Respondent is not able to conduct the

activities required by this §3013 Order in a satisfactory manner,  is not

able to conduct the activities contained in the approved proposal,  or  1f
                                                                         4l

actions carried cut are deemed unsatisfactory, then EPA may conduct such

actions deerr.ed reasonable by EPA to ascertain the nature and extent of

the hazard at the facility.  Respondent may then ba ordered to reimburse

EPA for the costs of such activity pursuant to §3013(d) of the Act.   In

the event Respondent fails to comply with the terms and provisions  of

this §3013 order, EPA may commence a civil action to require compliance

with such order and to assess a civil penalty of not to exceed 53000 for

each day during which such failure or refusal occurs.



                                 CONSENT

    1.  In connection with this matter, the Responcent consents to  the

followi ng:

         a.  To pay the assessed civil penalty of 5150,000, on the  terms

         described below.
            FINDINGS OF FACT,. DETERMINATION  AND AGREED ORDER
                                                              PAGE 22 of 25
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         b.  To comply 1n full with the Compliance Order issued pursuant
         to Section 3008 of the Act.
         c.  To comply in full with the Order Requiring Submission and
         "Implementation of Proposal for Sampling, Analysis, Monitoring
         and Reporti ng.                            >•
    2.  The consant of both Respondent and Complainant to settle this
matter on the terms and conditions set forth in the penalty assessrr-ent
and order provisions of this document (hereafter collectively referred to
as the "Order") is based upon the following:

         a.   Respondent neither admits nor denies any factual or legal
         allegations contained in this Order.  Nevertheless, in full and
         complete settlement of this matter, Respondent agrees to be
         bound by the terms of this Order, consents to the assessment of
         the civil penalty set forth herein, and explicitly waives its
         right to request a hearing regarding any provision of this Order.
         b.  The provisions of this Order imposing duties (other than the
         payment of penalties) upon Respondent shall apply to and be
         binding upon not only Respondent, but also its officers, agents,
         servants and employees, and upon all those in active concert or
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGt 23 of 25
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=orm 030-183
•2-3-76 DO!
participation with them who receive actual notice of this Order
by personal service or otherwise.
c.  It is the intention of this Order to bring Respondent and
all operations at the facility in compliance with the provisions
of RCRA and applicable RCRA regulations.  It is not
Complainant's intention by this Order to impose standards or
conditions more stringent than those specified in the
aforementioned provisions except to the extant that it may be
necessary to remedy existing alleged violations at the facility.
d.  This Order shall in no way relieve the Respondent of its
obligation to comply with any other local, State or Federal law^
in any way related to the substance oi this Order.
e.  This Order is not and shall not be interpreted to be a
permit for treatment, storage or disposal of hazardous waste
under Section 3005 of RCRA (or under the terms of a State
program operating in lieu of the Federal program under Section
3006 of RCRA), nor shall this Order in any way affect the
Respondent's obligation, if any, to secure such a permit, nor
shall this Order be interpreted in any way to affect or waive
any of the conditions or requirements that may be validly
imposed as conditions for the issuance of such permit nor of
Respondent's right to appeal any conditions of such permit.
f.  This Order is being entered into between Complainant and
Respondent in full settlement of all civil penalties for the
                                                          •
alleged violations identified herein.  Nothing in this Order
             FINDINGS  OF  FACT,  DETERMINATION  AND AGREED  ORDER
                                                    PAGE 24 of 25
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         shall  restrict  the  right  of  Complainant  to  initiate further


         enforcement  action  for  penalties  or  otherwise  only in  the  event


         additional  facts  are  uncovered which are unknown to Complainant


         at  the  time  this  Order  is entered and which justify such  action.


         g.   Notwithstanding compliance with  the  terms  of this-Order,


         Respondent  is not released from liability,  if  any, for abatement


         of  any  imminent and substantial endangerment to the public


         health,  welfare or  the  environment posed by this facility.
                            *

         h.   Within  SO days  of the date hereof, Respondent shall  pay  by


         cashier's or certified  check,  a civil penalty  in the amount  of


         $150,000.00  in  full and complete settlement of all violations


         alleged  herein.  Such check  shall be payable to the Treasurer,


         United  States of  America, and  shall  be remitted to


                          ,  Regional  Administrator.


         i.   Complainant shall expeditiously  review  all plans and


         proposals submitted pursuant hereto  and  shall  not unreasonably


         withhold its approval.

         j.   The terms of  the  Order may be modified  by written mutual

         agreement of the  parties.

         k.   This Order  shall  terminate two years from the date it is

         entered or.on  the date of issuance of the Part 3 permit,

         whichever  is earlier.
FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 25 of 25
arm 030-183
7JJ.7R nor
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C30-133
    3.  By the*following signatures,  the Complainant  and  Respondent

hereby consent to the entry of the Order on the  taras and conditions

herein stated:
DATED-
                                       flesponaent
                                       Secretary
CATED:
                                                     ,  Regional  Counsel
                                       EPA, Region
                                       Attorney for Complainant
                                       Assistant Regional Counsel
                                       EPA, Region
                                       Attorney for Complainant
                        EHTSY OF FINAL CONSENT ORDER

It is so Ordered as set forth above.  This ORDER,  including each and every
portion hereof, shall  become effective immediately.
                                            Regional Administrator
                                            EPA, Region 10
DATED this

FINDINGS OF FACT, DETERMINATION AND AGREED ORDER
PAGE 25 of 25
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           MODIFICATION OF AGREED ORDER  .
           EHTSRED INTO !..           "      3ETWEEN ENVIRONMENTAL
           PROTECTION AGENCY REGION    AND
         Upon the mutual agreement of the parties to the above-refsrenced
Agreed Order as evidenced by the signatures below, and pursuant  to  Paragraph
2.J. of the "CONSENT" section thereof (p. 2S of 26)>_ the Agreed  Order  is
hereby modified as follows:
         1.   Page 13 of the Agreed Order shall be amended  as follows:
              a.   On line 11 thereof, omit "three (3)", and insert  "ten  (10)"
              in place thereof;
              b.   On line 14 thereof, omit "five (5)", and insert  "twelve
              (12)" in place thereof.
         2.   Page 14 of the Agreed Order sha'll be amended  as follows:   On
line 2 thereof, omit "three (3)", and insert "ten (10)" in  place thereof.
         3.   Noncompliance with Paragraph 4 on Page l.^of  the Agreed  Order
prior to                 ' shall, in the sole discretion of  the Complainant by
its Contact designated on Page 22 of the Agreed Order, and  without  further
notice- or opportunity for a hearing, effect a  further unilateral modification
of  any of the three provisions modified above, but such modification shall
maintain the existing date relationship of Paragraphs 1,  2  and 3 on Pages
12-14'of the Agreed Ords-r-cf ,
   DATE
                              for  invironrr-antat  Protection Agency Region
                      ENTRY  OF  ORDER  AMENDING AGREED  ORDER
 IT  IS  SO ORDERED.
                                             Regional  Administrator
 MODIFICATION OF AGREED ORDER - Page 1  of 1
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« Q3O-183
•76 DOJ
                                                           APPENDIX C
                BEFORE  THE UNITED STATES
             ENVIRONMENTAL PROTECTION AGENC?
IN THE MATTER OF:
                                        RCRA Docket
                                                  ORDER
                 Respondents.

Proceedings under  §3013  of  the
Resource Conservation  and
Recoverv Act, 42 (J.S .C.  6934
                 ORDER FOR REIMBURSEMENT OF

           MONITORING,  TESTING.  AND ANALYSIS COSTS

     This Order  is  issued  pursuant  to Section 3013(d) of  the Resourcs

Conservation and Recovery  Act  [42 U.S.C.6934 (d), hereinafter

referred to as "the Act"],  by  the undersigned,  the Assistant

Administrator for the  Office of  Solid Wasts and Emergency Response,

a duly authorized designee  of  the Administrator of the United states

Environmental Protection Agency  (EPA), to

                                                       Respondents.
       ORDER -  Page  1 of 7
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                               NS AN'D LIMPINGS  0"  "ACT
     The undersigned makes  the following determinations  and  findings



of fact:





     1.   The                  '   Facility  [hereinafter  referred  to



as, "the Facility"] is located at                         , near the



junction of             Road                  Street  in         .  The



Facility is owned and operated by



     2.                        is managing  owner,  operator and



Chairman of the Board of Directors of                     Company,  Inc.



     3.                        was, until           ,  the President of







     4.                        and                       each  have



personally participated in  each and every operation  conducted at



the Facility.  Together they exercise or have exercised  control



over all activities occurring at the Facility.







hereinafter referred to as  "Respondents".



     5,   The EPA Administrator determined, on or  before August   ,



198 , that the presence of  hazardous waste  at the  Western Processing



facility and the release of hazardous waste from the  facility may  be



presenting a substantial hazard to human health or the environment



and that determination required monitoring, sampling,  analysis  and



reporting.  The basis for that determination  is documented in an



Order issued to Respondents signed by        Administrator



        ~ on August   , 198, •, pursuant to the authority  of







ORDER - Page 2 of 7
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 Section 3013 of the Act.

      6.   The S3013 Order was served on  the  Respondents  on

 August 17, 1932.

      7.   The §3013 Order required the Respondents  to  sucmit to EPA a

 proposal for monitoring, testing, analysis,  and  reporting  of hazardous

 waste and hazardous waste constituents that  are  present  at or that

 have been released from the facility, and  to  implement such proposal,

 once approved by EPA.  The Respondents were  required to  submit the

 proposal to EPA within thirty (30) days  of receipt  of  the  Order.

      8.   Notwithstanding such Order, Respondents failed to submit any

 proposal and on September   , 198 , notified  EPA that  the  Respondents

 were unable to develop the proposal and  to implement monitoring,  tast-

 ing, analysis, and reporting.

      9.   Based upon the Respondents' failure to sucrr.it  the required

 proposal and the notification by the Respondents of their,  inability to

 develop the proposal and implement the required  investigation,  the

 Assistant Administrator for the Office of Solid Waste  and  Emergency

 Response determined that no owner or operator was able to  conduct the

 required monitoring, testing, analysis,  and reporting  .

     10.  Accordingly, and pursuant to the authority contained  in

 §3013(d)  of the Act, the Assistant Administrator for the Office of

 Solid Waste and Emergency Response,  acting through  the Regional

 Administrator of Region 10 EPA,  undertook to conduct monitoring,

 sampling, and analysis of the site to ascertain the nature and

 extent of the hazard associated with the site.  Such activity  was

 initiated on September   , 1981.



(ORDER - Page 3 of 7
m O3D-1S3
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     11.   Monitoring, testing, and analysis  conducted  through



November   , 198  , have resulted in expenditures  of  funds  in  the



sum of $134,450.  This sum has been expended  for  conducting monitoring,



testing, and analysis on or in the vicinity of  the Western Processing



site deemed necessary and reasonable to ascertain the  extent  of  the



hazard associated with the site.



     12.  The 5134,450 has been expended as follows:



Prime Contractor  Personnel Costs.



      Field Invesigation Team     1,953 hrs   9  $35.00
      Technical^Assistance Team     395 hrs     35.00




          Prime Contractor Total



Sub-Contractor Costs




      South Seattle Asphalt                    51467.98



      RJB Wholesale                             2729.27



      TUB Wholesale                              513.32



      Sanikan                                    209.34



      National Barricade                         463.77



      Rental Mart-submersible pump               332.23



      Analytical Services Center (Buffalo)      2400.00



      Burns Security                            1542.30



      Brooks Truck Line-forkli f t, flatbed        339.99



      Story and Dodge (well driller)           20444.50



      Crosby and Overton- barrel storage         360.00




      City of Kent - Water                         45.00



           Sub-Contractor Total
ORDER - Page 4 of 7
$68,530-.00




 13,825.00



 $32,355.00
                                                            530,353.25
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i OBD-183
76 DOJ
Equipment and Supplies

     Sears- fencing  gate                           S  324.39

     Sears- come-along hand  wrench                    85.18

     Burdic Feed and Hardware -'wire stretcher         56.90

     N.W. Stationers - stencil and paint-  for drums     68.05

     Cascade Bag - sample  bags         .               79.32

     Seattle Barrel Company                         1427.10

     Lone Star Industries                 .            223,66

     Glacier Sand and Gravel                          275.84

     J.C. Penny's - lantern                            45.78

     MSA - supplies, cartridges, respirator           896.53
     supplies

     check valve, hydrant wrench                       35.52

     pipe without gasket                              152.61

     drive caps                                        46.86

     disposable gloves                                114.60

     diesel, gas, ice, small  equipment               156.59

     personal mileage, supplies, maintenance          172.35

     film development and purchase                     54.00

     Seattle Skin Diving - refill air bottles          38.07

     Andrews Machinery - pressure release  valve        17.34

     Sears paint for drums                             28.46

     Label Master Labels                               27.96

             Equipment and Supplies Total                   S4323.ll
       ORDER - Page 5 of 7
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Car Rental



     3 vehicles 3 55.10 per day  ( 157 days)



     1 vehicle  2  5.50 per day  ( 5 days)



     Mileage



     Gasoline



           Car Rental Total
                                                   S 957.70




                                                      32.50




                                                     391 .00




                                                     645 .00
                                                           S 2525.20
Analytical Support  (Laboratory)  (includes  10%  Mgrnt.  overhead)
     Soil samples -  inorganics



                  -  organics



     Water samples - inorganics



                  -  organics



     Special services



                high hazard samples  1 9  5398



                Filter samples     35 ?     8



                % moisture         124 §     S



                   Analytical Support total



      Sample Transportation and Packaging



             Grand Total to November 29,  1982
                                  122 samples 95 93   311,346.00



                                  124 samples §5 305    37,820.00



                                   25 samples 9   93     2,325.00



                                   25 samples 9  305     7,625.00
                                                      393.00



                                                      230 .00




                                                      620.00




                                                          5  60,414.00



                                                   3,963.58
                                                           $  134,450.24
The above sum covers only activities which were  carried  out under



contract to EPA.  Activities carried out by  EPA  personnel  ars not



included in the above sum.



                            ORDER






      Based upon the determinations and findings  of  fact aoove,  the



Respondents ars hereby ordered to pay 3. sum  of ONE HUNDRED EIGHTY FOUR




THOUSAND FOUR HUNDRED FIFTY dollars (5134,450) to reimburse the  United






ORDER - Page 6 Of 7
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i CSO.183
•76 DOJ
States  for  incurred  costs  or  the  monitoring,  tasting and analysis

conducted through November   ,  198  .   This sun shall be paid within

15 days of  the data  of  this Order by  a certified check payable to

"Treasurer, United states  of  America."  This  payment must be remitted

to the  contact person sit the  address  below.

      Failure to comply with  the  tsrms of  this Order may subject

Respondents to a civil action by  EPA  for assessment of a penalty of

an amount not to exceed S  5,000.00  for each day of such failure to

comply.

             The contact person shall be:
Witness my hand as Assistant Administrator  for  the  Office of Solid

Waste and Emergency Response pursuant  to  the Authority of the

Administrator of the United States Environmental  Protection Agecy.
Dated this
day of ,_
,  198.'
ORDER - Page 7 of 7
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Regional Counsels,  Regions  1-X
Regional Administrators,  Regions  I-X
Hazardous Waste Coordinators, Regions  I-X
RCRA Branch Chiefs,  Regions I-X1
-------
    FINAL REVISED GUIDANCE MEMORANDUM ON THE



    USE AND ISSUANCE OF ADMINISTRATIVE ORDERS



UNDER SECTION 7003 OF THE RESOURCE CONSERVATION



            AND RECOVERY ACT (RCRA)
               September 26,  1984
-------
                       TABLE OF CONTENTS


I.    INTRODUCTION  	  1

II.   SCOPE OF RCRA §7003  	  2

      A. Evidence 	  2
      B. What Constitutes Handling,  Storage,
           Treatment or Disposal 	  3
      C. Necessity of Existence of Imminent and
           Substantial Endangennent 	  3
      D. Persons to Whom an Order May be Issued	  5
      E. Notice to Affected States	6

III.   SELECTING ENFORCEMENT OPTION 	  6

      A. Administrative Order or Civil Referral  	  7

      B. Use of RCRA or CERCLA 	  7

      C. Deciding to Use a §7003 Order	  9

         1. Respondent's Financial Status	  9
         2. Number of Respondents Subject to  the Order..  10

             i) Coordination of Response Action	  10
            ii) Supervision 	  11
         3. Specificity of the Necessary Response
              Action 	  11

IV.   ELEMENTS OF AN ORDER 	  12

V.    CONFERENCE PROCEDURES 	  14

VI.   MODIFICATION, REVOCATION, OR STAY OF THE ORDER	  15

VII.   NEGOTIATION OF ADMINISTRATIVE ORDERS 	  15
VIII.  DELEGATIONS OF AUTHORITY 	  16

APPENDIX.  STATE NOTIFICATION LETTER 	  17
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I . INTRODUCTION

     RCRA1s administrative enforcement authority is an
important component of the Agency's overall hazardous waste
enforcement program.  The effectiveness of EPA's enforcement
program will be demonstrated as respondents implement site
remedies  in compliance with administrative orders,  the Agency
pursues enforcement actions vigorously against respondents
who fail  to comply with such orders,  and the Agency defends
aggressively judicial challenges to orders.

     Section 7003 of the Resource Conservation and  Recovery
Act (RCRA) provides EPA with a broad and powerful enforcement
tool that may be used to abate imminent hazards that are caused
by the handling, storage, treatment,  transportation or disposal
of solid waste or hazardous waste.   Under §7003, the Adminis-
trator may seek injunctive relief in the appropriate United
States District Court or, after notice to the affected State,
take appropriate action "including, but not limited to,  issuing
such orders as may be necessary to  protect public health or the
environment."

     The §7003 administrative order authority provides strong
incentives for respondents to expeditiously undertake response
actions deemed necessary by EPA to  ensure protection to  public
health or the environment.  Therefore, the Regions  are urged to
consider the use of unilateral RCRA §7003 orders in appropriate
cases wherever it is necessary to compel response action.  It
is essential that the RCRA enforcement program combines  both
administrative and judi/cial enforcement authorities to ensure
protection of health and the environment frci* the improper
handling of hazardous waste.

     The following guidance has been prepared to assist the
Regional offices in developing and  issuing administrative
orders pursuant to §7003.  It supersedes the earlier Agency
guidance issued on September 11,  1981, by Douglas MacMillan,
Acting Director, Office of Waste Programs Enforcement, entitled
"Issuance of Administrative Orders  Under §7003 of the Resource
Conservation and Recovery Act."

     Since §7003 is similar in scope to §106 of the
Comprehensive Environmental Response,  Compensation,  and
Liability Act,  the reader should consult the guidance
issued on September 8,  1983, entitled "Guidance Memorandum on
Use or Issuance of Administrative Orders Under §106(a) of
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                             - 2 -
CERCLA."  A fuller treatment of the following areas, common to
both 7003 and 106, is found in the (1983) 106 Guidance:
Necessity for Determination Based on Evidence; Necessity for
Actual or Threatened Release;  Necessity that Release or Threat
of Release be from a facility (applicable in the case of joint
7003 & 106 orders); and Necessity for Existence of Imminent
and Substantial Endangerment.   Where joint orders under §§7003
and 106 are issued, the Region's should adhere to the require-
ments set out in both guidance memoranda.  The reader should
also consult the CERCLA §106 guidance, "Issuance of Administra-
tive Orders for Immediate Removal Actions" (Lee Thomas, OSWER,
February 21, 1984).

     It should be noted that the reauthorization of RCRA by
Congress may affect some aspects of §7003, regarding the
participation of the public in the settlement of administrative
orders and liability for past activities.  If RCRA is amended,
supplemental guidance will be provided as appropriate.

11. SCOPE OF RCRA §7003 ^J

     In order to issue a §7003 order, the Administrator must
possess evidence "that the handling, storage, treatment, trans-
portation or disposal of any solid waste or hazardous waste
may present an imminent and substantial endangennent to health
or the environment" (42 U.S.C. §6973).  Additionally, §7003
requires that the Administrator provide notice to the affected
State prior to issuance of the order.  Each of these require-
ments is discussed in further detail below.

     A. Evidence

     Because the recipient of a §7003 order may seek
administrative or judicial review of the order, the Region
must have all the evidence necessary to demonstrate that the
^/     Note: the terms "hazardous waste" and "solid waste"
       in RCRA §7003 refer to the statutory definitions,
       §§1004(5) and 1004(27), of RCRA and not to the regulatory
provisions promulgated pursuant to §3001 and codified at 40 CFR
Part 261.  These regulatory provisions are meant for application
only in the Subtitle C regulatory program.  As long as a waste
meets the §1004 definition of solid or hazardous waste, it need
not be listed in Part 261 or satisfy one of the characteristics
specified in Part 261.
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                             - 3 -


statutory criteria have been satisfied at the time the order
is issued.  The evidence must establish that the respondent
has handled, treated, stored, transported or disposed of a
solid or hazardous waste, and that such activity has resulted
in a condition that may present an imminent and substantial
endingerment to health or the environment.  Necessary evidence
may be documentary, testimonial, or physical and may be
obtained from a variety of sources including inspections,
investigations, or requests for production of documents or
other data pursuant to RCRA §§3007, 3013 or CERCLA §104.  The
evidence must be sufficiently probative and reliable to
enable a reasonable person to conclude that issuance of an
order is appropriate.  For example, an unsubstantiated citizen's
complaint would normally not be sufficient to justify issuance
of an order.  If that complaint were supported by corroborating
evidence, however, such as laboratory analyses, the complaint
and corroboration could normally be considered a sufficient
basis for issuance of the order.

     B.  What Constitutes Handling, Storage, Treatment,
Transportation or Disposal.

     It is undisputed that §7003 may be utilized to enjoin
present conduct.  Thus, persons who are presently handling,
storing, treating, transporting or disposing of solid or
hazardous wastes are potential recipients of a §7003 order.
Whether §7003 may be used to abate present imminent hazards
caused by past disposal practices is an issue that has been
litigated repeatedly.  The Agency has consistently maintained
that §7003 applies to su^h past disposal.  Although there has
been some disagreement by courts considering this question,
the prevailing view as expressed in U.S. v. Waste Industries,
etal., No. 83-1320 (4th Cir.,  May 8, 1984) clearly supports
the Agency's position.  Thus, Regional Offices should consider
the issuance of §7003 orders at presently inactive facilities,
provided such issuance is consistent with this guidance.

     C.  Necessity for Existence of Imminent and Substantial
         Endangerment.

     Evidence possessed to support the issuance of a RCRA
§7003 order must show that the "handling, storage, treatment,
transportation or disposal of any solid or hazardous waste may
present an imminent and substantial endangerment to health or
the environment."  The words "may present" indicate that
Congress established a standard of proof that does not require
a certainty.  The evidence need not demonstrate that an immi-
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                             - 4 -
nent and substantial endangerment to public health or the
environment definitely exists.  Instead, an order may be issued
'if there is sound reason to believe that such an endangerment
may exist.

     Evidence of actual harm is not required.  As the Court
stated in Ethyl Corp. v. EPA, construing an endangerment
provision in the Clean Air Act:

          The meaning of "endanger" is not disputed.
          Case law and dictionary definition agree that
          endanger means something less than actual harm.
          When one is endangered, harm is threatened;  no
          actual injury need ever occur.  541 F.2d 1 at
          13, footnotes omitted, original emphasis, D.C.
          Cir., cert, denied 426 U.S. 941 (1976).

     It should also be noted that while the risk of harm must
be imminent in order for the Agency to act under §7003, the
harm itself need not be.  (See the legislative history to the
"imminent and substantial endangerment" provision of §1431 of
the Safe Drinking Water Act, H. Rpt. 93-1185 at 3536.)  For
example, EPA could act if there exists a likelihood that
contaminants might be introduced into a water supply which
could cause damage after a period of latency.  One must judge
the risk or likelihood of the harm by examining the factual
circumstances, including, but not limited to:  1) nature and
amount of the hazardous substance; 2) the potential for
exposure of humans or the environment to the substance; and
3) the known, or suspectefd effect of the substance on humans
or that part of the environment subject to exposure to the
substance.

     Legal analyses of the concept of imminent and substantial
endangerment can also be found in Reserve Mining Co. v. EPA,
546 F.2d 492 (8th Cir. 1975); U.S. v. Vertac Chemical Co., et
al.. 489 F.Supp. 870 (E.D. Ark. 1980); U.S. v. Solvents
Recovery Service. 496 F.Supp. 1127 (D. Conn. 1980); UTS, v.
Midwest Solvent~Recovery, 484 F.Supp. 138 (N.D. Ind. 1980);
U.S. v. Diamond Shamrock Corp., 17 E.R. 1329, (N.D. Ohio
T9~8T); U.S. v. Price. 688 F.2d 204 (3rd Cir. 1982); and, U.S.
v. Reilly Tar and Chemical Corp., 546 F.Supp. 1100 (D. Minn.
19827:

     The nature of the endangerment and the basis for the
finding of an imminent and substantial endangerment must be set
forth in the order.  If sampling and analysis data are being
relied upon, a summary of such data should ordinarily be set
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                             - 5 -


forth in the order.  At any rate, all evidence supporting the
finding'of any imminent and substantial endangerment in the
order must be compiled into a single, concise document consti-
tuting the endangerment assessment.  [An Endangerment Assessment
Guidance is presently being prepared by the Office of Solid
Waste and Emergency Response.]

     D.  Persons to Whom an Order May be Issued.

     Section 7003 provides that an order may be issued to "any
person" who contributed to conduct or lack of conduct that may
present an imminent hazard.  The terra encompasses, if applicable,
the present owners and operators of a site, including an inactive
site.  Similarly, the term includes persons whose ongoing
conduct may result in the risk of an imminent hazard.  Whether
previous owners of a site or past non-negligent off-site
generators are also covered by §7003 is an issue that has
received much judicial attention.

     Although the case law is unsettled, two courts have upheld
EPA's position that previous owners of a site may be held
liable under §7003.  U.S. v. Price. 688 F.2d 204; U.S. v.
Reilly Tar and Chemical Co., 546 F. Supp. 1100.  Thus, if
otherwise appropriate, Regions should consider issuing §7003
orders to previous owners of a site, even an inactive one, in
cases where the previous owner's conduct may have caused or
contributed to conditions at the site which may present an
imminent hazard and substantial endangerment.

     To date, the courts have been unwilling to include past,
non-negligent, off-site generators within the scope of §7003.
See.  U.S. v. Wade. 546 F. Supp. 785 (E.D. Pa., 1982); U.S. v.
NEPACCO. 579 F. Supp. 823 (W.D. Mo., 1984) [U.S. filed cross-
appeal June 29, 1984; decision pending].  It is recommended,
therefore, that the Regional Offices utilize CERCLA §106 to
order such generators to perform necessary cleanup work.  While
an early decision was unfavorable, the majority and all recent
decisions have held that §106 does apply: U.S. v. Wade, 546 F.
Supp. 785 [held §106 is not applicable to past, non-negligent
generators]; U.S. v. Price. 577 F. Supp. 1103 (D. N.J., 1983)
[held §106 does apply to past, non-negligent generators]; U.S.
v. NEPACCO. 579 F. Supp. 823 [held §106 does apply to past,
non-negligent generators]; U.S. v. Conservation Chemical Company,
No. 82-0983-CV-W-5, Order (W.D. Mo., Feb. 3, 1984) [held §106
does apply to past, non-negligent generators]; and U.S. v.
A&F Materials, et al. . No. 83-3123 (S.D. 111., Jan.  2~0~, 1984)
[held §106 does apply to past, non-negligent generators].  The
Agency's position is that §106 does apply to past, non-negligent,
off-site generators.
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                             - 6 -


     E.  Notice to Affected States

     Finally, before an Order may be issued,  the "affected
state" must be given notice of the Agency's intention to issue
the Order.

     The Agency is not held to a statutory period of time for
notice.  Normally, written notification to the state should
precede federal action by at least one week.   Circumstances
may arise, however, where a more rapid response at a site is
necessary.  In such cases,  issuance of an order may follow an
abbreviated notice period or even a telephone call made by EPA
to the director of the agency responsible for environmental
protection in the affected state.  Written confirmation must
follow such telephone notice.  In some cases,  the draft order
may be subject to a State's Freedom of Information Act prior to
issuance of the order by EPA.  If this situation arises, the
Agency may delay notice to the affected state(s) until (no
later than) one week before issuance of the final order.
11 is unlikely that a state FOIA request would result in early
disclosure of the draft order during that short period of
time.

     As indicated above,  the notification should be directed to
the director of the state agency having jurisdiction over
hazardous waste matters.   A suggested form for a notification
letter is attached to this memorandum as the Appendix.  This
form also provides the format for oral notice.
                       r
     An "affected state"  is -a state in which the conduct or
condition which may present an imminent and substantial
endangerment is occurring or is located,  and in which the
response activity required by the proposed order will be taken.
In some cases, this may involve more than one state, such as
where a facility is located near the border of a state and the
hazardous wastes have migrated from the facility into another
state(s).  In those cases,  all of the states in which the
hazardous wastes are found and in which response activity may
be performed pursuant to  the order should be notified.  (Note:
Consult the following guidance for more information on the
State/Federal relationship: "Implementing the State/Federal
Relationship in Enforcement:  State/Federal Enforcement
Agreements", OECM, June 6,  1984.)

III.  SELECTING ENFORCEMENT OPTION

     Although §7003 administrative orders are a potent
enforcement tool, there will be instances when it will be more
appropriate for the Agency to use other enforcement options,
including a RCRA §7003 judicial action, a CERCLA §106 adminis-
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                             - 7 -


 trative or  judicial  action, or a Superfund financed cleanup of
 a  hazardous  waste  site.  The Regions should examine each of
'these options  and  select the option which will result in the
 most efficient use of  limited enforcement resources and
 Superfund monies while  still quickly abating the threat.
 (See also,  the memorandum on "Issuance of Administrative Orders
 for Immediate  Removal Action", supra, for additional guidance
 on selecting enforcement options.) •

     A. Administrative  Order or Civil Referral

     Initially, the Agency must determine whether it is more
 appropriate  to  use administrative or judicial enforcement
 action; each has definite advantages and drawbacks.  An admin-
 istrative order has  the benefit of being'a relatively speedy
 method of enforcement.  The Agency can issue an order that
 establishes  a  timetable for compliance,  unilaterally or on
 consent, in  a  short period of time.  A judicial action,  on the
 other hand,  is  usually  a more time-consuming process.  The
 referral of  a  case to  the Department of  Justice and filing of
 a  complaint  may delay  the initiation of  remedial activities.
 Even though  a  judicial  action can be time-consuming, any
 resulting judicial order or consent decree can be more quickly
 enforced in  the event of noncompliance since the Court already
 has jurisdiction of  the matte_r, and an additional referral
 to DOJ generally is not needed.

     Because AO's  can be issued quickly,  the general rule is
 that an administrative order,  whether issued unilaterally or
 on consent,  is  appropriate absent some indication that the
 respondent will not comply with its terms.  Where noncompliance
 is anticipated, Regions should.prepare a civil referral.
 Should immediate remedial action be necessary,  EPA should
 consider requesting a preliminary injunction or temporary
 restraining  order.

      B. Use of RCRA or CERCLA

     Once a  decision has been made to proceed administratively,
 the Region must then decide whether an order under RCRA §7003
 or CERCLA §106  is more  appropriate.  Upon examination,  both
 statutory provisions appear quite similar.  When faced with
 the need to  abate an imminent hazard, the Agency can often use
 a joint order  if the RCRA "hazardous waste" is also a CERCLA
 "hazardous substance."  [Consult the CERCLA §106 (1983)  guidance
 for a discussion of the issuance of joint orders.]
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                              -  8  -
      There  are  three  situations  where  a joint order is  not
.available,  more specifically,  where  a  RCRA §7003  order  can be
 used  but a  CERCLA §106  order cannot.

      The first  situation would result  when the imminent hazard
 is  caused by a  RCRA "solid  waste"  but  not a "hazardous  waste."
 RCRA  §7003  orders can be used  to  abate imminent hazards pre-
 sented  by "solid wastes" (RCRA §1004(27)) as well as  "hazardous
 wastes"  (RCRA §1004(5)). By contrast,  CERCLA §106  orders  are
 limited  to  abating imminent hazards  presented by  "hazardous
 substances" (CERCLA §101(14),  CERCLA §101(14)(c)  defines
 "hazardous  substances"  as including  "hazardous wastes"  under
 RCRA  §3001,  but not RCRA "solid  wastes" under §1004(27).
 Therefore,  when an imminent hazard is  caused by a RCRA  "solid
 waste",  which is not  a RCRA "hazardous wastes" (or CERCLA
 hazardous substance)  RCRA §7003  orders can be issued, whereas
 CERCLA  §106 orders cannot.

      The second situation would  result when a waste meets  the
 definition  of "hazardous wastes"  under §1004(5) of RCRA but does
 not qualify as  a "hazardous waste" under 40 CFR Part  261.   The
 term  "hazardous waste"  in §7003  refers to the broad statutory
 definition  (§1004 (5))  of RCRA and not to the more narrow
 regulatory  provisions promulgated  pursuant to §3001 and codi-
 fied  at  40  CFR  Part 261. These  regulatory provisions are
 meant to be applied only in the  Subtitle C regulatory program.
 Because  the CERCLA definition  of "hazardous substances" (§101
 (14))  includes  "hazardous wastes"  under RCRA §3001 but  not
 under RCRA  §1004(5),  a"
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                             - 9 -
     C.  Deciding to Use a §7003 Order

     This section discusses factors to consider when deciding
whether or not to use a §7003 order.  These factors include:

     - financial status of the respondents
     - number of potential respondents
     - specificity of the necessary response action

     As a general proposition, a §7003 order should be issued
only in those situations in which compliance with the terms of
the order is feasible, i.e.,  where the respondents are in a
position to perform the ordered response actions within speci-
fied time periods.  This does not mean that EPA must make a
pre-issuance determination that respondents will comply with
an order,  but rather that compliance is practicable.  If the
Agency anticipates non-compliance with an order it is
considering issuing, the use  of the order mechanism may serve
only to delay initiation of an injunctive action under §7003
or, if appropriate,  a. Fund-Financed response.   In addition,
it is an inefficient use of resources.

     1) Respondent's Financial Status

     Before an administrative order requiring  remedial work
is issued,  the Agency should  assess,  to the extent possible,
whether the responsible party has sufficient financial resources
to comply with the order.   This assessment is  only a factor to
be considered in the decision to issue  an order when the neces-
sary information is available.  Financial information may be
available  from several sources:

     0  Agency files may contain financial information
        collected as part of  the identification of
        parties responsible for the hazards posed
        by sites on the National Priorities List.

     0  The Securities and Exchange Commission (SEC)
        requires publicly traded companies to  submit
        detailed financial statements.   This information
        is  publicly available.  (Consult NEIC's manual
        entitled "Identifying Responsible Parties" for
        additional information on obtaining SEC
        files.)
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                             - 10 -


     0  Responsible parties may submit financial
        information to the Agency during discussions
        or negotiations held prior to the issuance of
        an Order.

     0  The Agency collects financial data as part of
        the RCRA permitting process.

     In addition,  NEIC can provide further financial information
on respondents who are publicly held  companies or companies
previously the subject of EPA action(s).

     2) Number of Respondents Subject to the Order

     The Agency's position that §7003 provides for joint and
several liability has been challenged by U.S. v. Stringfellow,
No. 83-2501 - MML (C.D. Cal.,  April 5,  198^77  That decision
held that neither RCRA §7003 nor CERCLA §106 provides for joint-
and several liability.  In the case of a multiple party adminis-
trative order, the Stringfellow Court stated that "...such
would have to state with specificity  the steps to be taken and
the party to take them.  If steps were ordered taken jointly,
the Court would have to prescribe the participation of each
defendant".  (Slip. op. at 12.)

     At present,  the Agency has not changed its position on
§7003 and joint and several liability.   Even so, the Stringfellow
decision may affect future §7003 orders issued to multiple
respondents without an allocation of  individual responsibilities.

     Some factors C.G consider before  issuing a RCRA §7003 order
to multiple parties are as follows:

          i)  Coordination of Response Action

          An order issued to multiple respondents who are
jointly and severally liable generally^will not allocate
individual clean up responsibilities. _/  Instead, the order
will require the same response action to be conducted by each
responsible party.  Multiple parties  must organize and coordi-
nate their response to ensure compliance with the order's
requirements.  Thus, compliance with  orders may depend upon
group agreement on each member's share of the response cost.
In a large group of responsible parties, it may be difficult
for the group to develop a consensus  on individual liability
and perform response activities as quickly as necessary to
   */ However,  the Agency may issue an order to a respondent
     requiring a response to a discrete, separable aspect of the
hazard at a site,  notwithstanding the existence of other
responsibile parties or other less divisible problem areas.
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                             - 11 -


abate imminent hazard conditions at a site.  Accordingly,
issuing Orders to all responsible parties may not be appro-
priate where  there are a  large number of parties who are
unlikely  to agree on a concerted response.  Instead, the Agency
will pursue judicial remedies or consider issuing Orders to a
selected  subset of responsible parties.

     Even  in  situations where Orders are issued to a large
number of  parties, Agency policy, which should be reflected in
the terms  of  the Order, is  that each Respondent is individually
liable for compliance with  the Order's requirements.

           ii) Supervision

           After an order  is issued, the Agency conducts
compliance monitoring at  the site to ensure that responsible
parties comply with the terms of the order.  Although no
specific  number of responsible parties can be considered ideal,
it is clear that the Agency's oversight responsibility is most
effective  when there are  a  limited number of responsible parties
or a single contractor (hired by the responsible parties) doing
the work  at the site.

     3) Specificity of the Necessary Response Action

           In order to minimize the potential for confusion
between Respondents and the Agency concerning the required
response  action,  orders should be used in situations where the
nature of  the required response action is relatively precise.
Orders are particularly useful to require that respondents
cease any ongoing activity  that is causing the imminent hazard.
When remedial work is required, an order may best be used to
mandate discrete tasks such as the erecting of fences to secure
the site and  the removal of drummed wastes.  Orders can be
inappropriate in cases where the abatement will be very complex,
cost more  than several million dollars, or take more than a few
years to  complete.  These are offered as factors to consider
and not criteria to be rigidly followed.

     A RCRA §7003 order,  or succession of orders,  may be used
to require respon'se action  throughout the entire cleanup pro-
cess.   11  is entirely appropriate to use §7003 to order
immediate  sampling or testing programs as part of a broader
set of proposed response activities.  For example, where it
is important  to respond immediately to an imminent hazard,  a
§7003 order may be used to determine the full extent of site
contamination and to require immediate security and clean up
action in  response to hazards that have already been established.
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                             - 12 -
Monitoring,  sampling,  analysis and reporting can,  of course,
also be required through use of a RCRA §3013 order.   A §3013
order may be issued absent a finding of an imminent hazard
although it does require a finding that the presence of,  or
release from a site of,  hazardous waste "may present a substan-
tial hazard- to human health or the environment."  RCRA §3013(a)
(1)&(2).  [See,  Issuance of Administrative Orders  Under Section
3013 of RCRA,  issued September 1984.]

IV.  ELEMENTS  OF AN ORDER

     All §7003 orders  should contain the following elements:

     0 a statement of  the statutory basis for the  order.

     0 a statement of  the agency's authority to issue
       the order and the liability that may be incurred
       if the  respondent fails to comply.

     0 a specific determination supported by findings
       or reference to a separate endangerment assessment
       that states that the Agency has determined  that an
       imminent and substantial endangerment may exist.
       Such an explicit finding is necessary even  if the
       Respondent is willing to consent to the issuance
       of the  order.  Should EPA need to seek judicial
       enforcement of  the order,  even one issued on
       consent,  it should be able to demonstrate that it
       acted within its statutory authority in issuing the
       order.           '

     c the company is  a facility as defined under  CERCLA
       §101(9).   (Note:  required only when the A.O.  is also
       based on CERCLA §106).

     0 a finding that the substances are solid or
       hazardous wastes.

     0 statements as to the liability of the
       respondents, i.e., that the responsible party
       is or has been engaged in the activities
       described in §7003.

     0 a compliance schedule that clearly sets forth
       the tasks to be performed, the time frames  for
       performance, and quality and performance stan-
       dards for tasks.  Such specificity enhances the
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                        - 13 -
  operator's ability to comply and the Agency's
  ability to enforce the order judicially should
  the respondent violate its terms.  A specific
  order provides the court with Agency articulated
  standards by which to judge the respondent's
  noncompliance.

0 EPA authority to be on site during work, obtain
  split samples and other information generated,
  and stop work if an emergency arises.

0 sampling and analytical procedures.

0 health and safety procedures.

0 notice to affected States.  A statement should
  be included, where possible, that notice to the
  affected state(s) has been given.

  an opportunity to confer if the order is
  unilateral.   Agency policy is to offer
  recipients of §7003 orders an opportunity to
  confer with the Agency concerning the appro-
  priateness of its terms and its applicability
  to the recipient.  (Note:  The administrative record
  containing EPA's evidence should be available for the
  recipient to examine.) The conference will help EPA
  ensure that it has based its order on complete
  and accurate information and ensure that both
  sides have a common understanding of the work
  to be performed.  Another benefit to such a
  conference is that it may reveal the unwilling-
  ness of the respondents to take necessary action.
  In this case, EPA can be better prepared to
  take necessary remedial action itself or seek
  judicial remedies. (See also, Conference Procedures,
  infra p. 14).

0 an effective date of the order.  Each order
  should specify the date on which it becomes
  effective.  Because a §7003 order by definition
  addresses an imminent hazard, it should ordinarily
  become effective within 10-14 days of receipt by
  the respondent.   In emergency situations the
  effective date may be shortened to as little as
  48 hours.  Any situation that requires an
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                             - 14 -
       affirmative response in less than 48 hours should
       be addressed under §104 of CERCLA as a fund-
       financed emergency removal.  [S«;£: Issuance of
       Administrative Orders for Immediate Removal Actions,
       supra, p. 2 (discussion of the timing of A.O.'s).]

     0 indemnification of EPA.  The order should exempt the
       Agency from liability for damages, even if the damages
       occurred pursuant to an EPA enforced order.

       a public comment period for consent orders.

     0 a civil penalties section for unilateral orders
       and a stipulated penalties section for consent
       orders.

     0 EPA authority to take additional enforcement
       action if the respondent does not comply with
       the terras of this order.

V. CONFERENCE PROCEDURES

     The conference will normally be held at the appropriate
EPA Regional office and will be presided over by the Regional
Administrator's designee.  However, other arrangements may be
agreed to for the sake of convenience to the parties.  At any
time after the issuance of the order and particularly at the
conference, EPA should be prepared to provide the Respondent
with information sufficient to explain the basis for the
Order and to promote constructive discussions.  (NOTE: The
administrative record containing EPA's evidence must be avail-
able for the recipient to examine.)  The Respondent will have
the opportunity to ask questions and present its views through
legal counsel or technical advisors.  The schedule and agenda
for the conference will be left to the discretion of the EPA
official leading the conference, as long as the Respondent
receives a reasonable opportunity to address relevant issues.

     Following the conference, a written summary of the
proceeding must b« prepared and signed by the Agency official
who presided over the conference.  The written statement should
contain:

     0 A statement of the date(s) and attendees of any
       conference(s) held; and

     0 A description of the major inquiries made and
       views offered by the Respondent contesting the
       terms of the order.
-------
                             - 15 -


     The presiding official must prepare a statement which
addresses the significant arguments raised by the respondent,
recommends how the order should be modified,  if at all,
and contains the reasons for the changes or revisions.

VI. MODIFICATIONS. REVOCATION, OR STAY OF THE ORDER

     Based on a review of the file (on which the order  was
based) any probative information or argument made by the
respondent (following receipt of the order) or by recommen-
dation of the presiding official, the issuing official  may
modify or revoke the order.  Any modification to the order
must be communicated to the respondent as part of a copy of a
written statement containing the elements listed in Section V
above.  The original should be kept in the Agency files along
with the evidence supporting the order,  copies of written
documents offered in rebuttal by the respondent during  the
conference,  and a copy of the request for a conference.
                                                           of
          '          i •           i

     The issuing official may also stay the effective date
the order if the conference process could not be completed
within-the specified time period.

VII. NEGOTIATION OF ADMINISTRATIVE ORDERS

     Although EPA recogriizes that recipients of unilateral
§7003 orders should be given an opportunity to confer,  the
Agency will not engage in lengthy nego tiations with recipients
after an order is issued.  Limited negotiations,  before or
after issuance of an order,  are useful in that they give EPA
an opportunity to assess the likelihood that the respondents
will perform the tasks set forth in the order.  If negotiations
look unpromising EPA must decide whether to issue an order
unilaterally,  refer a §7003 civil action or initiate a Fund-
Financed response (if this option exists).   EPA should not
compromise its authority to secure necessary action simply to
obtain an order on consent.

     Should negotiations result in an agreement,  the resulting
order must contain all of the requirements  set forth above;
these requirements are necessary to ensure  that the order is
enforceable should the respondent decide not to comply.  The
same requirements apply even if the respondent has voluntarily
begun cleanup efforts.   In general,  the negotiated order
should set out specifically what each respondent must do to
comply.
-------
                             - 16 -


VIII.  DELEGATIONS OF AUTHORITY

     At the present time, the authority to issue RCRA §7003
administrative orders is delegated to the Assistant Adminis-
trator for Solid Waste and Emergency Response and the Regional
Administrators.  The Regional Administrator must consult with
the Assistant Administrator for Enforcement and Compliance
Monitoring or the designee and must obtain the advance
concurrence of the Assistant Administrator for Solid Waste
and Emergency Response or delegatee.   The Assistant Adminis-
trator for the Office of Solid Waste  and Emergency Response's
authority to issue §7003 orders and to give advance concurrence
has been rede legated to  the Director,  Office of Waste Programs
Enforcement.

     The RCRA Delegations of Authority are being revised and
should be issued in the  near future.   The draft §7003 delegations
which are found in Chapter 8, Section 22 of the draft delegations
manual are divided into  three parts:   determination of imminent
and substantial endangerment; abatement through a unilateral
order; and, abatement through an order on consent.

     According to the draft delegations,  the Regional
Administrator (RA) must  consult with the Office of Regional
Counsel before issuance of either a RCRA §7003 unilateral
order or order on consent.  Regarding Headquarters,  the RA
must consult with the Office of Solid Waste and Emergency
Response (OSWER) prior to issuing RCRA §7003 orders to deter-
mine an imminent and substantial endangerment and to abate
such an endangerment through a unilateral order.  The RA is
.not required to consult  with the Offices of Enforcement and
Compliance Monitoring (OECM) or the Office of General Counsel
(OGC) to issue the above.  For orders on consent under §7003,
the RA must obtain advance concurrence of OSWER or a waiver of
such concurrence by advance memorandum,  before issuance of
such an order.  The RA does not have to consult with or procure
concurrence from OECM or OGC prior to issuance of §7003 Orders
on consent.  Consultation with OECM and OGC is recommended in
relatively new areas such as the use  of a RCRA §7003 order for
underground gas tanks and where there are other novel legal
issues involved.
-------
                             - 17 -


                            Appendix

                   STATE NOTIH CATION LETTER

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. R. Jones
State Agency
Division of Environmental Control

Dear Mr. Jones:

     Enclosed for your information is a copy of an order
[stamped "DRAFT" and "CONFIDENTIAL"] that the Agency intends
to issue on or after    [date]    ,  to the XYZ Company,  pur-
suant to Section 7003 of the Resource Conservation and Recovery
Act (42 U.S.C.  §6973).  The order requires certain activities
to be taken at the company's site located at [location|_.
Please refer to the enclosed copy of the proposed order for
the specific actions required of the company and the time
within which such actions must be taken.  If you have any
comments or questions concerning the order,  please contact
[EPA official] at  [office] .

                          Sincerely yours,
                          Assistant Administrator for
                            Solid Waste and Emergency Response

                                     [or]

                          Regional Administrator

                               [or their designees]


Enclosure

cc:   Honorable J.  Smith,  Governor
-------
           GUIDANCE MEMORANDUM




                    ON




USE AND ISSUANCE OP ADMINISTRATIVE ORDERS




                  UNDER




              SECTION 106(a)




                OF CERCLA
-------
                         TA3LE  CF  CC.VTZ^rS

 I.      Ir.crocv.cti.cn	1

 II.     Ksquicements  for  Issuance  and  Scope
        of  Si 06 (a) Ad-inistrative  Orders	4

        A.  Necessity  for "Determination"  	  5

        B.  Necessity  for Actual or Threatened
           Release of Hazardous Substance   	  €

        C.  Necessity  that Release or  Threat
           of Release be From  a Facility	7

        D.  Necessity  for Existence of  Imminent
           and Substantial Endangerment   	  8

        E.  Notice to Affected  States  	  9

 III.    Persons to Whom an Order May Be  Issued.  ......  10

 IV.     Criteria for Issuance of $106  Orders	il

        A.  Responsible Parties' Financial Status .....  12

       'B.  Number of Responsible  Parties Subject to
           the Order	13

        C.  Specificity of the  Necessary Response Action.  .  14

       D.  Agency's Peadinfess  to  Litigate the Merits
           of the Order	16

        E.  Competing Considerations	16

V.      Orders Relating to Removals and Remedial Actions.  .  17

       A.  Immediate Removals	17

       B.  Planned Removals and Remedial Actions 	  19

VI.    Procedures for Issuance of Si06 Orders	20

       A.  Planned Removals and Remedial Actions 	  21

       B.  Immediate Removals	  .  21
        %

VII.   Opportunity to Confer	22

       A.  Planned Removals and Remedial Actions 	  22

       B.  Emergency Situations	23
-------

VI 1 1 .
IX.
D. Mod:
*-he
Procedui
Note on
Lf :
Di
•p
Pi
icat
-de'
•if
jrrx
:ior, S
Order
3se and

Not Obej
Use of
r-n, ~r Stay of
/ed 	
This Memorandum. . .
24
. . 25
. . 26
Appendix A:  Nctificatior. Letter
Appendix 3:  Sa.-ple §106 (a) Administrative Order
-------

             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON. DC Z04«0
MEMORANDUM
SUBJECT:  Guidance Memorandum on Use and Issuance of
          Administrative Orders-sUnder §106(a) of CERCLA
FROM:
TO:
     Lee M. Thomas
     Acting Assistant Administrator for Solid •
       Waste and Emergency Response
          Courtney M. Price
          Special Counsel for Enforcement-
     Regional Administrators, Regions I-X
     Regional Counsels, Regions I-X
     Air and Waste Management Division Directors
       Regions I-X
     Regional Superfund Coordinators
     Director, Office of Waste Programs Enforcement
     Director, Office of Emergency and Remedial Response
     Associate Enforcement Counsel, Waste Division
I.
Introduction
     The administrative order authority which the Environmental

Protection Agency (EPA) exercises under 5106(a) of the Compre-

hensive Environmental Response, Compensation, and Liability Act

of 1980 (CERCLA) and Executive Order 12316 is one of the most

potent administrative remedies available to the Agency under any

existing environmental statute.

     Section 106(a)  of CERCLA authorizes the issuance of "such
        V
orders as may be necessary to protect public health and welfare

and the environment," after notice to the affected state, upon

a determination that "there may be an imminent and substantial
-------
                               -2-

sndsr.gsrrer.t to the public health or weifars or  the enviror.rer.t
t-2ca;;Sc -f an actual or threatened release of a  hazardous
substance from a facility."  A fine not exceeding 55,000 per
day may be imposed for willful violation, failure or refusal
to comply with a 5106(a) Order (Order), and punitive damages
of up to three times the cost of clean-up of the site may be
imposed under S107(c)(3) for failure, without sufficient cause,
to properly provide removal or remedial action pursuant to such
an Order.   In view of the magnitude of these penalties, the
Agency expects that the regulated community will comply with
administrative Orders.   At the same time, the Agency's obliga-
tion is to ensure that Orders are properly issued.
     It is the current policy of EPA that, whenever possible,
parties who have caused or contributed to a release or a threat
of a release of hazardous substances at a site should
rectify the problems at the site.  This action is necessary
to ensure that the Agency efficiently manages the limited funds
available under CERCLA and to ensure that the maximum number of
sites are addressed.
     Accordingly, after the Agency discovers a site and in advance
of completing a Remedial Investigation and Feasibility Study (RI/FS),
(and has conducted an endangerment assessment, or their equiva-
lent), responsible parties normally will be sent a notice letter
requesting them to clean up the site.  Following completion of the
feasibility study, the Agency normally engages in discussions with
-------
                                -3-

responsibie  parties  in  an  atter.pt to  obtain  proir.ptly the agree-
ment cf  s'-ich parties  cc vclu ntarilv ur.dertax?  the  recssssrv
rsspcr.se acticr.s.   If  t.~s  liscussicns  are  successful ,  i."£ tersis
of  tne agreement wall  be embodied  in  a judicial  consent decree
or  a 5106 administrative consent Order.
     In circumstances  where  the Agency wishes  to compel a responsible
party to undertake  the  response actions , including  instances  where
no  settlement can be reached, the  Agency will  consider issuing a
unilateral $136 Order  in accordance with this  guidance.
     The administrative enforcement authority  is an important
component of the Agency's  enforcement  program  authorized under
CERCLA.  This guidance  is  being issued to  assist the regional
offices in developing  and  maintaining  an effective  CERCLA admini-
strative enforcement program.  The effectiveness of the program
will be enhanced as site remedies  are  implemented by Respondents
in  compliance with  administrative  orders,  and  as enforcement  of
Orders with <-'hich Respondents are  not  in compliance is  success-
fully and expeditiously pursued by EPA.  The Agency will
aggressively defend judicial challenges to Orders and  enforce
instances of non-compliance  to validate the CERCLA  administrative
enforcement program.  Regional offices  should  issue Orders consistent
with the criteria and procedures contained in  'this  guidance to  ensure
the legal sufficiency of the program.
     iThe $106 administrative order authority provides  strong  incen-
tives for Respondents to undertake expeditiously response actions
deemed necessary by EPA to ensure  protection of  public  health or
-------
                               -4-

weifare or the environment.  Therefore, Regional offices  are  urge-i

to cor.siisr -he use of unilateral CSP.C1A sc-ir.istrative orders

i.- 2v«r" "iss where ccspelli.~g e.-Jsrcs^c.-c authority is neces-

sary.  Criteria are provided herein to assist regional offices

in determining whether Orders are appropriate in any case.  It

is essential that a balanced CERCLA enforcement program is

implemented by EPA, combining administrative and judicial enforce-

ment authorites, to ensure protection of health and the environ-

ment from the hazards of releases or threats of releases  of

hazardous substances.


II.  Requirements for Issuance and Scope of Section 106 CSRCLA
     Orders

     A comparison of 5106(a) and $7003 of the Resource Conser-

vation and Recovery Act (RCRA) reveals similarities in the two

sections, and therefore many of the criteria for issuance of  a

$7003 Order also apply »to $106 Orders._!/  In many situations,

either Order would be appropriate.  Where the hazardous sub-

stances are also "hazardous waste" under RCRA, the Order  should

cite the authority of both sections.


     Section 106(a) of CERCLA provides as follows:

     In addition to any other action taken by a State
     or local government, when the President determines
     that there may be an imminent and substantial
     endangerment to the public health or welfare or
     the environment because of an actual or threatened
l_/  Guidance on the use of RCRA $7003 administrative orders
may be found in a memorandum entitled, "Issuance of Admini-
strative Orders under Section 7003 of the Resource Conser-
vation and Recovery Act* dated September 11, 1981.
-------
                                -5-

      release  or a hazardous substance  from  a  facility,
      he rsy require  the Attorney General  of the United
      Ststes tc «ecure such relief as pay  be necessary
      to atat* such danger or  threat...  The President
      may also, after notice to  the  affected State, take
      such  action under this section inciucinc* but not
      limited  to, issuing such orders as may be .".^cessary
      to protect public health and welfare and the environ-
      ment._2/

      In order for an Order to be issued,  the  following

 legal pre-requisites must be met:

      A.  Necessity for a Determination Based Upon Evidence

      A determination must be made that, because of a release

 or  threat  of  a release, an imminent and substantial endangerment

 may exist.  This determination  will depend upon documentary, testi-

 monial, and physical evidence obtained through investigations

 and inspections.  Other information concerning the nature of the

 threat posed by a site may already be contained in Agency files,

 such  as data generated pursuant to  5103 of CERCLA or the permit

 and notification sections of RCRA.  The Order, therefore, must

 include a  finding that, an imminent and substantial endangerment

 may exist, in order to ensure that  this statutory requirement is

 met.  (See sample order, Appendix B, Finding No. ?).
_2/  The President has delegated his authority under this Section
to the Administrator of EPA and the U.S. Coast Guard by Executive
Order No. 12316 dated August 24, 1981.  EPA and the Coast Guard
have entered into a Memorandum of Agreement dated October 9,
1981, that all site-related releases  in the Coast Guard's juris-
dictional areas (coastal zones, Great Lakes, ports and harbors)
shall be the responsibility of EPA.
-------
                               -A-
     S.  N-?*:?ssi t" pf -cV'?l r~ Tur?-*'a'-~ P-rlease cf
         ..^c^rwCU3 ^-^•.Cs,»r*Cc3

     Section 105 requires that t~e in-inert and substantial

endangernent 2-s caused by "an actual or threatened release _3/

of a hazardous substance" from a facility.  A "hazardous

substance" is defined in Section 101(14) of CERCLA, and is

generally any substance, waste or pollutant designated pur-

suant to Sections 307(a> and 311(b)(2)(A) of the Clean Water

Act, Section 3001 of RCRA, Section 112 of the Clean Air Act,

Section 7 of TSCA, or Section 102 of CERCLA.  (Crude oil,

fractions tnereof, natural gas, and liquefied natural gas

are exempted from statutory coverage.)

     Whether a release from a facility is "actual" or "threatened"

primarily depends upon temporal considerations.  Actual releases

should be observable in some form, either visually or through

analysis showing contaminants present  in samples of soil, water

or air.  A "threat" of a release, on the other hand, involves

releases which have yet to occur or have yet to find their way into

the environment.  A bulging tank containing a hazardous substance

in which pressure has built up, and a  surface impoundment
2/   A "Release" is defined in CERCLA §101(22} as "any spilling,
leaking,  pumping, pouring, emitting, emptying, discharging,
ejecting, escaping, leaching,  dumping or disposing into the
environment," with certain specific exemptions (e.g. release
solely in work place; engine exhaust; release of certain nuclear
material; and normal application of fertilizer).
-------
                                -7-


which  is about  to  overflow  because  of  heavy  rainfall,  present

ctviiwS  thrsais  cf  a  ralaa^e.   A  tXreat  is also  presented  by

csrrccir.; cr  leaking  drurr-s  containing  incompatible  wastes  mingled

in a corjr.cn area.   Accordingly, the  determination of whether a

"threat" of a release warrants  issuance  cf an Order is  a juris/sent

decision to be made on  a  case-by-case  basis.

     The nature  of  both the hazardous  substances present at  the

site and the  release  or threat  of release should be set forth as

findings in the  order,  together with the bases for  such findings.

     C.  Necessity  That Release or Threat of Release be
         From a  Facility"

     The release or threat  of release  must be from  a "facility,"

which  is defined in CERCLA  5101(9) as:

     (A)-any building, -structure, installation, equipment,
     pipe or pipeline (including any pipe into a sewer or
     publically  owned treatment works), well, pit,  pond,
     lagoon,  impoundment, ditch, landfill, storage  container,
     motor vehicle, rolling stock, or  aircraft, or  (B) any
     site or area where,a hazardous substance has been
     deposited,  stored, disposed of or placed, or otherwise
     come to be  located; but does not  include any consumer
     product  in  consumer use or any vessel (a watercraft or
     other contrivance used, or capable of being used, as a
     means of transportation on water).

     This definition  of "facility" includes on-shore or off-shore

sites,  including land transportation facilities,  from which

releases or threats might originate.   The Order must specify

the physical location that  is the source of the release.
-------
                               -8-
     D.  Necessitv for Existence of Irjninent and Substantial
     Ivider.ce presented to support the issuance of a 51C6(c)

order must show 'that there may ce an irnr.inent and substantial

endangenr-ent" zo public health or welfare or the environment.

     The words "may be' indicate that Congress established a
                            •
standard of proof that does not require a certainty.  The evidence

need not demonstrate that an irasiinent and substantial enhancement

to public health or the environment definitely exists.  Instead,

an Order may be issued if there is sound reason to believe that

such an endangeraer.t may exist.

     Evidence of actual harm is not required.  As the Court stated

in Ethyl Corp. v. EPA, construing an endangerment provision in the

Clean Air Act:

          The meaning of "endanger" is not disputed.  Case
          law and dictionary definition agree that endanger
          means something less than actual harm.  When one
          is endangered, harm is threatened; no actual injury
          need over occur.  (541 F.2d 1 at 13, footnotes omitted,
          original emphasis, D.C. Cir., cert. den. 426 U.S. 941
        .  (1976).)

     It should also be noted while the risk, of harm must be

imminent in order for the Agency to act under 5106, the harm

itself need not be.  (See the legislative history to the

•imminent and substantial endangenner.t" provision of S1431 of the

Safe Drinking Water Act, H. Rpt. 93-1185 at 35-36.)  For example,

EPA could act if there exists a likelihood that contaminants

might be introduced into a water supply which could cause

damage after a period of latency.  One must judge the risk or
-------
                               -9-



 likelihocd  of  the  ham by examining the factual circumstances,



 including,  Out net limited to:  1) nature and amount of the



 hazardous substance invoive-c;  2)  tr.-e  r>o^'?r* i? 1  for exposure of



 humans  or the  environment to the  substance,  ar.d 3; the known



 or  suspected effect of tne substance  on hur.ans  or that part



 of  the  environment subject to  exposure to the substance.



     Legal  analyses of the concept  of imminent  and substantial



 endangerment can also  be  found  in Reserve Mining Co.  v.  EPA,



 514 F.2d 492 (8th  Cir.  19?5); U.S.  v.  Vertac Chemical Co.  et  al,



 489 F.Supp. 870  (E.D.  Ark.  1980); U.S.  v.   Solvents Recover'/



 Service, 496 F.  Supp.  1127 (D. Conn.  1980); U.S.  v.  Midwest



 Solvent Recovery,  454  F.  Supp.  138  (N.D.  Ind.   1980); U.S.  v.



 Diamond,Shamrock Corp., 17 E.R. 1329,  (N.D.  Ohio 1981);  U.S.  v.



 Price,  688  F.  2d 204  (3rd Cir.  1982-};  U.S.  v.  Re illy Tar and



 Chemical Corp., 546 F.  Supp 1100  (D.  Minn.  1982).



     The nature of the endangerment and the  basis  for the  finding



 of an imminent and substantial  endangerment  must be set  forth



 in the Order.  The link between the endangerment and  the  relief



 mandated by the Order  should also be  evident.



     E.  Notice to Affected States



     Finally,  before an Order may be  issued,  the "affected  state"



must be given  notice of the Agency's  intention  to  issue  the



Order.



     fhe Agency is not  held to  a  statutory  period  of  time  for



 notice.  Normally,  written  notification to  the  state  should



precede federal action  by at least  one  week.  Circumstances
-------
                              -10-
may arise, however/ wnere rapid response at a site  is necessary.
Ir. such casss, isr-sr.52 cf ar. Criar say fellow an abbreviated
notice period or even a telephone call mads by EPA  to the
Director of the agency responsible for environmental protection
in the affected state.  Written confirmation nust follow such
telephone notice.
     As indicated above, the notification should be directed to
the Director of the state agency having jurisdiction over
hazardous waste matters.  A suggested fora for a notification
letter is attached to this memorandum as Appendix A. 'This
form also provides the format for oral notice.
     An "affected state" is interpreted to be the state where
the facility is located from which the discharge is being
released or threatens to be released, and in which  the response
activity required by the proposed order will be taken.  In some
cases, this may involVe acre than one state, such as where the
facility is located near the border of a state and  the
hazardous substances have migrated from the facility located
in one state into another state(s).   In those cases, all of
the states in which the hazardous substances are found and in
which response activity may be performed pursuant to the order
should be notified.

III.^Persons To Whom an Order May Be Issued
     Section 106 does not specify any person or persons to whom
an Order may be issued, but permits the issuance of "such orders
-------
                              -li-
as say be necessary..."  Section lC4(a), however, refers  to  the
•owner or operator" or "other responsible party" as the persons
co wnom the Ay^acy coulu look to determine whether clean-up  of
a site will be dene properly before expending CE3CI*A funds.
Section 107(a), designating those who shall be liable  for
response costs, specifies present owners and operators of 2
facility, persons who were owners and operators at the time
of disposal of a hazardous substance, and generators and certain
transporters vhc, according to available evidence, contributed
hazardous substances to the facility.  It follows that those
same persons could be recipients of an Order issued under
Section 106(a), (see U.S. v. Outboard Katrine Corp., 556 F. Supp.
54, 57 (N.D. 111. 1982).  In addition, in appropriate cases,
it may be possible to issue orders to parties other than
those listed in Section 107(a), if actions by such parties are
necessary to protect the public or the environment.

IV.  Criteria for Issuane'e of SI 06 Orders
     Other parts of this guidance document examine the legal
requirements for issuing an Order.  This section's purpose is
to list specific factors which favor the use of Orders
over other possible enforcement responses.  These factors include:
     •  Responsible parties' financial status
     •  Number of potentially responsible parties
     •  Certainty of the necessary response action
      %
     •  Agency's readiness to litigate the merits
        of the Order
-------
                              -12-

     Th e theme common to these factors is that Orders should
be issued in those situations in which ccr.pliar.ee with the
ter~s of the O-der is feasible, i.e., vhers ths Respcr.der.ts
are in a position to perform the oroered response actions
within specified time periods.  This does not nean Z?A must
make a pre-issuance determination that Respondents will com-
ply with an Order/ but rather that compliance is practicable.
If the Agency does not anticipate compliance with an Order it
is considering issuing, the use of the Order nay serve only to
delay direct injunctive action under $106 or the initiation of
Fund-financed response.  On the other hand, the Agency may wish
to issue an Order in any situation where the needed response action
and the liability therefor are clear and straight-forward, so
that refusal to comply with the terms of the Order would not, in
all probability, be with "sufficient cause" (CERCLA $107(c)(3)).
Such refusal would render the Respondent liable for civil penalties
                        r
or punitive damages in the event of federal cleanup.
     A.  Responsible Parties' Financial Status
     Before an administrative order requiring remedial work
is issued,  the Agency should assess, to the extent possible,
whether the responsible party has sufficient financial resources
to comply with the Order.  Financial information is available
from several sources:
     •  Agency files contain financial information
     i
        collected as part of the identification of
        parties responsible for the hazards posed
-------
                              -13-

        by sites on the National Priorities List.

     0  The Securities ani Exchange Ccrr.issicn  (SEC1 recuires

        publicly traclsd crr:p;.-i9S to submit istaiiad finz.-.cial

        statements.  This  information is publicly availaole.

        {Consult NEIC'S manual entitled "Identifying Responsible

        Parties" for additional information on  obtaining SEC files.)

     •  Responsible parties may submit financial information

        to the Agency during discussions or negotiations held

        prior to the issuance of an Order.

     In addition, NEIC can provide further information on

Respondents' financial status.

     B.  Number of Responsible Parties Subject  to the Order

     For two primary reasons, the success cf Orders for

remedial action is enhanced where there are relatively few

responsible parties.

     1) Coordination of Response Action
                      T
     An Order issued to multiple Respondents who are jointly

and severally liable generally will not allocate individual

clean up responsibilities._4/  Instead, the Order will require

the same response action to be conducted by each responsible

party.   Multiple parties must organize and coordinate their

response to ensure compliance with the Order's  requirements.

Thus, compliance with Orders may depend upon group agreement
4/  However, the Agency may issue an Order to a Respondent
requiring a response to a discrete, separable aspect of the
hazard at a site, notwithstanding the existence of other
responsible parties or other less divisible problem areas.
-------
                             -14-
on eac.i meter's share of the response cose.  In a  large group
oi responsiole parties, it may oe difficult for the group  to
develop d consensus on individual liability and perform response
activities as quickly as necessary to £.';at= iiruninent hazard
conditions at a site.  Accordingly, issuing Orders  to all  respon-
sible parties may not be appropriate where there are a large
number of parties who are unlikely to agree on a concerted response.
Instead, the Agency will pursue judicial remedies or consider
issuing Orders to a selected subset of responsible parties.
     Even in situations where Orders are issued to a large number
of parties,  Agency policy, which should be reflected in the
terms of the Order, is that each Respondent is individually
liable for compliance with the Order's requirements.  Individual
liability also extends to penalties and punitive" damages imposed
by CERCLA for failure to comply with the Order.
     2) Supervision     >
     After an Order is issued, the Agency conducts compliance
monitoring at the site to ensure that responsible parties  comply
with the terras of the Order.  Although no maximum number of
responsible parties can be specified as optimum, it is clear that
the Agency's oversight responsibility is most effectively  accom-
plished where there are a limited number of responsible parties.
     C.  Specificity of the Necessary Response Action
     Jn order to minimize the potential for confusion between
Respondents and the Agency concerning the required  response
action, Orders should be used in situations where the nature
of the required response action has been relatively precisely
-------
                               -15-

 icentified.  Orders are normally  better suited  to  mandating
 discrete tasks such as drum rsTT.cvsls  rsther  than  lass  exact
 acticr.s such as plar.r.ir.;.  Otherwise  it z=y  re  difficult  fzr  the
 Agency to supervise compliance activities, and  for responsible
 parties to reach agreement on a compliance plan.   In most  cases,
 information sufficient to describe the required response actions
 will be generated by the RI/FS.
     An Order should contain the  following elements  (see
Appendix 3):
     •  The steps the Respondent  must take to comply with
        the Order;
     0  The effective date of the Order;
     •  A mandatory time-table for completion
        of remedial work; and, where appropriate,
     •  A statement to the effect that other actions or orders
        may follow.
                        f
     Specific remedial action Orders benefit both  the Agency  and
responsible parties.  Responsible parties are provided clearly
defined compliance standards which will facilitate agreement
among the responsible parties on a remedial plan.  If the
responsible parties then determine that the remedial work  is
best accomplished by a third party contractor, the Order provides
a basis for their contract negotiations.
-------
     Specific Orders benefit the Agency by reducing  the difficulty
of supervision and judicial enforcement.  In nonconpliance situa-
tions, the Agency rr.ay sedk to enforce sn Order in ccurz.  A
specific Order provides the court with Agency-articulated stan-
dards by which to judge the responsible party's non-compliance
with its terms.  Therefore, EPA should make every effort to
clearly articulate tne response activities rsquired  by an Order.
     C.  Agency's Readiness to Litigate the Merits of the Order
     After the Agency issues an Order, the respondent may seek
judicial review to stay the Order.  Respondents may  challenge
their liability or the appropriateness of the remedy specified
in the Order.  On the other hand, the Agency may promptly seek
to enforce, the Order in court.  In light of these possibilities,
the Agency must be ready to defend the Order in court at the time
it is issued.  This means that the site problem, the reasonable-
ness of the required response, evidence of liability, and the
Agency's response to issues raised by the recipient  must be
thoroughly documented, and that the documentation be organized
and easily retrievable.  The documentation will constitute the
administrative record for any litigation.
     E.  Competing Considerations
     The absence of the factors listed above may argue in favor
of pursuing a judicial or Fund-financed, rather than an adminis-
      \
trative, remedy.  For example, EPA should not normally issue an
-------
                               -17-

order  if  the necessary  response  actions  have  not  been clearly

'dentified.  IT.  ad-iticr., Acer.cv er.f^rcsTrent  cersonnei should

et.^^««^v  consider the  'udicisl CCMTSS  of ;c*icr.  if:

     0  the responsible parties  have violated provisions

        in several environmental statutes;

     e  the opportunity for public  comment  on the  terms

        of a settlement agreement warrants  the use  of a

        judicial consent decree,  (where  there is  a  30-day

        comment  period  before  the decree is finalized) _5/;

        and

     0  there  is a need for long  term  court oversight of

        a settlement agreement,  (such  as in cases where an

        agreement calls for separately enforceable  response

        milestones prior to completion of the cleanup).


V.   Orders Relating to Removals  and Remedial Actions

     Guidance on conducting removal actions issued  by the

Office of Emergency and Remedial  Response (OERJU divides the

statutory concept of removals  into  "immediate" and  "planned"

removals.

     A.  Immediate Removals

     Immediate removal  actions are  to  be taken only  if a
                                              j
response is needed within a relatively short  time frame to

prevent or mitigate significant  harm to  human health  or the
    \
£/  However, it should be noted that the Agency  is  exploring
mechanisms which provide for public comment on both unilateral
and consent administrative Orders.  Guidance on  this matter will
be provided at a later date.
-------
                              -18-
environnent, and such action will not otherwise be provided
or. a tirr.eiy basis.
measures, including:
          1.   Suspension of activities wnich aggravate an
               existing release or substantial threat of a
               release (e.g., active use of a storage tank
               judged by the OSC to be in imminent danger of
               failure).
          2.   Suspension of activities which interfere with
               Federal removal actions (e.g., plant traffic in
               area of cleanup).
          3.   Movement or non-movement of a transport vehicle
               (railway tank car, tank truck, tank vessel)
               which is the source of a release or substantial
               threat of a release.
                       t
          4.   Measures to linit access, such as fencing.
          5.   Use of readily available equipment, owned by the
               responsible party, to contain or remove a release
               during the initial stages of a response before
               the OSC is able to obtain comparable equipment
               from other sources.
          6.   Dikings; construction of berms; or removal of
     v          the hazardous substance to an approved facility.
-------
                               -19-

 (This  list  illustrates  various uses for an Order;  it is not an
 »*» w i n e * «•« cc******^«IUIT.• ^
     Section 1-^5! a) Orders,  both  in isaieciate  and  non-iirjaediate
 situations, sust  certain  a  statement notifying the party of
 EPA's  authority and the liability that  may be  incurred  by
 failure to  comply.  As  specifically as  possible the Order
 prescribes  the response activity  and sets  the  date for  its
 completion.  To ensure  enforceacility of  the Order, EPA should
 not  undertake its own CERCLA-funded response activity during
 the  period  of time given  to  the party to  respond,  unless (i)
 sucn CERCLA-funded response  activity becomes necessary  due to
 the  imnniediacy of the release  or  threat of release or (ii)  the
 Respondent  formally and unequivocally states an unwillingness
 to comply witn the Order.  In  the event the party  undertakes
 response activity, the  OSC should remain  on-site to ensure
 that the work is being  conducted  in accordance with the Order.
     B.  Planned Removals and  Remedial  Actions
     Planned removal situations are those  that allow several
 days or weeks to execute the response.  Remedial actions,  on
 the other hand, are generally  those intended to provide a
permanent resolution to the release and require a  longer time
 and more expensive efforts to  implement.
     As in the case of  immediate  removals, an  Order is  available
 to compel response measures routinely taken during  planned removal
 and remedial actions. 'Removal activity"  includes  assessment
programs to evaluate the nature of  the  problem, and removal of
-------
                              -20-

material from the site.  "Remedial actions" are those consistent

•..-it.". - pam;r.£-t rsnis^y, ar.d ir.ciiiic such activity as cappin.;,  t;-,«

ai'ea, trenching, and provision of an alternate water supply. S/

ZPA's position  is that any activity that the Govarr.T.ent might

undertake at a site - from planning and studies to complete

cleanup-could be ordered pursuant to S106(a).  Of course, the

issuance of more than one Order may be necessary if the cleanup

is performed in stages, or if additional responsible parties

become known to EPA who should participate in the cleanup.


VI.  Procedures for Issuance of §106(a) Orders.

     CZRCLA designates the President as the primary official

responsible for taking response and enforcement action under

the Act.  The authority to issue administrative orders under

S106(a) has been delegated to the Administrator of EPA by

Executive Order No.  12316, and redelegated by the Administrator
                        r
to the Regional Administrators and the Assistant Administrator

for Solid Waste and Emergency Response (AA-OSWER).  The RAs  and

the AA-OSWER must consult with the Associate Administrator  for

Legal and Enforcement Counsel (AA-OLEC) prior to exercising

this authority, and the RAs must obtain advance concurrence  from

the AA-OSWER. (See Delegations Manual: 14-14.)  The AA-OLEC  has
6/  See 5101(23) of CERCLA for definition of  "remove" or  "removal",
and §101(24) of CERCLA for definition of "remedy" or  "remedial
action".  Those definitions contain detailed  examples of  the
types of activities that fall within these categories.
-------
                              -21-


 redelegated the consultation authority to the Associate Enforce-


 ment Counsel-Waste and the Regional Counsels.  The AA OSW£? has


 ^^^c^e^s^ec .^ * ~ 3^v£7^ce ^"""^cuTr?"*. c^ a u t h o r i ^ w t ^ ^ ^ a ^i*"tfC-r*"/
 Waste Programs Enforcement will develop and issue criteria in


 separate guidance which will be used to evaluate circumstances


 under whicn tr.is advance concurrence requirement will be waived


 on a Region by Region basis.  Regional offices are expected to


 develop strong administrative enforcement programs, on an expedi


 tious schedule, which will p*mit them to initiate .and issue


 legally and technically adequate administrative orders with


 only prior notice to Headquarters.


      A.  Planned Removals ar.d Remedial Act_ions


    For planned removals and remedial actions, Orders are


, drafted Dy the Regional program office with the cooperation of


 the Regional Counsel's office.   The draft Order is forwarded


 to the Office of Waste Programs Enforcement for review and con-
                            r
 currence.   The Regional Administrators will usually issue the


 Order and  provide prior notice  of the action to the state.


      B.   Immediate Removals


      For those Orders which require emergency or quick handling,


 usually in response to situations warranting an immediate


 removal,  the following approval sequence will be used:


      The Regional Administrator first must determine whether


 to issue an Order based on communication with the OSC and
         V

 consultation with Regional Counsel.   The Region then prepares


 an order with any supporting information and electronically
-------
trar.s.-its t.u.* .T.&teriai to the Office of Waste Programs Enforce-



sc.-c for review anc concurrence.  Notification to the State



of our intent to issue the Order should be accomplished orally,



and followed up by fsrr.al written notice.





v:I.   Crrortur.ity to Confer



     Agency policy is to offer parties to whom EPA has issued a



unilateral S106 Order an opportunity to confer with the Agency con-



cerning the appropriateness of its terms and its applicability to  the



recipient.  The conference will help EPA ensure that it has



based its Order on complete and accurate information and help



EPA and Respondents reach a common understanding of how the



Order should be implemented or modified.  The procedures for



exercising this option are communicated to respondents through



the text of the Order itself.  (See sample Order, page 4 of



Appendix B.)              ,



     A.  Planned Removals and Remedial Actions



     Each Order will specify a date when the Order becomes



effective.  For actions other than immediate removals, the



effective date should ordinarily be twenty calendar days from



the day the Order is received by the Respondent.  Certain Orders,



such as those requiring that long term remedial actions be taken,



may warrant a more extensive examination of the facts.  In such



cases, the Order may specify an effective date more than twenty



days removed to permit the Respondent an opportunity to discuss  the



Order with the Agency beyond that accorded by the procedures set



forth in Subpart C below.
-------
                              -23-



      If  the Respondent seeks  to  confer  with  the Agency  aoout



 tr.e Order, the Respondent must provide  written notification



 to tne EPA official  listed  in the Order within ten  calendar



 days  of  ths dat*  of  receipt.  T.-.e ccrfer-------
                               -24-
 rereives  a  reasonable  opportunity  to  address  relevant issues.
      Following  the  conference,  a written sunnsry of the crccse^ir:;
 r.ust  be prepared, signed  by  the Agency  official  who presided over
 - - -  ~^~ t- —0 — ~-^  •*••-. -_.-:- 4. - _  _ ^ - k - _ „ _ .  _ u _ .. •• j _„_-.:_.  •
           0  A  statement  of  the date
-------
                                -25-
within  the specified time period.  Before  substantially  modifying
cr  revoking  an Crcsr, the issuing  official  must  ccns'jlt  wit!-.
the appropriate Headquarters or Regional counsel  an^  o^'i-  t^-?
advance  crrc_Trer.ci cf  the Z irec'Lor,  "*?£.

VTI:.  Procedure If Order Is Not Obeyed
       In the event the party  to whom the  Order  is  issued  does
not comply with its terms, the Agency must  quickly  decide
whether  to atter.pt to enforce  the  Order by  referring  the case
tc  the Department of Justice for filing of  a suit to  force
compliance, or whether  to undertake cleanup of the  site  by
use of CERC1A funds, and then  file suit against  the party  for
reimbursement of the costs expended plus statutory  penalties
for failure tc comply with the Order.
     The determination of which action to pursue  depends
on the type of response action to  be  taken.  Obviously,  if an
immediate removal action is, required  by the hazard  at the
site, EPA will clean up the site and  attempt recovery of costs
and penalties in a subsequent  recovery action.  The same course
of action applies to a planned removal where the  removal action
must be quickly undertaken and cannot  await the filing of  a
suit.   However,  planned removal or remedial responses which
require an extended period of  time to  perform, and  in which
initiation of action may be delayed for a brief period without
jeopardising human health and  the  environment, may allow sufficient
time for the filing of a suit  to enforce the Order, or at  least
that portion of  the Order which calls  for the planned removal or
-------
                              -26-
remedial action to be taken.
     Ot.u.gr farter; which r.iy er.tar  ir.tn  this d;t;r
ciuc^ the strength of evidence and  the fir.sr.ci2l ability  cf  ths
party to perforra t.~ = resired response activity.  The decision  cf
which option to pursue is  initially to be iiade by the Regional
Administrator/ in the sane manner and using the same procedures
as previously prescribed for any other enforcement action.   The
Regional Administrator's recommendation  is then forwarded  to
Headquarters for action.

IX.  Note on Purpose and Use of This Memorandum
     The policy and procedures set  forth herein, and internal
office procedures adopted pursuant  hereto, are intended solely
for the guidance of attorneys and other  employees of the U.S.
Environmental Protection Agency.  They are not intended to nor
do they constitute rule-making b> the Agency, and may not  be
relied upon to create a right or benefit, substantive or  pro-
cedural, enforceable at law or in equity, by any person.   The
Agency may take any action which is at variance with the
policies or procedures contained in this memorandum, or which
is not in compliance with  internal  office procedures that  may
be adopted pursuant to these materials.
     Attached to this memorandum as Appendices A and B are
     •  A sample letter to a state  providing notification
        *
        of the Agency's intent to issue  a $106 Order; and
     *  A sample Order.
-------
                               -27-
     If you  have  any questions or problems  concerning any




**!***°** CCT*. t i i T^ ^i  *t*—*in  ^i*i£3 C~l.i t!t3 ^iZTwwwC*T  C**?3



(382-4314),  or  Kussell 3. Selman (426-7503)  or  Steve Leifs



(332-4343)  cf  t.-.e Office of Legal and Enforcement Policy.






Attachments
-------
                          Appendix A

                  STATE NOTIFICATION LETTER
CERTIFIED VAIL
Mr. R. Jones
State Agency
Division of Environmental Control

Dear Mr. Jones:

     Enclosed for your Information is a copy of an order
[stamped "DRAFT" and "CONFIDENTIAL"]  that the Agency intends
to issue on or .after  .[date]   ,  to the XYZ Company, pursuant
to Section 106(a) of the Ccmprenensive Environmental Response,
Compensation, and Liability Act of 1980, (42 USC 9606).  The
order requires certain activities to be taken at the company's
site located at  [location] .  Please refer to the enclosed
copy of the proposed order for the specific actions required
of the company and the time within which such actions must
be taken.  If you have any comments or questions concerning
the order, please contact [EPA official] at [office] .

                          Sincerely yours,
                          Assistant Administrator for
                            Solid Waste and Emergency Response

                                         tor]

                          Regional Administrator

                                 [or their designees]


Enclosure

cc:  Honorable J. Smith, Governor
-------
                             Appendix  B

                            SAMPLE ORDER
 Cr-^fTTT
 «••••«» ^ !

RETURN
          MJSTT
          t *A^ «•
               UNITED STATES SNVI3CNMENTAL PROTECTION AGENCY
In The Matter Of                       )
(Name of Person,                       )
 Firm or Corporation)                  )

Proceeding Under Section 106(a) of the )
Comprehensive Environmental Response,  )
Compensation and Liability Act of 1980 )
(42 USC Section 96G6(a))               )
                                           Docket No.
                               ORDE?.
     The following Order is issued on this date to  (insert name
and address of person, firm or__corporation, along with facility
name or place of business if the Respondent is not  the owner
or operator) ("Respondent(s)"), pursuant to Sl06(a)  of the
Comprehensive Environmental Response, Compensation  and Liability
Act of 1980 (CERCLA)  (42 USC 9606(a)), by authority delegated  to
the undersigned by the'Administrator of the United  States Envi-
ronmental Protection Agency (EPA).  Notice of the issuance of
this Order has heretofore been given to the State of 	 .

     There is an imminent and substantial endangerment to the
public health and welfare and the environment due to a (threat
of a release)(release) of (a) hazardous substance(s) as defined
in §101(14) of CERCLA  (42 USC 9601(14)), from the following
location (the 'Facility"):

                (insert legal description, if known;
              otherwise, use street or route address)

This order directs you to undertake action to protect the public
and the environment from this endangerment.

    *               FINDINGS AND CONCLUSIONS

1.   (Choose one or more of 1A through IE, as appropriate under
      the factual situation of the case.  Do not include headings. )
-------
                               -2-

1A.   i (Present G^ner)- Respondent is now, and  has  been  since
	  , 19	. tne  (owner)(and)(operator) of  the Facility,  as
determined rrcra  (source of information)j.

iB.  [(Fcrrrter owner/operator) - Respondent was,  frcis 	,
1?	, until 	. IT	, t.u.e  (cvnsr) Und) (speratsr!
of the Facility, as determined frsra  (source of  information).
During t'r.zt tins, hazardous substsnces,  irrl'Jdino  those  described
herein, were disposes of at the facility.  Respondent sold or
otherwise transferred and conveyed the Facility  to
on 	, 19	, according to  (property records)JT

1C.   [(Generator) - Respondent (disposed of) (arranged,  by con-
tract or agreement, for the disposal or  transport  for disposal)
of hazardous substances at the Facility  as determined from
(source)].

ID.   [(Transporter) - Respondent chose to accept hazardous
substances for transport to, and disposal at,  the  Facility as
determined from  (source)].

IE.   [(Other Party) (Insert reasons why  ordered  actions  are
necessary to facilitate the abatement of the hazard, prevent  the
aggravation of the hazard, or otherwise  protect  the public health
and welfare' and/or the environment.)]

2.   (Describe the nature of the facility.)

3.   On or about the 	 day of 	, 19	,  an
inspection of the Facility was conducted by     (names)	 ,
(a) duly authorized representative(s) of  (EPA, State agency).
At the time of that inspection, the inspectors observed  the
following conditions existing at the Facility:

     A.   Approximately 1000 drums of liquid, semi-solid
          and solid material, which were leaking,  without
          covers and in various stages of corrosion,
          rusting and other deterioration, located  directly
          on the ground.  Material leaking from said drums
          was observed running approximately 25 yards
          across the site into Crystal Creek, which adjoins
          the Facility, and which is a tributary of Pristine
          River, a navigable water.  According to  records at
          the Facility, materials contained in the  drums
          include:

     *               (describe hazardous  substances)


     B.   An area in the Facility (the "Landfill area")
          of approximately four (4) acres in size,
          without vegetation, from which leachate  was
-------
                               -3-
      t
           ocserved  flowing  approximately  forty  (40)  yards
           ir.to  Crystal  Creek.   Vegetation  had b*sn  killed
           :_  bU.  - -» a -  • £  fc i- -  '-~_u-k~    • __»...».•..»  k.A w _ _ •» _ J c

           -5.C beer,  piac=c  in  the Landfill  area:

                     (list  hazardous  substancas-
                    trsen  continue  with  the following)

     At  the time  cf the inspection,  _____  samples  of the drummed
waste, samples  of  the  leachate from  the Landfill area, and 	
samples  of  fsoil,  surface  water, oroundvater, air,  etc.  )  were
obtained  by the inspector(s).

4.   An  analysis  of the sanples taken at  the  tire  cf the inspec-
tion disclosed  ine  presence at the Facility of the  following
suostances  in the  concentrations set forth:

            (list  hazardous substances and  concentrations
           confirmed by analysis - then continue with
           following sentence)

     These substances  are  "hazardous sunstanies" »s  defined in
5101(14)  of CERCLA/ and are subject  to  the terms and provisions
of  that Act.

5.   The  hazardous  substances  described above are  treated  or
disposed  of at  the  Facility in  such  manner that they (are  being)
(threaten to be ) released and  discharged  from the  Facility into
the (soil, groundwater,, surface water, air, etc.) and  other
parts of  the environment.

6.   (Describe  population or environment at risk and route of
exposure).  Exposure to said hazardous substances may  cause
illness,  disease, death or other harmful effects to  plant  and
animal life and humans.

7.   The  (release)  (and/or) (threat  of release) of  said hazardous
substances may  present  an  imminent and substantial endangerment
to public health and welfare and the environment.

8.   In order to protect human  health and  welfare and  the  environ-
ment,  it  is necessary that action  be taken to contain  and  terminate
the (release) (and/or)  (threat  of  release)  of hazardous substances
from the  Facility into  the environment.
-------
     223cu -j-r-. the fcrsgsir.g ce- = mir.stic.-.s  a.-.i  Findir.gs  of
face, it is nereoy uru^reo ana Oirectea  tnat:

     (NOTE - the Respondent nay be crferea  to  undertake
     any resr*?r«e sc*:iwitv tr»t nay J>^ r^T1:-. rer: ti
     protect public health, welfare and  the environment,
     including, but not limited to, those actions wnich
     the government is authorized to  carrv out under
     CERCLA.)

     (Insert he,re the response actions which EPA  directs
     the Respondent to take at the site.  Each activity,
     (i.e., redrummi.ng cf w»ste, construction  of  fencing,
     levees, submission of plans for  installation of
     monitoring wells, etc.), and the date  for compliance
     with each activity, should be listed separately.)

     (Insert a statement to the effect that other orders
     or action may follow.}

           EFFECTIVE DATE - OPPORTUNITY TO CONFER

     This Order is effective on the twentieth  calendar day
following receipt thereof by Respondent, and all  times for
performance of jresponse activities shall be calculated from
that date.  (Note: For immediate removal situations,  the
effective date will be considerably abbreviated.)

     You may, within t«n calendar days after receipt  of this
Order,  request in writing a conference with  (Official) to
discuss this Order and its applicability to you.  (Note:   For
immediate removal situations, the time for  requesting a hearing
will be abbreviated.  In addition, the Respondent should tie
informed that he or she may make an oral request  for  a con-
ference, to be followed up by written notice within two to
three days.)

     At any conference held pursuant  to your request, you  may
appear in person and by attorney or other representatives  for
the purpose of presenting any objections, defenses or contentions
which you may have regarding this Order.  If you  desire such a
conference, please contact ( name, title, address and telephone
number of EPA contact) within the time set  forth  above for
requesting a conference.
-------
     Respondent  is  advised  that willful violation or  failure  or
refusal  to comply with  this  Order,  or ar.y rcrtic.-: thereof, ray
s«.-j «c c  you  Lr.ws r J _ . s ', -• /  or v.^.~.CL.-i,  (12 *J . 2 . I.  J.? i u o v 3 / / , c-  £
civil penalty  cf not  r.crs  t.-.i.n S300G  for eaoh day ir.  v.-.ion SwO.~
violstion occurs or  such  failure to ccr.ply continue1;.  Failure
to cor.ply with this Order,  or any portion thereof, without
sufficient cause, may suc;ect you under $lC?(c/*'3) of CSPC1A,
(42 U.S.C. S9607(c)(3)} ,  to  liability for punitive damages in  an
amount up to three  times  the amount of  any costs incurred
by the government as  a  result of your failure to take proper
action.
     WITNESS my hand  in  tne  City  of                      , Stats  or
                   as  (title  of  authorized EPA issuinc official '
                    UNITED  STATES  ENVIRONMENTAL PROTECTION AGENCY

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


                           FEB I  9 1987
MEMORANDUM

SUBJECT:  Final Administrative Hearing Procedures for RCRA
          Section 3008(h) Orders

FROM:     Thomas L. Adams, Jr.  *4^**~ V- ,)>&•—k  \
          Assistant Administrator                  \
            for EnforCj^mgjt and Compliance MonitortngN
              _^.  /^5-T
          J. Winston Porter
          Assistant Administrator
            for Solid Waste and Emergency Response

TO:       Regional Administrators
          Regional Counsels
          Regional Waste Management
            Division Directors
          Office of General Counsel
     We are hereby transmitting to you the final version of the
Administrative Hearing Procedures for RCRA Section 3008(h)
Orders (and related General Guidance).  These procedures reflect
the input of a number of commenters from the Regions and other
Headquarters offices to whom we extend our thanks.

     In response to suggestions made on the draft procedures
circulated for comment on November 21  , 1986,  we have made several
changes in the procedures.  These include: (1) allowing the
Presiding Officer and Regional Administrator  to engage in ex
parte contacts, while insuring that any new and relevant informa-
tion glean«
-------
                             -2-


respond«nt'» ability to make major evidentiary submissions at the
hearing rath»r than during prehearinq procedures while insuring
that the Agency may seek Leave to respond after the hearing to
late submissions.  We have also included in the "General Guidance"
which accompanies the Administrative Hearing Procedures a require-
ment that the public be afforded an opportunity to comment on the
Agency's proposed remedy and be given notice of the final remedy
before it is implemented.

     Please also note that these procedures require that initial
corrective action orders tie issued by a Regional official other
than the Regional Administrator.  This requirement insures that
the Regional Administrator, who will issue the final Agency
decision affirming, modifying, or withdrawing the initial order,
is not "tainted" as a decisionmaker by reason of having earlier
performed a prosecutorial function in the same proceeding.
Accordingly, it will be necessary for Regional Administrators,
who have not already done so, to redelegate authority to issue
initial (and final) ^corrective action orders.

     Several commenters have asked whether a request for a hear-
ing under these procedures would prevent an order from becoming
effective, or, stated differently, whether an initial corrective
action order may be enforced after a request for hearing, but
before issuance of the Regional Administrator's final decision.
The Office of General Counsel has determined that, in light of
the language of RCRA Section 3008(b) which indicates that an
order becomes final unless the respondent requests a hearing, the
order may not be enforced once a hearing is requested until a
final Agency decision on the matter is issued.

     In developing these administrative hearing procedures it has
become clear that the regulations in 40 CFR Part 22 governing
adjudicatory hearings on RCRA Section 3008(a) orders for injunctwe
relief and/or penalties, may in certain respects exceed minimum
due process requirements.  Accordingly, we have decided to re-
evaluate these regulations to determine whether, as they apply to
certain RCRA Section- 3008(a) and similar proceedings, they are
unnecessarily cumbersome or burdensome.  Your thoughts on these
questionSFwill be invited at a later date.

Attachment

cc:  Lisa Friedman
     Bruce Weddle
     RCRA Enforcement Branch Chiefs, Regions I-X
1  The procedures contemplate that final orders would  be  signed
by the same official who  issued the  initial order.
-------
                                                                0 IC
GENERAL GUIDANCE ON ISSUANCE OF RCRA SECTION 3008(h) ORDERS

     1.  To satisfy the public hearing requirement  of Section
3008(b) , unilateral RCRA administrative orders issued oursuant to
Section 3008(h) must provide the named person or persons with the
opportunity for a hearing.  This guidance document and the
attached hearing procedures set forth the procedures for issuing
an administrative order for corrective action and conducting a
hearing, except for hearings for the following types of orders-.
(1)  Section 3008(h) orders that are combined in one order with
claims under Section 3008(a);  (2)  Section 3008(h)  orders that
include a suspension or revocation of authorization to operate
under Section 3005(e);  and  (3)  orders issued under Section
3008(h) seeking penalties under Section 3008(h)(2)  for noncorapli-
ance with a Section 3008(h) order.  Hearings for the three above-
outlined categories of orders must be held under 40 CFR Part 22.
The procedures in 40 CFR Part 22 do not apply to other orders
issued under Section 3008(h).

     2.  Except in unusual  circumstances, for orders not  issued
on consent, separate orders will be issued for distinct phases of
work rather than a. single, multiple phase order.  Consent orders
may also be issued in a similar fashion.
     Accordingly, when a particular corrective action  is  likelv
ultimately to involve studies, interim measures, and remedy, the
first order should address  the studies (including both the RCRA
Facility Investigation, during which the nature and extent of
any releases are characterized, and the Corrective Measures
-------
                             -2-
Study, during which proposals for remediation are developed) and
any known interim measures.  A subsequent order(s) should address
additional actions to be undertaken.  A copy of the "Administra-
tive Hearing Procedures for RCRA Section 3008(h) Orders" (not to
include the "General Guidance on Issuance of RCRA Section 3008(h)
Orders") should accompany each initial administrative order.  A
hearing under these procedures may be requested by a respondent
whenever a new order is issued.
     3.  Prior to the issuance of an initial administrative order
or a final administrative order on consent,  the EPA office issuing
the order shall prepare an administrative record supporting the
findings of fact, determinations of law and relief in the initial
order or final order on consent.  The administrative record must
have an index and be available for review during normal business
hours, after issuance of an order.  The order must state when and
where the record is available for review.
     4.  The record shall include, subject to applicable law
restricting the public disclosure of confidential information and
deliberative material, all relevant documents and oral  information
(which has been reduced to writing) which the Agency considered
in the process of issuing the order, including:  (1) EPA records
on conditions at the facility, such as inspection reports, sampl-
ing and analytical data, business records, and photographs;
(2) other reports and internal Agency documents used in generating
or supporting the enforcement action; (3) copies  of  all  relevant
correspondence between EPA and the respondent;  (4) written records
-------
                             -3-

of relevant conferences and telephone conversations between EPA
and the respondent; (5) copies of correspondence between EPA and
State or other federal agencies pertaining to the enforcement
action; and (6) comments submitted by the public during the public
comment period on the RCRA Facility Investigation/Correct ive
Measures Study results and proposed remedy,  EPA's responses to
significant comments,  and any statement of the basis and purpose
of the proposed corrective measures prepared by EPA.
     5.  Following the respondent's submission of its report on
the RCRA Facility Investigation and Corrective Measures Study the
Agency shall develop a proposed plan for corrective measures.  The
Agency shall prepare a document that summarizes the data relating
to releases, outlines the recommendations contained in the
Corrective Measures Study, and indicates briefly why EPA has
adopted the proposed plan for corrective measures.
     The Agency shall then (1) publish a notice and brief analvsis
of the proposed plan for corrective measures and make such olan
available to the public, and (2) provide a reasonable opportunity
(ordinarily 30-45 days) for submission of written comments and
(in the event the Regional Administrator deems it appropriate) a
public meeting on the plan.  If the Regional Administrator denies
a request for a public meeting, he shall explain his decision in
writing.
     The Agency shall, as necessary, modify  its proposed plan for
corrective measures on the basis of written and oral comments
received.  Prior to issuance of the initial  order for corrective
-------
                            -4-
measures the Agency shall prepare a responsiveness summary



indicating whether and why it has accepted or rejected any sig-



nificant comments.  Following finalization of the order tor



corrective measures but before implementation of corrective



measures, notice of the final plan for corrective measures shall



be published and the plan shall be made available to the public.



     Where, in the interest of protecting human health and the



environment, it is important that interim corrective measures be



implemented quickly, no advance opportunity for written or oral



comments will have to be afforded to the public.  Here, EPA will



simply provide substantially contemporaneous notice to the public



of interim measures implemented.  It is further contemplated



that, where the Agency has directed the owner/operator to under-



take certain remedial investigations but later determines that no



corrective measures are required, the public shall have an oppor-



tunity to comment on this determination to the same extent as  LC



may comment on a proposed plan for corrective measures.



     Public involvement beyond that provided for herein is



allowable at the discretion of the Regional Administrator.  It a



facility is on the National Priorities List, those additional



procedures for public participation contained in the National



Contingency Plan at 40 C.F.R. 300 e_t s e q. must be followed.



     6.  A flow chart of the 3008(h) corrective action process



indicating the points at which opportunities for public involve-



ment or notice will normally occur is attached.
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SUMMARY FOR
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ADMINISTRATIVE HEARING PROCEDURES FOR RCRA SECTION 3008(h) ORDERS



                               I.



      1.  An administrative action under Section 3008(h) of the



Resource Conservation and Recovery Act (RCRA) shall be commenced



by issuance of an administrative order.  When the order is issued



unilaterally, the order shall be referred to as an initial admin-



istrative order and may be referenced as a proceeding under



Section 3008(h).  When the order has become effective, either



after issuance of a final order following a final decision by the



Regional Administrator or after thirty days from issuance it no



hearing is requested, the order shall be referred to as a final



administrative order.  Where the order is agreed to by the parties,



the order shall be denominated as a final administrative order on



consent.



     2.  The initial administrative order shall be executed by



an authorized official of EPA (petitioner) , other than the Regional



Administrator or the Assistant Administrator for the Office of



Solid Waste and Emergency Response.  For orders issued by EPA



Headquarters, rather than by a Regional office, all references



in these procedures to the Regional Administrator shall be under-



stood to be to the Assistant Administrator for the Office of



Solid Waste and Emergency Response or his delegatee.



     3.  A Clerk shall be designated by the Regional Administra-



tor to receive all initial orders, final orders, responses,



memoranda, and documents regarding the order and to maintain the



official record and docket.
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                            -2-
     4.  The original and one copy of the initial administrative
order, the final decision and the final administrative order,  and
one copy of the administrative record and an index thereto must
be filed with the Clerk designated for Section 3008(h) orders.
In addition, all memoranda and documents submitted in the proceed-
ing shall be filed with the Clerk.
     5.  The Clerk (or some other designated EPA employee) shall
arrange for the effectuation of service of the initial administra-
tive order, the final decision, and final administrative order.
Service of a copy of the initial administrative order together
with a copy of these procedures, the final decision,  or a final
administrative order, shall be made personally or by certified
mail,  return receipt requested, or, if personal service can not
be effectuated or certified mail is returned refused or unsigned,
by regular mail, on  the respondent or his representative.  The
Clerk  shall serve other documents from the Presiding Officer by
regular mail.
     6.  Service of  all documents, filed by the parties, shall
be made by the parties or their representatives on other parties
or their representatives and may be made by regular mail, with
the original filed with the Clerk.
     7.  Service of  the initial administrative order  and final
administrative order is complete upon receipt by respondent
(or the respondent's agent, attorney, representative  or other
person employed by respondent and receiving such service),
personally or by certified mail, or upon mailing by regular
mail if personal service or certified mail can not be accom-
plished, in accordance with Paragraph 5.  Service of  all  other
-------
                             -3-
pleadings and documents is complete upon mailing, except as
provided in Paragraphs 15 and 25.
     8.  The initial administrative order becomes a final admin-
istrative order thirty (30) days after service of the order,
unless the respondent files with the Clerk within thirty (30)
days after service of the order, a response to the initial order
order and requests a hearing.
     9.  The response to the initial order and request for a hear-
ing must be in writing and mailed to, or personally served on,
the Clerk of the Region which issued the order.
     10.  The response to the initial order shall specify each
factual, or legal determination, or relief provision in the
initial order the respondent disputes.
     11.  Upon receipt of a request for a hearing, the Regional
Administrator shall designate a Presiding Officer to conduct  the
hearing and preside over the proceedings.
     12.  The respondent may request an informal settlement con-
ference at any time by contacting the appropriate EPA employee,
as specified in the initial administrative order.  A request  for
an informal conference will not affect the respondent's obligation
to timely request a hearing.
     Whether or not the respondent requests a hearing, the parties
may confer informally concerning any aspect of the order.   The
respondent and respondent's representatives shall generally be
allowed the opportunity at an informal conference to discuss  with
the appropriate Agency technical and legal personnel all aspects
-------
                               -4-
of the order, in particular the  basis  for  the  determination  that
a release has occurred and the appropriateness of the ordered
corrective action.
     13.  If the initial order directs the respondent (a)  to
undertake only a. RCRA Facility Investigation and/or Corrective
Measures Study,  which may include monitoring,  surveys,  testing,
information gathering, analyses,  and/or studies (including studies
designed to develop recommendations  for appropriate corrective
measures), or (b) to undertake such  investigations and/or  studies
and interim measures,  which are  neither costly nor technically
complex and are necessary to protect hunan health and the  environ-
ment prior to development of a permanent remedy,  the hearing
procedures set forth in Section II,  A., Paragraphs 14 through  19,
shall be employed for any requested  hearing.   If  the respondent
seeks a hearing on an order directing that corrective measures  or
such corrective measures together with studies be undertaken, the
hearing procedures set forth in Section II,  B., Paragraphs 20
through 30, shall be employed.  The  procedures contained in
Section I, Paragraphs 1  through 13 and Section III, Paragraphs  31
through 33 shall be followed regardless of whether the  initial
order directs respondent to undertake an investigation or  imple-
ment corrective measures.

                            II.
A. Hearings on Orders Requiring Investigations or Studies
     14.  The Presiding Officer shall be any employee of  the Agency
designated by the Regional Administrator other than a person
-------
                              -5-

who drafted or participated in drafting the order in question.
     If, after issuance of the initial order and prior to issuance
of the final order, the Regional Administrator, Presiding Officer,
or any person who will advise these officials  in the decision on
the case receives from or on behalf of any party in an ex parte
communication information which is relevant to the decision on
the case and to which other parties have not had an opportunity
to respond, a summary of such information shall be served on all
other parties,  who shall have an opportunity to reply to  same
within ten (10)  days of service of the summary.
     15.  The Presiding Officer shall establish the date  and time
for the requested public hearing.  Subject to Paragraph 16, the
hearing shall be scheduled and held within thirty (30) days of
the Agency's receipt of the request for a public hearing.
     At any time up to five (5) business days before the  hearing
respondent may,  but is not required to, submit for inclusion in
the administrative record information and argument supoorting
respondent's positions on the facts,  law, and relief, as  each
relates to the order in question.  All factual reoresentations
made by respondent must be in writing by affidavit.  A copy of
any information  or argument submitted by respondent shall be
served such that the Clerk and petitioner receive sane at least
five (5) business days before hearing.
     16.  The Presiding Officer may grant an extension of time
for the conduct  of the hearing, upon written request of either
party, for good cause shown, and after consideration of any
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                              -6-





prejudice to other parties.  The Presiding Officer may not



extend the date by which the request for hearing is due under



paragraph 8.



     17.  The hearing shall be held in the city in which the



relevant EPA Regional Office is located, unless the Presiding



Officer determines that there is good cause to hold it in another



location.



     18.  The Presiding Officer shall establish the agenda for



the hearing and conduct the hearing in a fair and impartial way,



taking action as needed to avoid unnecessary delay, exclude



redundant material, and maintain order during the proceedings.



Representatives of EPA shall introduce the administrative record



and be prepared to summarize the basis for the order.   The



respondent shall have a reasonable opportunity to address relevant



issues and present its views through legal counsel or  technical



advisors.  The Presiding Officer may also allow technical and



legal discussions and interchanges between the parties, including



responses to questions to the extent deemed appropriate.  It is



not the Agency's intent to provide EPA or respondent an oppor-



tunity to engage in direct or cross examination of witnesses.



Where respondent can demonstrate that, through no fault of its



own, certain documents supportive of its position could not have



been submitted before hearing in accordance with the requirements



of Paragraph 15, it may submit such documents at hearing.  Other-



wise no new documentary support may be submitted at hearing.



Unless otherwise directed by the Presiding Officer, factual
-------
                             -7-

representacions made by respondent shall be in writing by
affidavit.  The Presiding Officer may upon request grant petitioner
leave to respond to submissions made by respondent pursuant  to
this paragraph or Paragraph 15.
     1.9.  As soon as practicable after the conclusion of the
hearing a written summary of the proceeding shall be prepared.
This summary shall, at a minimum, identify (a) the dates of  and
known attendees at the hearing, and (b) the bases upon which the
respondent contested the terms of the order.   The sunraary must
be signed by the Presiding Officer.
     The Presiding Officer will evaluate the entire administrative
record and, on the basis of that review and the representations
of EPA and respondent at the hearing, shall prepare and file a
statement recommending to the Regional Administrator that the
initial order be modified,  withdrawn, or issued without modifica-
tion.  The statement must address all significant arguments
raised by respondent and provide support, through citation to
material contained in the record or adduced at the hearing,  for
any decision to modify a term of the order, withdraw the order,
or issue the order without  change.
    The statement shall be based on the administrative record,
including the hearing and supplemental submissions.  If the
Presiding Officer finds that there is not adequate support in
the record for the initial  order, the Presiding Officer may
recommend that the order be modified and issued on terras that are
supported by the record, or withdrawn.
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                              -8-
B.  Hearings on Orders Requiring Corrective Measures
    20.  The Presiding Officer shall be either the Regional
Judicial Officer, or another attorney employed by  the Agency  who
has had no prior connection to the Section 3008(h) initial order
that is the subject of the proceeding.
     If, after issuance of the initial  order and prior to issuance
of the final order, the Regional Administrator,  Presiding Officer,
or any person who will advise these officials  in the decision on
the case receives from or on behalf of  any party in an e_x parte
communication information which is relevant to the decision on the
case and to which other parties have not  had an  opportunity to
respond, a summary of such information  shall be  served on all other
parties, who shall have an opportunity  to reply  to same within
ten (10) days of service of the summary.
     21.  The Presiding Officer shall establish  an expeditious
schedule for:  (a) the submission by respondent  of a memorandum,
with appropriate affidavits and exhibits, stating  and supporting
respondent's position on the facts, law and relief, specifying
the bases upon and manner in which such determinations or relief
provisions, if erroneous, require modification or withdrawal  of
the order; (b) submission of a response by EPA;  and (c) a public
hearing.  Subject  to paragraph 22., a hearing shall be scheduled
within 45 days of the order setting the schedule.
     22.  The Presiding Officer, as appropriate, may grant an exten
sion of time for the filing of any document, other than a request
for a hearing under paragraph 8, or may grant an  extension of
-------
                            -9-
t ime for the conduct of the hearing, upon written request of
either party, for good cause shown  and after consideration of any
prejudice to other parties.
     23.  In accordance with the schedule set by the Presiding
Officer, the respondent shall file  a memorandum stating and
supporting respondent's position on the facts,  law and relief.
The memorandum must identify each factual allegation and all
issues regarding appropriateness of the terms of the relief in
the initial order that respondent contests and for which
respondent requests a hearing.  The memorandum must clearly state
respondent's position with respect  to each such issue.  Respondent
must also include any proposals for modification of the order.
Respondent must submit affidavits and exhibits which support anv
of its factual contentions on relief and defenses.   The memorandum
shall also present any arguments on the legal conclusions con-
tained in the order.
     24.  The respondent may file a request with the Presiding
Officer for permission to submit written questions  to the EPA
Regional Office issuing the order concerning issues of material
fact in the order.  Requests shall be accompanied by the proposed
questions.  In most instances, no more than twenty-five (25)
questions, including subquestions and subparts, may be posed.
The request and questions must be submitted to the Presiding
Officer at least twenty-one (21) days before the hearing.
     The Presiding Officer may direct EPA to respond to such
questions as he designates, if he determines that such questions
-------
                             -10-
are required for full disclosure and adequate resolution of the
facts.  No questions shall be allowed regarding matters of policy
or privileged internal communications relating to the deliberative
process.  The Presiding Officer shall grant,  deny,  or modify such
requests expeditiously.  If a request is granted, the Presiding
Officer may revise questions and may limit the number and scope of
questions.  Questions may be deleted or revised in  the discretion
of the Presiding Officer for reasons, which may include the fact
that he finds the questions to be irrelevant, redundant,  un-
neccessary, or an undue burden on the Agency.  The Presiding
Officer shall transmit the questions as submitted or as modified
to EPA.  EPA shall respond to the questions within fourteen (14)
calendar days of service of the questions by the Presiding
Officer, unless an extension is granted.
     25.  The Presiding Officer shall have the discretion to order
either party to submit additional information  in whatever form he
deems appropriate.  The Presiding Officer may issue subpoenas for
the attendance and testimony of persons and the production of
relevant papers, books, and documents.  Since these hearing
procedures provide elsewhere that the parties  are not to engage
in direct, or cross examination of witnesses and must make any
factual representations in writing by affidavit, the subpoena
power is to serve only as an adjunct to the Presiding Officer's
authority  to ask questions and otherwise take  steps  to clarify
factual matters which are in dispute.  Upon request of the
respondent, the Presiding Officer may,  in his  discretion, allow
-------
                             -11 -
submittal by the respondent of additional information in support



of  its claim, if it is received by the Clerk and petitioner at



least five  (5) business days before the hearing.



     26.  The hearing shall be held in the city in which the



relevant EPA Regional Office is located, unless the Presiding



Officer determines that there is good cause to hold it in



another location.



     27.  The Presiding Officer shall conduct the hearing.  The



Presiding Officer shall conduct a fair and impartial hearing,



take action to avoid unnecessary delay in the disposition of the



proceedings, and maintain order.  The Presiding Officer shall



permit oral statements on behalf of the respondent and EPA.  The



Presiding Officer may address questions to the respondent or the



EPA representative during the hearing.  Although oral statements



will be permitted at the hearing, unless otherwise directed by



the Presiding Officer, all factual matters to be presented by



respondent must be in writing by affidavit.  Apart from questions



by the Presiding Officer, no direct examination or cross-exaTi ina-



tion shall be allowed.



     Upon commencement of the hearing, a representative of EPA



shall introduce the order and the record supporting issuance of



the order, and summarize the basis for the order.  The respondent



may respond to the administrative record and offer any facts,



statements, explanations or documents which bear on any issue tor



which the hearing has been requested.  Any such presentation by



respondent may include new documents only to the extent that
-------
                              -12-
respondent can demonstrate that, through no fault of its own,



such documents could not have been submitted before hearing in



accordance with the requirements of Paragraphs 23 and 25.  The



Agency may then present matters solely in rebuttal to matters



previously presented by the respondent.  The Presiding Officer



may allow the respondent to respond to any such rebuttal submitted.



The Presiding Officer may exclude repetitive or irrelevant matter.



The Presiding Officer may upon request grant petitioner leave  to



respond to submissions made by respondent pursuant to this paragraph



or Paragraph 25.



     28.  The hearing shall be either transcribed stenographic-



ically or tape recorded.  Upon written request, such transcript



or tape recording shall be made available for inspection or



copying.



     29.  The transcript or recording of the hearing and all



written submittals filed with the Clerk by the parties subsequent



to initial issuance of the order including post-hearing sub-



missions will become pare of Che administracive record for che



proceeding, for consideration by the Presiding Officer and Regional



Administrator.



     30.  The Presiding Officer will, as soon as practicable after



the conclusion of the hearing, evaluate the entire administrative



record and, on the basis of the administrative record, prepare



and file a recommended decision with the Regional Administrator.



     The recommended decision must address all material  issues of



fact or law properly raised by respondent, and must recommend  that



the order be modified, withdrawn or  issued without modification.
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                               -13-






The recommended decision must provide an explanation, with



citation to material contained in the record, for any decision to



modify a term of the order, to issue the order without change or



to withdraw the order.



     The recommended decision shall be based on the administrative



record.  If the Presiding Officer finds that there is not adequate



support in the record for any contested required action, the



Presiding Officer may recommend that the order be modified and



issued on terms that are supported by the record, or withdrawn.





                             Ill





     31.  As soon as practicable after receipt of either the



summary and statement or the recommended decision, the Regional



Administrator will either sign, or modify such statement or



recommended decision, and issue it as a final decision.  The



Regional Administrator's decision shall be based on the admin-



istrative record.



     32.  If the Regional Administrator does not adopt portions



of the initial order, or finds that modification of the order is



necessary,  the signatory official on the initial administrative



order shall modify the order in accordance with the terms of the



final decision and file and serve a copy of the final administra-



tive order.  If the Regional Administrator finds the initial



order appropriate as originally issued, the final decision shall



declare the initial administrative order to be a final order,



effective upon service of the final decision.  If the Regional



Administrator declares that the initial order must be withdrawn,
-------
                                -14-
the signatory official on the initial administrative order will
file and serve a withdrawal of the initial administrative order.
This may be done without prejudice.
     33.  The final decision and the final administrative order
are final agency actions that are effective on filing and service.
These actions are not appealable to the Administrator.
-------
             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460               9901 , L-
                             MAY   5 1987
                                                          OFFICE OF
                                                 SOLID AASTF. AND EMERGENCY RESPONSE
MEMORANDUM

SUBJECT:   Guidance for Public Involvement  In RCRA
           Section 300,8 (h) Actions
                6'-- •'• --^i
FROM:      J. Winston Porter
           Assistant Administrator

TO:        ADDRESSEES


     EPA is committed to providing meaningful opportunity  to  the
public to be informed of and participate  in decisions  that affect
them and their communities.  This memorandum provides  guidance
on public involvement actions taken under Section 3008(h)  of  the
Resource Conservation and Recovery Act  (RCRA).

     It is highly likely that corrective  action activities, which
differ from normal operations at a facility, will generate
public concern.  The nature of the problem  and the visibility of
corrective action activities are two reasons for EPA to  involve
the public during the corrective action process.  If the public
is informed early, and allowed to be involved in the decision-
making, it is less likely that there will be opposition  to the
decisions that are made.  Also, valuable  information can be
obtained from concerned citizens who may  know the site and facility's
history.

     Section 3008(h),  the interim status  corrective action authority,
allows EPA to take enforcement action to  require clean-up  at  a
RCRA interim status facility when the Agency has information
that there has been a release of hazardous  waste or hazardous
constituents.  We anticipate that the cleanup program  under
Section 3008(h) will frequently be implemented with two  orders.
The first order would require the owner or  operator to conduct a
study to characterize the nature and extent of contamination,
and to develop a remedy or alternative remedies as needed.  Once
a remedy has been selected, a second order  would require design,
construction, and implementation of that  remedy.
-------
                               -2-                        9901.3


MINIMUM PUBLIC INVOLVEMENT REQUIREMENTS

     Although there will be many situations where much additional
public involvement will be necessary, I would like to emphasize
that there are minimun requirements for all 3008(h) orders,
whether on consent or unilateral.  Following the respondent's
submission of its report on the RCRA Facility Investigation and
Corrective Measures Study, the Agency will develop a proposed plan
for corrective measures, or make the decision that no corrective
measures are necessary.  The Agency shall then (1) publish a
notice and brief analysis of the proposed plan for corrective
measures,  or of its decision that no corrective measures
are necessary, and make such information available to the public,
and (2) provide a reasonable opportunity (ordinarily 30-45 days)
for submission of written comments and,  if the Regional Administrator
deems it appropriate, a public meeting on the plan.  If the
Regional Administrator denies a. request for a public meeting, he
shall explain his decision in writing.

     The Agency shall, as necessary, modify its proposed plan for
corrective measures on the basis of written and oral comments
received.   Prior to issuance of the initial order for corrective
measures the Agency shall prepare a responsiveness summary indicating
whether and why it has accepted or rejected any significant
comments.   Following finalization of the order for corrective
measures but before implementation of corrective measures, notice
of the final plan for corrective measures shall be published and
the plan shall be made available to the public.

     Where, in the interest of protecting human health and the
environment, it is Important that interim corrective measures be
implemented quickly, the public will have no advance opportunity
for written or oral comments.  Here, EPA will simply provide
substantially contemporaneous notice to the public of interim
measures being implemented.

EXPANDED PUBLIC INVOLVEMENT MAY BE NECESSARY

     The degree of public involvement in a. corrective action program
will be determined by the amount of public interest in the site,
the actual or potential hazard to human health or the environment
and the type of clean-up action that will be undertaken.  In
general, if the Agency has identified releases and determined
that they require investigation, the public should be informed
that studies are underway.  The Region may also want to hold
additional public meetings if there is a lot of interest in the
facility.   The public should be made aware of significant technical
issues at the site.  There will be occasions where affected
citizens can make valuable contributions to remedy selection
through participation in technical discussions with owners or
operators and government representatives.
-------
                                                           9901.3
     We strongly urge the use of a public involvement plan for
sites in which there is likely to be significant public interest.
At appropriate points during the process/ fact sheets can be
developed that should both inform the public and allay fears
that could surface if no substantive knowledge were made available.
A public involvement plan tailored to each site can also be very
helpful.  You may refer to Community Relations in Superfund;
A Handbook March 1936, and Public Involvement Guidance in the
Permitting Program, March 1986,Directive 9500.01,forfurther
information on public involvement techniques and process.  The
regional RCRA public involvement coordinator can also offer
valuable information and assistance.

     There are limitations on the release or discussion of certain
information during the §3008(h) enforcement process.   This is
especially true during negotiations.   The confidentiality of
statements made during the course of negotiations must be maintained.
Our goal during negotiations is to encourage frank discussion of
all issues,  and try to resolve differences.   Public disclosure
of this information would jeopardize the success of the negotiations.
Disclosures of strengths and weaknesses of a case, information
that is privileged and protected under the law,  enforcement
strategy and timing would also jeopardize the government's enforce-
ment position.  If a case is referred to the Department of Justice
to initiate litigation,  further constraints may be placed upon
public involvement.  In this situation, the scope of public
involvement .should be discussed with the lead DOJ attorney.

     Coordination among EPA and/or State personnel is very important.
At some sites, RCRA Permits and Enforcement Personnel and Superfund
will be involved,  and a coordinated approach will serve the
Agency and the public best.   In order to establish a network
whereby information can be exchanged, I would like each region
to appoint a coordinator for public involvement in §3008(h)
orders.   This person may be from either your public involvement
or enforcement staffs.   Please call Jackie Tenusak of my staff
at FTS 475-8729 with the name of your contact.

     Thank you for your attention to  this matter.   Please do not
hesitate to call me,  or any of our public involvement staff,  if
you have questions.
-------
                                                       9901.3
ADDRESSEES

Regional Hazardous Waste Management Division Directors,
Regions I-X

RCRA Enforcement Section Chiefs
Regions I-X

RCRA Enforcement Branch Chiefs
Regions I-X

Public Involvement/Community Relations Coordinators
Regions I-X

cc:  Pamela Garrow, OWPE
     Olga Corey, OWPE
     Vanessa Musgrave, OSW
     Melissa Friedland, OERR
-------
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          PUBLIC INVOLVEMENT IN RCRA §3008(h)
         RCRA FACILITY
         ASSESSMENT

            RFA
         RCRA FACILITY
         INVESTIGATION


             RFI
             I
          CORRECTIVE
          MEASURES
            STUDY


            CMS
          CORRECTIVE
          MEASURES
        IMPLEMENTATION
             CMI
Required
Suggested
                                          Conduct Field
                                          Assessment


                                          Public Involvement
                                          Plan


                                          Public Meetings
  Fact Sheets


  Public Meetings
                                          Agency Issue
                                          Notice/Analysis of
                                          Proposed Corrective
                                          Measures Plan


                                          Public Comment
                                          Period


                                          Responsiveness
                                          Summary


                                          Notice Final Plan for
                                          Corrective Measure
.  Fact Sheets


.  Public Meetings
-------
                                     • C>0 ~ \ K
GUIDANCE ON PUBLIC  INVOLVEMENT IN THE



       RCRA PERMITTING PROGRAM
         Office of Solid Waste



  U.S.  Environmental Protection  Agency
             January 1986
-------
                            CONTENTS



Chapter                                                               Page

   1.   Introduction	   1

   2.   Policy and Guidelines for Public  Involvement	   2

   3.   Key Activities During the Permitting Process	  12

   4.   Techniques for Conducting Public  Involvement Activities	  19

   5 .   Special Issues	  47

       5.1  Public Involvement in Exposure Assessments [reserved]

       5.2  Public Involvement in Incinerator Certification
            [reserved]

       5.3  Public Involvement in Corrective Action [reserved]

       5.4  Public Involvement in Siting New Facilities [reserved]



   Appendix A:  Format  for Public Involvement Work Plans

   Appendix B:  Samples of Written Materials and Publications
-------
                                 PREFACE
    This guidance document was developed by the Office of Solid Waste with
support from IGF Incorporated under Contract No. 68-01-6861.   It is intended
to assist the EPA regional offices and state agencies in expanding public
involvement in RCRA permitting, as suggested in EPA's National Permits
Strategy.

    This guidance document incorporates strategies and techniques previously
developed for and already used by EPA.  It includes excerpts  or adaptations
from the following documents:

Community Relations in Superfund:  A Handbook.   Prepared by IGF Incorporated
for the U.S. EPA.  September 1983.

EPA and the Public:  A Handbook on Public Participation Concepts and Skills.
    Barry Lawson Associates, Inc.  1981.

"Responsiveness Summary and Preamble on Public Participation  Policy,"
    Vol. 46, Federal Register, No. 12.  1981.

How to Write a Public Notice:  A Collection of Examples.  Barry H. Jordan.
    U.S. EPA Water Programs Operations.  December 1979.

Implementation of the Resource Conservation and Recovery Act,  U.S. EPA,
    No. EPA/530-SW-84-007.  1984.

Citizen Participation Handbook for Public Officials and Other Professionals
    Serving the Public.  Annemarie and Hans Bleiker.   1981.
-------
                         1.  INTRODUCTION
    This guidance has been prepared for staff in U.S. Environmental Protection
Agency (EPA) regional offices and in authorized states to facilitate public
involvement in the permitting of hazardous waste management facilities under
the Resource Conservation and Recovery Act (RCRA).   It outlines a basic
approach to involving the local community in decision-making on a facility's
permit, and identifies a series of key activities that should be conducted
during the permitting process.  The emphasis is on explaining how to plan and
organize public involvement efforts.  Suggested techniques for issuing public
notices, holding meetings, responding to comments,  and performing similar
activities are also explained.

    This guidance reflects EPA policy as stated in the National Permits
Strategy (August 1984).   It incorporates public participation requirements in
RCRA section 7004(b)(l)  and in EPA regulations on procedures for decision-
making in 40 CFR Part 124, Subpart A.

    The organization of  this guidance is as follows.  Chapter 2 presents EPA's
policy and general guidelines for public involvement in RCRA permitting.
Chapter 3 suggests activities for particular points in the permitting process
to aid in planning, designing, and organizing a public involvement effort for
a facility.  Chapter 4 is a "how to" presentation.   It consists of discussions
of typical public involvement activities, with explanations of techniques for
preparing and conducting these activities in the context of hazardous waste
management facility permitting.  Chapter 5 (reserved) addresses special issues
that may require particular attention in planning a public involvement
effort.  There are two appendices.  Appendix A provides a format for the plans
to be used to help prepare public involvement efforts, and Appendix B provides
samples of materials for public distribution.

    For further information on this guidance, contact Vanessa Musgrave in the
Office of Solid Waste at (202) 382-4751.
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                                   -2-
          2.  POLICY AND  GUIDELINES  FOR  PUBLIC INVOLVEMENT
    Public involvement in the permitting of hazardous waste treatment,
storage, and disposal facilities provides an opportunity for all potentially
affected and interested parties to become informed about and involved in the
permitting process.  Whether the final determination is to issue or deny a
permit, public involvement ensures that decision-makers are better informed.
Early public involvement can provide decision-makers with advance notice of
citizens' concerns.  It can also provide valuable information and ideas for
consideration in developing environmentally protective permit conditions.   The
result will be permits better matched to particular facilities and their
respective communities, and which will ultimately serve more effectively as a
basis for sound hazardous waste management practices.  Indeed, an active and
early public involvement program may reduce delays in the permit process by
decreasing the likelihood of time-consuming and expensive litigation by
parties whose concerns have not been heard or addressed.

    Accordingly, EPA's National Permits Strategy assigns high priority to
early and expanded public involvement in facility permitting under RCRA.  This
guidance has been developed by the Permits Branch of EPA's Office of Solid
Waste to support the implementation of an early and expanded public
involvement program.  The guidelines" it offers are presented pursuant to the
National Permits Strategy and to the public participation provisions of RCRA
section 7004 and EPA regulations in 40 CFR Part 124.  It has been prepared for
use both by the EPA regional offices and by states authorized to issue RCRA
permits.

    This chapter of the guidance document is a policy statement that outlines
the objectives of public involvement in the permitting program and offers
basic guidelines for ensuring opportunities for the public to participate.
Chapter 3 explains how to integrate public involvement with decision-making on
a facility permit.

2.1  OBJECTIVES  AND  RATIONALE

    The objectives of encouraging public involvement in RCRA permitting are as
follows:

        •   Create early and continuing opportunities for public
            participation in RCRA permitting activities.

        •   Ensure public understanding of the RCRA program and of the
            implications of not awarding a final RCRA permit to a
            facility.

        •   Obtain the public's input to assist in evaluating a
            permit's environmental soundness.
-------
                                   -3-
        •   Create equal and open access to the permitting process.

        •   Ensure agency understanding of and responsiveness to
            public concerns.

        •   Anticipate conflicts and provide early means for
            resolution.

        •   Foster trust and openness between EPA or the state and the
            public.

        •   Emphasize the responsibilities of agency and program
            management for promoting effective public involvement in
            decis ion-making.

2.2  SCOPE OF APPLICABILITY OF PUBLIC  INVOLVEMENT PROGRAM

    The National Permits Strategy establishes as a key priority of the RCRA
program the focusing of permitting and enforcement resources on
environmentally significant facilities.  While some of these facilities may
also be significant in terms of public interest and concern, others may not.
Because resources for expanded public involvement activities should be
concentrated on the facilities that generate the most public concern, all
environmentally significant facilities should be seriously considered, but not
automatically targetted, for expanded public involvement.

    The National Permits Strategy specifies the following criteria, in
summary, for an environmentally significant facility:

        •   The facility is a recipient of wastes from a Superfund
            site;

        •   The facility has caused environmental damage, violated
            environmental standards, or disregarded RCRA regulations;

        •   The facility is a suspected source of ground or
            surface water contamination; or

        •   The facility poses significant environmental risk,
            based on proximity to population centers or ground or
            surface water; size; amount, nature, or complexity of
            wastes; and age.

    The highest-priority environmentally significant facilities for expanded
public involvement -- which will be referred to as "targetted facilities"
throughout this guidance manual -- are further clarified as the following:

        (1) All existing, environmentally significant, commercial
            hazardous waste treatment/storage/disposal/incineration
            facilities.
-------
                                   -4-
        (2) All existing hazardous waste treatment/storage/disposal
            facilities about which significant public interest or
            concern has already been expressed, or about which
            significant public interest can reasonably be
            anticipated.

Predicting which facilities will generate significant public interest is not
always possible.  However, a number of factors have been shown to be typically
associated with significant public interest or concern.   In order to target
facilities for public involvement efforts, an attempt should be made to
discover if any of the following situations exist for a facility:

        •   The owner or operator lacks credibility with, or the
            trust of, the public or local officials;

        •   The permit allows the transportation of Superfund
            hazardous wastes to or from the facility;

        •   The public perceives that the facility poses major
            health risks;

        •   The type of technology proposed in the permit (e.g.,
            incineration, underground injection, landfill, etc.) has
            a negative reputation in that particular area;

        •   Facility non-compliance or violations have been highly
            publicized or will be made known by the permit process
            fin general, the more serious the continuing
            non-compliance, the more public interest likely to be
            generated);

        •   The facility has been or will likely become an
            election issue; or

        •   Major hazardous substance releases or accidents have
            been recently publicized in the area.

Public involvement efforts are also very important in the siting of new
facilities or the expansion of existing facilities.  The local public may have
special concerns about proposals for a new waste management facility in the
community.  Moreover, new incineration and treatment facilities offer
alternatives to land disposal of hazardous wastes.  Thus, a third type of
targetted facility for public involvement efforts is the following:

        (3) All proposed (not yet sited, constructed, or permitted)
            treatment or incineration facilities, both at new sites
            and as additions to existing sites.
-------
2.3  GUIDELINES

    The following guidelines should be considered in planning for public
involvement in the RCRA permitting program and in conducting the activities
described in Section 2.6 and Chapter 3:

        •   Public involvement efforts should be tailored to the
            distinctive issues and individual features of the facility
            and the surrounding community.

        •   The applicant and other responsible government agencies
            should have a role in public involvement efforts, especially
            to help clarify or resolve issues that may be related to the
            permit but are not or cannot be appropriately addressed  by
            the RCRA permit process.

        •   Small-scale, low-profile,  informal communications
            techniques are preferred.   Public meetings may be held in
            informal settings, before  small audiences, without elaborate
            presentations (e.g., in living rooms).  They need not be
            conducted by high-level staff.

        •   In general, public involvement actions should extend
            beyond providing information to the public; they should
            actively reach out to the  public, encourage participation,
            and provide an opportunity for public input on permit
            decisions made by EPA or the state.

2.4  KEY AREAS  OF PUBLIC  INTEREST

    Because of certain provisions in the 1984 RCRA amendments, and the debate
over enactment of those amendments, public interest in the RCRA permitting
program has broadened and public involvement in the program will become more
complex.  The following issues, in particular, are likely to be of special
concern.

    1.  Groundwater protection.  There have been reports of widespread
failure to comply with RCRA's groundwater protection requirements.  The
removal of wastes from Superfund sites to RCRA facilities has intensified
concern over the possibility of groundwater contamination and its effects on
human health.

    2.  Protective standards and enforcement for operating units.  Public
interest is already strong on the question of whether RCRA's design standards
and operating specifications (e.g., landfill liner requirements) are strong
enough and are being met.  Citizens may not be aware of new RCRA standards.
They may also question the federal or state agency's ability to adequately
monitor permit requirements.

    3.  Exposure assessments and ATSDR referrals.  Section 247 of the 1984
RCRA amendments requires each final permit application for a  landfill or
-------
                                   -6-
surface impoundment to be accompanied by information on the potential for the
public to be exposed to hazardous constituents through releases from the
facility.   There may be considerable local interest in this information.  It
is anticipated that referrals to the Agency for Toxic Substances and Disease
Registry (ATSDR) will also be of concern to the public.

    4.  Corrective action.  Significant public interest can be expected in
all facets of corrective action requirements.   Have releases occurred from a
facility?   Have any releases been cleaned up?   Will corrective action be
sufficient to prevent future releases?  What kinds of investigations will be
conducted to determine the need for corrective action?

    5.  Permit process itself.   The length of time involved in issuing a
permit as  well as the adequacy of public involvement opportunities are
examples of issues related to the permit process (as opposed to the contents
of permits) that may be of public concern.  When joint EPA/state RCRA
permitting is conducted, the public may also have difficulty understanding the
coordination process and the differences between federal and state
requirements.

    6.  Transportation of hazardous wastes.  Many times the public's
strongest  concern centers on hazardous wastes  being transported to or from a
facility.   The common nature of traffic accidents and the proximity of
transportation routes to homes and schools heighten the public's concern over
releases during transportation.  Often, though, the sheer volume of traffic
and the associated noise and congestion are of even greater concern.

    7.  Evacuation plans.   The very existence of evacuation plans implies
that accidents can and will occur.  Beyond the concern raised by that
implication, the public has shown interest in the adequacy of evacuation
plans.  Who will be evacuated?  How will they be notified?  Who pays for
alternative living arrangements?

    8.  Fire and explosion emergency plans.  Like evacuation plans, these
contingency plans acknowledge the potential for threats to the public's safety
and undercut assurances that such occurrences  are unlikely.  The public is
interested in the probability that fire and explosions will occur and the
precautions being taken to prevent or reduce their danger.  If local police
and fire units are involved, the public may also be concerned over who pays
for emergency responses, and whether or not local fire departments are
adequately equipped or trained to respond.

    9.  Omnibus provision.  Section 212 of the 1984 RCRA amendments states
that "each permit... shall contain such terms and conditions as the
Administrator (or the State) determines necessary to protect human health and
the environment."  The public may be inclined to read great flexibility into
this provision.

    10.  Consequences of permit denial.  Whether an operating permit is
approved or denied, the consequences will be of interest to the public.
Economic impacts on employment, property values, and the local tax base are
-------
all likely to generate concern.   Denial may lead to special concerns because
the public may not at first appreciate its environmental implications.
Denying a permit for incineration, for example,  might mean that the applicant
has to continue to landfill wastes.

    To derive full benefit from expanded public  involvement,  it is important
to ensure the members of the community in which  the facility is located tne
opportunity to provide input on permit conditions as early as  possible
before the draft permit has been  written.  For example, the local public
should be enabled to comment on conditions requiring corrective action.  If
there is no opportunity for public input before  the draft permit has been
prepared, it may be impossible to provide the local public a meaningful voice
in decision-making on the permit.   While the public may comment on and provide
input to the development of permit conditions, however, the final decision on
permit conditions and on whether to issue or deny a permit rests with EPA or
authorized states.

2.5  ROLES AND  RESPONSIBILITIES

    Each EPA regional office, and each state authorized to issue final
permits, should designate someone on its staff as the RCRA permitting program
public involvement coordinator.   The coordinator will work with permit
writers, enforcement personnel (both EPA and state), facility owner/operators,
and other appropriate individuals or groups to implement public involvement
activities, and will also serve as liaison to the Office of Solid Waste and
the Administrator's office in the event of a permit appeal.

    The RCRA public involvement effort should be viewed as a team effort.  In
certain instances, particularly during the field assessment (as explained in
Sections 2.6 and 3.1) and development of the public involvement work plan for
specific facilities, a contractor may also become part of the team.

    It is anticipated that the roles and responsibilities of the various
members of the public involvement team will vary depending on the region or
state and individual permit circumstances.  While it is not necessary that the
following functions and activities be carried out in all cases by the
individuals indicated, in general the responsibilities of each team member
include (but are not necessarily  limited to) the following:

    Public Involvement Coordinator

        (a) Identify potentially  affected, concerned, or interested members of
            the community, including local and state officials and the local
            media.
        (b) Develop public involvement plan and evaluate progress of public
            involvement activities.  Update plan upon final determination of
            permit.
        (c) Initiate and maintain lines of communication between the agency
            and the public.
        (d) Identify the need for and develop educational and  informational
            materials; take  lead  in other outreach activities  regarding  the
            RCRA permit process in general.
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        (e) Depending on the level of technical detail involved, lead or
            participate in dialogue activities regarding development of permit
            conditions to address citizen concerns.
        (f) Coordinate public involvement activities with other programs and
            agencies.
        (gj Provide feedback and reporting within the agency on public
            involvement.

    Permit Writer and Other Technical  Staff

        (a) Participate in or take the lead in dialogue activities with public
            and owner/operator,  including detailed discussion or negotiations
            on specific permit conditions on facility operations.
        (b) Respond to, or provide the public involvement coordinator with
            information sufficient to respond to, the public's or
            owner/operator's specific technical questions related to the
            facility and its operation.
        (c) Establish and maintain close communication with the public
            involvement coordinator relative to all aspects of permit
            development to ensure coordinated and consistent communications
            with the public.

    Enforcement Personnel

        (a) Participate in or take the lead in dialogue activities with the
            public and owner/operator regarding enforcement/compliance
            activities being developed for the facility.
        (b) Respond to, or provide the public involvement coordinator with
            information sufficient to respond to, public and owner/operator
            questions  and concerns regarding the facility's past and present
            compliance record.
        (c) Establish and maintain close communications with the public
            involvement coordinator relative to all aspects of enforcement and
            compliance and corrective actions activities developed for the
            facility.

    If a state is authorized or operates under a cooperative agreement with
EPA, the above responsibilities  can be assumed by state personnel.  In
unauthorized states, state agencies can still serve a supportive role by
providing the regional public involvement coordinator with information, such
as names for inclusion on a mailing list or background information on a
facility's history and community attitudes towards the facility, and by
coordinating state requirements  on permits, public involvement, and
administrative procedures.  Regardless of the level of authorization, states
should be encouraged to play an  active role in expanded public involvement
efforts.

    During the same time that EPA or an authorized state is conducting public
involvement activities at a facility, it is not uncommon for the
owner/operator to initiate public outreach efforts of his own.  Attempts by
the owner/operator to inform and involve the public should be encouraged by
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                                   -9-
Che public involvement coordinator.   For example, the owner operator could
conduct facility tours or hold public meetings.   Owners or operators who do
not initiate public involvement activities should be made aware of their
responsibility to inform the public.

    It is appropriate, in some instances, for EPA or state staff to
participate in activities in which the owner/operator has taken the lead.   At
a public meeting held by the owner/operator, for instance, EPA or state staff
could deliver a presentation on design and operating standards for that type
of facility.   In so doing,  however,  it is essential to distinguish EPA's for
the state's)  cooperation with owner/operator educational efforts from support
for public relations efforts aimed at gaining community support for the
facility's permit.  The regulatory role of EPA (or the state) must be clearly
defined for the public and distinguished from the owner/operator's interests,
regardless of whether the agency's involvement in owner/operator activities is
to observe, participate, mediate, or simply to receive a report.

    There may also be instances in which the owner or operator may contribute
to public involvement efforts conducted by EPA or the state (although state
requirements may preclude owner/operator participation in some activities.)
For example,  the owner/operator could be invited to provide panelists for
discussion forums or participate in dialogue activities sponsored by the
agency.  Care should be taken, however, to ensure that the owner/operator's
participation is constructive, coordinated with EPA's efforts, and supportive
of EPA's policy for the RCRA permitting program as much as possible.  The
public, as well as the owner/operator, should recognize that decisions on
permitting a waste management facility are made by EPA (or authorized states)
on the basis of RCRA's mandate to protect human health and the environment,
not on the basis of the owner/operator's interests.

    There will be times when the owner/operator conducts public involvement
activities separately from EPA or the state.  The public involvement
coordinator will need to be cognizant of these activities, because they will
provide the public with information that may influence opinions.  Conversely,
the public involvement coordinator should inform the owner/operator of the
public involvement program that the agency intends to conduct during the
facility's permit process.  Optimally, the efforts of the owner/operator and
EPA (or the state) should complement each other without compromising the
integrity of the agency's regulatory role.

2.6  CRITICAL ELEMENTS

    The specific suggestions for public  involvement in the RCRA permitting
program have been kept to a minimum to provide the flexibility to adjust
public involvement efforts to the extent of public interest, the environmental
significance of the facility, and the status of the permit application.
Because the intended  result of this policy is for public involvement to
facilitate the ability of EPA or the state to process permit applications, the
activities included in each specific public involvement effort  should be
tailored to the particular needs of the  community and facility.
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                                   -10-
    Th e following, however, are three critical elements for public involvement
in the RCRA permitting program for targetted facilities (as defined in Section
2.2 above).

    (1) Field Assessment.  A field assessment should be conducted for each
targetted facility by the public involvement coordinator (or other appropriate
EPA or state staff, or a contractor) for the following purposes:

        •   To identify major community concerns regarding the
            facility;

        •   To identify the citizens, officials, and groups in the
            area who are especially interested in the facility and
            should be kept apprised of developments;

        •   To identify the best means to provide information to
            the public and, in return, to obtain public comment and
            input.

As explained in Chapters 3 and 4 below, the field assessment consists
primarily of interviews in the local community with key citizens, officials,
and other interested parties.

    (2) Public Involvement Plan.  Based on the field assessment, a public
involvement plan detailing appropriate 'public involvement activities keyed to
milestones in the RCRA permit process should be developed.  This plan
indicates the actions EPA or the state will take to facilitate public
involvement in the decision-making process for the permit based on the
interests and concerns of the public and the best channels for communicating
with the local public, as identified in the field assessment.  The plan should
be a concise document that identifies the distinctive features of a facility
and a community relevant to public involvement efforts and the key public
involvement activities that need to be undertaken.

    (3) Public Involvement Activities.  Public involvement activities will
vary by facility and by the stage in the permitting process at which public
involvement efforts are initiated.  The following types of activities,
however, will be necessary in each instance:

        (a)  Outreach activities, such as informal informational
            briefings and meetings, including the public notice of
            the draft permit and attendant requirements under RCRA
            section 7004 and 40 CFR 124 Subpart A;

        (b)  Dialogue and assimilation activities, such as work
            sessions, public meetings, and public hearings (if
            appropriate);

        (c)  Response activities, including informal responses to
            questions, concerns, and requests from the public during
            the permit process as well as formal, final
            responsiveness summaries.
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                                   -11-
    Th e next chapter of this guidance document explains how such activities
may be scheduled and integrated with technical milestones in the typical
permitting process for a facility.
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                                   -12-
          3.  KEY ACTIVITIES  DURING THE PERMITTING  PROCESS
    This chapter explains how to structure and schedule a public involvement
effort for a typical targetted facility in accordance with the  policy outlined
in Chapter 2.  It recommends key public involvement  activities  and indicates
when, in relation to technical milestones  in the permitting process,  such
activities could be conducted.  Also discussed are the first two critical
elements in the public involvement effort  -- the field assessment and the
preparation of a public involvement plan -- and the  time at which these
actions should be conducted.

    It should be emphasized that public involvement  efforts should be tailored
to the specific circumstances of a facility and the  specific needs of a
community.  Thus, the sequence of activities described here is  solely
illustrative.  Public involvement coordinators have  the flexibility to choose
whichever activities are best in each instance, varying the sequence  of
activities outlined in this chapter, or adding other activities, depending on
circumstances.  If the draft permit has already been prepared,  public
involvement efforts will of necessity be more limited.  Even when there is
insufficient time to conduct a formal field assessment, however, an attempt
should be made to identify key members of  the community and their concerns
through telephone calls or some other means.

    It should also be noted, however, that some of the activities discussed in
this chapter are regulatory requirements.   These requirements are indicated in
the text.

    In general, preference should be given to small-scale, low-profile,
informal activities rather than large-scale, formal  activities.   For  example,
face-to-face discussions with a small group of community members in someone's
living room are preferred to a public meeting with presentations before a
large audience.  The more personal the activity, the greater the likelihood of
mutual communication between government staff and the community.

    The four subsequent sections of this chapter correspond to  four milestones
in the typical permitting process.  Exhibit 3-1 summarizes these milestones
and the activities recommended in the text.

3.1  PUBLIC  INVOLVEMENT FOLLOWING SUBMISSION OF THE
     PERMIT  APPLICATION

    (a) One of the first actions to be taken to facilitate public involvement
is to conduct a field assessment.   If possible,  in fact,  the  field
assessment should be conducted prior to the submission of the permit
application.  The field assessment is a critical element under  EPA's  policy
for public involvement in the RCRA permitting program.  It consists of
interviews by the public involvement coordinator (or other appropriate EPA or
state staff, or a contractor) with several local citizens, members of
community organizations, and officials for the following purposes:
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                                   -13-
                               EXHIBIT 3-1

       SUMMARY OF MILESTONES AND  PUBLIC INVOLVEMENT ACTIVITIES
   Permit Milestone

Submission of permit
application
   Required Activities-

  Mailing list
 Suggested Activities

Field assessment

Public involvement plan

Introductory notice

Repository

Informal meetings

Fact sheet on facility
Completion of draft
permit (or intent to
deny)
• Fact sheet/statement
  of basis

• Public notice

• Public comment period

• Public hearing (if
  requested)
Informal meetings
Permit issued (or
denied)
• Notice of decision

• Response to comments
Final determination
of permit
                            •  Update public involve-
                              ment plan

                            •  Update repository

                            •  Informal meetings

                            •  Publications as  needed
                              (fact sheets, press
                              releases, etc.)
•-'• Requirements under RCRA section 7004 and 40 CFR 124 Subpart A.
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                                   -14-
        •   To identify major community concerns regarding the
            facility;

        •   To identify the citizens, community leaders, and
            officials in the area who are especially interested in
            the facility and should be kept apprised of developments;

        •   To identify the best means to provide information to
            the public and, in return, to obtain public comment and
            input.

    The information collected during the field assessment is the basis for the
public involvement work plan and enables the public involvement effort to be
structured to meet tfie needs of a specific community.

    The field assessment may involve one or two days of interviews in the
community, as appropriate.   Efficiency in the use of travel resources, as well
as optimal timing considerations, may lead to the field assessment being
conducted at the same time as the site visit made by permit writers and
enforcement personnel, that is, within 90 days after the permit application
request (unless the permit application has already been submitted).   Even if
the permit writer is well-acquainted with the facility, in most cases the
field assessment will be necessary at targetted facilities to update and
expand knowledge of the parties and issues involved and to make public
involvement efforts visible and documentable.

    (b) A public involvement plan is the second critical element of EPA's
policy for targetted facilities.  This plan indicates  the actions EPA or the
state will take to facilitate public involvement in the decision-making
process for the permit.  Public involvement plans are  flexible documents that
reflect the dynamic nature of the public involvement process.  As the public
involvement team becomes more involved in the community, and as the community
learns more about the facility and the permitting process, new (and more
effective) public involvement activities and additional concerns may suggest
themselves.  The initial plan should, therefore, be a  brief document --
concise and to the point -- that:

        •   Identifies major community concerns and leaders;

        •   Outlines the minimum actions EPA or the state will use
            to facilitate public involvement; and

        •   Identifies the timing of these activities.

    Public involvement plans prepared by states and regions should be retained
in the facility files and repositories.   These plans will be reviewed at the
time of the mid-year and end-of-year reviews of the state, and during regional
program reviews.  Plans prepared by the regional offices will be appraised by
EPA headquarters during annual reviews of the region's RCRA permitting program.
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                                   -15-
    (c) At the same time as this plan is prepared, EPA or the state should
assemble a mailing  list  for  the  community in which  the  facility is
located.  The individuals or organizations identified during the field
assessment can be the core for the mailing list.  If a mailing list is already
available, it should be updated based on the field assessment.  Chapter 4
provides additional techniques for developing a comprehensive mailing list.

    (d) An introductory notice  should be provided  to  the  community  as  soon
as possible after the submission of the permit application.  If enough is
known about the community in advance to identify adequate means of providing
the notice, the introductory notice may precede the field assessment.   The
purpose of this notice is to explain EPA's permit application review process
and the opportunities for public involvement in that process.  It should
include some mechanism (e.g., a telephone number for a contact person, a
return slip to request additional information) to allow the public to express
its interest in opening and continuing dialogue with the agency.

    The notice should take whatever form is most useful in a particular
community.  Options include a fact sheet or newsletter sent to residents on
the mailing list, a radio or television public service announcement, or a
newspaper advertisement.

    (e) Regulations require that the administrative record for a RCRA draft
permit, including the permit application, be placed into a file for public
inspection.  Information repositories, however, should contain more than
the administrative record to aid the public's understanding of the facility
and the -permit under consideration.  Non-technical descriptions of the
facility and its operation, brochures explaining the permit process and public
involvement, and generic fact sheets describing the meaning of exposure
assessments are examples of materials that could be included in a repository.
More examples are given in Chapter 4.

    Selection of a repository site should take into account the convenience
and ease of access for the general public.  A location that does not allow
access after normal work hours will have limited usefulness.  More than one
repository may be necessary.

    (f) If public interest or response to the introductory notice is
sufficiently great, in the judgment of the public involvement coordinator, an
informal meeting (or series of meetings) may be held to review more fully
the permitting process and to provide opportunities for public comment.
Informal meetings at this stage allow the public to understand and to
contribute information to the development of a draft permit, although state
requirements prohibiting ex parte communication should be taken into
consideration.

    (g) In addition to generic fact sheets and brochures being developed  by
headquarters and in the regions, facility-specific fact sheets should be
considered when a significant number of citizens appear to be interested  or
concerned about a facility's permit.  This fact sheet should be sent to
persons on the mailing list, included in repositories, and distributed by  any
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                                   -16-
other means suitable for the specific community.  The fact sheet could include
background information on the facility, provide a timeframe for permitting
activities at the facility, identify opportunities for the public to provide
information and input, address specific concerns of the public about the
facility, and identify repository locations.

    As explained in Chapter 2, for public involvement in the permitting
p'rocess to be meaningful, the public must have access to the decision-making
process early enough to understand and provide input to that process.   In the
case of permit issuance, the actions described above should be conducted as
soon as possible following the submission of the permit application to enable
the public to provide input to permit conditions before the draft permit is
written.  When an application has not yet been submitted for a facility,
actions intended to anticipate and facilitate public involvement, such as the
field assessment and the public involvement plan, can gain additional
effectiveness by being completed before submission of the permit
application.

    Early public involvement can introduce the problem of contacting the
public before having answers to facility-specific questions the public might
raise.  It will be necessary to explain clearly to the public the purpose of
early contacts and the limits on the information available at early stages of
the permitting process.  A clear explanation can prevent false expectations
from being formed and reduce any negative impact on the agency's credibility
that could result from not being able to answer the public's questions.

    Under the 1984 RCRA amendments,  each land disposal facility owner/operator
must provide EPA (or the state) information on the potential for exposure of
the public to hazardous constituents through releases from the facility.  The
public may also contribute such exposure information.  Since this information
is expected to be of significant interest to the public, the exposure
assessment should be considered an agenda item for any contact with the
public, including public notices.

3.2  PUBLIC  INVOLVEMENT UPON COMPLETION OF  THE DRAFT PERMIT

    Most public involvement actions  to be taken at this point are required
under 40 CFR Part 124.

    (a) EPA or the state must provide public notice that a  draft  permit  has
been prepared.  The public notice must be published in a major local newspaper
and broadcast over local radio stations.

    (b) At least 45 days must be allowed for public comment on the  draft
permit.

    (c) If there is written notice of opposition to the draft permit,  EPA or
the state must hold an informal public hearing with 30 days prior notice.
A written transcript or tape recording of the hearing must be made part of the
repository's files.
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                                   -17-
    (d) A fact  sheet must be prepared for every draft permit for a major
hazardous waste management  facility.  The  fact  sheet  must  include  the
significant factual,  legal,  methodological,  and policy  questions considered  in
preparing the draft permit.

    (e) Despite earlier public involvement  efforts, some members of  the  public
may not take an active interest in the  permit process until  a  draft  permit has
been completed and announced.   Informal meetings  should be held with
members of the public  to discuss  elements  of the  draft  permit  that are  poorly
understood or are of interest  or  concern to them.   These opportunities  for
dialogue confirm to the public that the draft permit  is indeed a draft  and
still open for additional modifications to  address  issues  that might not have
surfaced to that point.

3.3  PUBLIC INVOLVEMENT UPON A DECISION ON THE PERMIT

    EPA regulations require  two actions at  this time.

    (a) When a final decision  is  reached on whether to  issue,  deny,  or  modify
a permit, notice of the decision must be given to  each person who submitted
written comments or who requested such  notice.

    (b) In addition,  EPA or  the state must  issue  a  response to comments.

    The response to comments should include a summary of significant comments
received and an explanation  of either how  they  were incorporated or addressed
in permit conditions or why  they were rejected.  Comments  that are referred  to
other agencies should also  be  indicated.   The response  document should  be sent
to those who submitted comments,  attended  the public  hearing,  or who requested
to receive it.   Any documents  cited in  the  response to  comments should  be
included in the administrative record for  the final permit decision and placed
in the information repositories.

3.4  PUBLIC INVOLVEMENT UPON FINAL  DETERMINATION  OF A  PERMIT

    Whether a facility is ultimately denied or  granted  a permit, public
concern does not necessarily end at that  stage  of the permitting process.
Continuing long-term issues  of public interest  may require additional public
involvement efforts.   Public involvement  after  a permit denial, for instance,
could address the public's  interest in  these issues:

        •   Corrective actions;

        •   Release of ongoing monitoring  data;

        •   Release of additional exposure information; or

        •   Closure plans.

    If a permit is issued,  continuing public involvement can address these
same issues and also accomplish several other objectives,  including:
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                                   -18-
        •   Provide information to the public regarding changes in
            transportation or emergency evacuation plans;

        •   Receive information from the public on adherence to
            permit conditions (both construction and operation
            phases);

        •   Provide a mechanism to address new or continuing
            concerns  resulting from facility operations;

        •   Facilitate permit appeals, renewals, and revisions; and

        •   Increase overall agency credibility.

    The type and level of public involvement effort needed at this stage
should be decided on a case-by-case basis.  If, at the time of final
determination, the level of interest or the types of concerns that the public
has differ substantially from those described in the public involvement plan,
or continuing public involvement activities are anticipated, the plan may need
to be updated to coordinate continuing public involvement  efforts.  Updating
the repository may also be necessary to keep the public informed as additional
information is obtained, changes to the permit or facility are made, or
subsequent agency actions are taken.

    When significant  issues will continue to be of concern or can be
anticipated to arise  after the final determination on a permit, additional
informal meetings or  publications may be necessary to accomplish the
aforementioned objectives.  Press releases, fact sheets, continuation of
newsletters, and other types of written public information (as described in
the next chapter) should be considered.  Informal meetings with the public may
also be needed when public concern continues to be substantial or the public
desires to play a role in monitoring a facility to ensure  adherence to permit
conditions.

    Chapter 4 of this manual explains how to conduct the activities noted in
this chapter.   Chapter 5 discusses certain issues and circumstances that merit
special attention in  designing and organizing a public involvement effort.
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                                   -19-
     4.  TECHNIQUES  FOR  CONDUCTING PUBLIC INVOLVEMENT ACTIVITIES
    The following discussions have been selected from  various  sources  (see  the
preface) and are provided as a reference in planning and  implementing  a
sensible and sensitive public involvement program.   The discussion  of  each
activity focuses on general techniques  for conducting  the activity;  these are
"how to" discussions.

    As previously noted,  the recommendations for this  program  have  been  kept
to a minimum to allow for maximum flexibility for each facility-specific work
plan and public involvement effort.   It must be  noted, however,  that simple
adherence to the recommendations will not,  in most  instances,  produce  a
successful public involvement process,  nor will  it  necessarily speed issuance
of the permit.

    A skillfully selected blend of both specifically recommended activities,
and activities  appropriately tailored to the needs  and concerns  of  the
community and the owner/operator, will  produce far  preferable  results.

    This chapter is divided into eight  sections, as follows:   4.1 -
Identifying Potential Participants and  Building  Mailing Lists;  4.2  - Field
Assessment; 4.3 - Public  Information Programs and Publications;  4.4 -
Information Repositories; 4.5 - Public  Notices;  4.6 -  Public Meetings; 4.7  -
Public Hearings; and 4.8  - Responsiveness Summaries.

4.1  IDENTIFYING POTENTIAL  PARTICIPANTS  AND BUILDING MAILING LISTS

    4.1.1  Focus

    A mailing list is an  important communications tool which allows  an agency
or organization to reach  broad or targetted audiences  with its  messages.  The
better the mailing list,  the better the public outreach and delivery of
information.  A well-developed mailing  list will reach a  group of potentially
active participants -- people who want  to be involved  in  an agency  program  or
plan, or those  who wish to be involved  simply by staying  informed.   The
process of developing a mailing list begins early in the  public  involvement
effort.

    The mailing list is used to send announcements  of  meetings,  hearings,
events, and available reports and documents to the  public.  In addition, it is
used to identify members  of the public  who may be considered for work  groups
or attendance at meetings and briefings.   A wide variety  of approaches are
available to collect names for the list.   Several,  but not all,  of  these
approaches should be employed.
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                               -20-
4.1.2  Techniques

A.  The names of people interviewed during the field assessment, as well
    as other names these people recommend, should be placed on the mailing
    list.

B.  All nearby residents and owners of land adjacent to the facility
    should be included on a mailing list.

C.  Seek out existing lists.  Other EPA and federal programs, as well as
    state and local programs, may have developed mailinq lists which can
    be used in whole or in part.  Sometimes, lists are exchanged or traded
    among agencies.  Prepared lists should be carefully scrutinized,
    however, to make sure they are applicable.

    Borrowed lists may be out of date.  Verify some of the names and
    addresses on the list to test its current validity.

D.  Organizations with a potential interest in an agency program or action
    may have mailing lists of members important to the agency, although
    some organizations may be reluctant to give these lists.  Each agency
    or program with a mission must consider different types of groups.
    Representative groups include:

    1.  Outdoor recreation organizations such as hiking
        associations, rod and gun clubs, cross country skiing
        groups, sports fisheries' associations, and recreational
        boaters and sailors.

    2.  Commerce and business groups such as manufacturer
        associations, associated industries, Chambers of
        Commerce, and the Jaycees.

    3.  Labor leaders and unions.

    4.  Environmental leaders and groups.

    5.  State and district farmers' associations, including the
        farm bureau, dairyman's cooperatives, conservation
        districts, and water districts.

    6.  Health organizations such as the American Lung
        Association.

    7.  University extension and county agricultural extension
        agents.

E.  Many civic and social organizations, such as the League of Women
    Voters or the Chambers of Commerce, have their own newsletters. For
    applicable groups consider requesting a copy of the group's newsletter
    mailing list, and ask if they would run notices in their  paper.
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                               -21-
F.  Specialized directories of organizations and businesses can provide
    additional names and addresses of potential participants.   Examples
    include state directories of manufacturers, environmental  groups and
    chemical society members.

    The business and reference section of the library is a good starting
    point for reviewing various directories.

G.  Any individual who attends a public meeting of the agency, or one with
    a related mission, or calls or writes to the agency seeking
    information, should be added to the mailing list.  Careful attention
    to the affiliations of various individuals or groups attending
    meetings or corresponding with the agency can yield entire categories
    of people to be added to the list.

H.  The applicant should be included on the mailing list.

I.  According to Executive Order 12372, the state may designate a single
    point of contact (SPOC) or delegate intergovernmental review
    responsibility to an agency or organization for the purpose of
    reviewing proposed RCRA permit actions.  At the very least, the SPOC
    or delegated entity should be sent a copy of the draft permit and
    notified of the public comment period.

J.  Local newspaper stories often contain substantial information of use
    to public involvement specialists, including the names of  people with
    a potential interest in the agency.

K.  The names of local reporters and editors, and appropriate  newsletter
    editors, should be added to the mailing list.  If time permits,
    interview reporters and editors with knowledge of an area  or subject.
    Placing their names on the mailing list is one way of assuring that
    these "gate keepers" have direct access and accurate information about
    a program.

L.  Elected and appointed officials with a potential interest  (substantive
    or political interest) should be placed on the list.

M.  Consider placing the names of local educators (primary, secondary,
    high school, and college and university) on the list.  Aside from
    their personal interest, these people can use project information to
    develop classroom learning packages and programs, and tell their
    students about the project and underlying issues.  Often,  children
    will communicate information and ideas on class projects and current
    events to their parents, thus affecting a secondary communication.

N.  State agency technical, enforcement, public affairs, and public staff
    should be contacted.

0.  Public notices for draft permits, public comment periods,  and intended
    denials are required to be sent to state agencies that have authority
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    under state law with respect to the construction or operation of a
    RCRA facility and to any unit of local government having jurisdiction
    over an area where a facility is located.

P.   Secondary or miscellaneous sources of names for mailing lists include:

    1.   State revenue departments which maintain lists of
        non-profit organizations in the state.

    2.   For states, the Secretary of State or  offices of the
        legislative leadership maintain lists  of legal
        lobbyists.  In Washington, lobbyists register with the
        Senate Office of Public Records and the House Office of
        Records and Registration.

    3.   Local, regional, and state League of Women Voters,
        environmental, planning commissions, and land use
        chairpeople may have lists of potential participants.
        The national League maintains other lists.

    4.   University scientists, senior administrators, and
        technical experts (such as soil scientists,
        hydrologists, and law and political science faculty who
        specialize in land use and environmental law) might be
        placed on mailing lists.  They may recommend the names
        of others who should be added to the list.

    5.   The public affairs or environmental control directors  of
        major industries might be consulted for additional names
        and addresses.

    6.   Local neighborhood associations -- formal and informal
        -- may prove helpful.

    7.   Churches and church organizations.

    8,   Telephone directories, especially the yellow pages,
        provide lists of associations.  Zip code directories may
        be useful when trying to reach one small part of a city
        or state.  Consider developing a list of all landowners
        within one mile of the facility in question.

    9.   Multi-service centers, community development
        corporations, community centers, and health centers
        might prove helpful in attempts to reach senior citizens
        organizations.

   10.   Local fire, police, and disaster agency officials should
        be located and  listed.
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                                   -23-
    4.1.3  Evaluation

    A.  Is the mailing list comprehensive, encompassing all of the key
        categories or target publics?

    B.  Is the mailing list updated regularly?

    C.  Has an easy to access system been devised for adding and subtracting
        names easily and efficiently?

    D.  Has the list been broken down by zip codes if bulk mailing is
        anticipated?

    E.  Have adequate funds been allocated in the budget to cover the costs of
        maintaining the list and the cost of printing and postage?


4.2  FIELD ASSESSMENT

    4.2.1  Focus

    On-site interviews with local residents, government officials, community
groups, and media representatives are extremely useful techniques to help gain
an understanding of the facility's history, the community issues connected
with the facility, the level of citizen concern, and the political climate.
Community interviews are also useful to identify credible sources and
disseminators of information.

    4.2.2  Techniques

    A.  Arranging the interviews:

        At this stage of the permit process, the names and phone numbers of
        the people involved with the facility may already be known or have
        been obtained.  Ideally, the meeting place should be at the
        interviewee's office or home, whichever may be most conducive to
        candid discussions.  While government and media representatives are
        likely to prefer meeting in their offices during business hours, local
        residents and community groups may be available only after-hours.

    B.  Planning the interviews:

        Prior to or during the interview, time may be spent reviewing files at
        EPA, the state agency, or a local library or Chamber of Commerce that
        contain news clippings, documents, letters, and other sources of
        information relevant to the facility.  Ideally, only people with a
        thorough understanding of the RCRA program, the facility itself, and
        interview techniques should conduct the interviews.
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C.  Telephone interviews:

    Some information may be efficiently obtained over the telephone.  In
    telephone interviews, explain how the interviewee's name was acquired,
    the type of information needed, the reason the information is needed,
    and how it will be used.   Be brief.

D.  Interviewing residents and community groups:

    Interviews involving local residents or community groups are likely to
    require more time.  Be prepared with a set of questions in mind;
    questionnaires may seem too formal and are likely to elicit curt
    responses.  Be sensitive to the residents' needs and concerns, but
    remind them that the purpose of the interview is to gather preliminary
    information to be used in planning an appropriate public involvement
    effort.  In this way, unrealistic expectations are not raised.

    In many cases, the interviewee will ask questions and express concerns
    about the facility.   The field assessment, in some cases, can be a .
    useful technique for providing interested citizens with timely
    information on the RCRA permitting process and on facility and Agency
    activities prior to development of the draft permit conditions. With
    adequate preparation, the interviewer can thus acquire information
    useful for later planning, as well as respond to initial citizen
    concern with accurate information and allay unwarranted concerns.

E.  Interviewing government officials:

    Interviews with government officials should include a brief
    introduction explaining why they are being interviewed and what kind
    of information is needed (facility history, government activity at the
    site, a political perspective on citizen's expectations, etc..).

F.  Confidentiality.

    At the beginning of each interview, explain that the field assessment
    will be used to prepare a public involvement work plan.  If the
    interviewee would like to remain anonymous, explain that the
    information will be used to understand community concerns and that a
    record of the contact will be made, but EPA or the state will not
    attribute any specific statements or information to the interviewee.

G.  Other possible contacts:

    During the field assessment interviews, ask for names and phone
    numbers of persons who could provide additional information on  the
    facility and community views and concerns.
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                                   -25-
    H.  Information on public involvement activities:

        Ask whether the interviewee would like to receive any fact sheets  or
        other printed information as the permitting process  continues.   Also,
        for future reference, keep a list of persons interested in attending
        public meetings.


4.3  PUBLIC  INFORMATION  PROGRAMS AND  PUBLICATIONS

    4.3.1  Focus

    The outreach activities which this guidance recommends should include  the
development of accurate and timely written information for distribution to the
public, for example, fact sheets and newsletters.

    Overall, such materials should promote understanding and highlight  and
summarize critical issues.  The environmental consequences of potential
actions, options, or decisions should be clearly stated in materials
distributed to the public.  The public should also have access to complete
reports and documents in information repositories.

    At a minimum, site-specific materials should include:

        •   Background information
        •   Legal justification for the action
        •   Timetable of proposed actions or planning phase
        •   Summaries of lengthy or technical material
        •   Delineation of issues
        •   Alternatives or tentative determinations made by the
            agency
        •   Ways to encourage public involvement
        •   Names of people to contact for further information
        •   Opportunities for public involvement

The public may also be provided with general descriptions of the RCRA
permitting process, hazardous waste management techniques, or similar topics.

    4.3.2  Techniques and Methods

    The first step in developing an effective information program is to plan
for a publication effort that is integrated with the overall public
involvement plan for a facility.  The public involvement plan must
realistically balance the cost, timing, quality, scope, variety of
publications, and identify target audiences for various publications.  Using
the plan for guidance, work can proceed on individual publications with
knowledge of how each publication will contribute to the total public
involvement effort.

    Written communication should meet the five criteria embodied in the
acronym ANSVA:  ATTENTION, NEED, SATISFACTION, VISUALIZATION, ACTION
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                               -26-
    (a) Attention:  Each information product should capture the attention
        of its intended audience by using a theme or issue important to
        that audience.

    (b) Need:  Each publication should demonstrate that the reader has a
        need or problem.

    (c) Satisfaction: The written piece should show how the government's
        program can meet or satisfy the readers'  need or problem.

    (d) Visualization:   People often comprehend and retain complex ideas
        and material better if they can see the material visualized.
        Materials should make liberal use of charts, diagrams,
        illustrations,  photographs, or mathematical displays.  The adage
        "a picture is worth a thousand words" has proved true in many
        studies of reader/audience comprehension and retention rates.

    (e) Action:  Each piece of public information should invite action.
        Attending a public meeting or placing a name on a mailing list are
        examples of action steps.  Public information is effective only if
        it provides the basis for potential change. The action step
        reinforces learning.

4.3.3  General Guidelines for Developing Public Information Products

A.  Begin each writing project by developing a detailed outline of the
    purpose and content of the material to be covered.  The audience for
    whom the material is intended should also be clearly stated.

B.  Every information program must operate on at least two levels -- the
    publics that are already interested and involved, and those that are
    not.  The information directed toward the involved group may include
    more complex or detailed information or progress reports.  Fact sheets
    and lengthy information pieces fall under this category.  The
    information directed to the  less involved group might be considered
    preliminary to participation.  These materials should be attractive
    and brief, and appeal to the needs and concerns of laypeople.

C.  In headlines and initial paragraphs, attract attention and interest
    with thought-provoking statements or questions.  Link problems and
    issues with the reader's life and experience.  Personalize messages;
    demonstrate how the agency's programs affect people's lives.

D.  Early in the text introduce  the content of the publication.

E.  Write clearly, simply, and directly, avoiding technical terminology,
    acronyms and professional jargon.  Translate technical language  into
    terms the public can understand, or define technical terms the  first
    time they are used  in a publication.  Write general purpose materials
    at the same reading level as the local paper is written.
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                               -27-
F.  Use short declarative sentences with active verbs to make key points.
    Avoid the use of long and complex sentences.  Say it simply.

G.  Use conversational English.   For example, use "do" for "accomplish"
    and "because" for "in view of the fact that."

H.  Consider using human scale comparisons, rather than technical terms,
    to communicate a point.  For example, "the facility will generate
    noise approximately equal to that of a typical city street," or "the
    cost per family will be about S100 per year."

I.  Limit the length of the material.  Five double-spaced pages (about
    1,500 words) is all the general interest citizen will typically take
    the time to read.  If the material requires greater length, prepare a
    one-page summary for readers with limited time.  Another approach is
    to design a longer piece so that someone with limited time can read
    highlights in five minutes,  more in-depth material in 15 minutes, and
    complete the entire piece in 30 minutes.  By telling the reader how a
    piece is structured on the first page, the reader can choose how much
    time to invest in the piece.

J.  Don't lose sight of broad perspectives and goals when developing
    materials.  For example, in technical documents, provide a summary
    that stresses concepts, not just facts.  Organize materials
    conceptually with facts and data providing the foundation for basic
    themes.

K.  Each individual element in an information and education program should
    be easily linked to the overall program.  The reader should easily see
    the relationship between a particular topic or product and the total
    project.

L.  Pre-test all public information products by asking several lay
    citizens or officials to read and evaluate drafts for clarity, order,
    comprehensiveness, and detail.   This final review can help ensure high
    quality publications that meet their intended goals.

M.  Use graphics and illustrations to support the written content of a
    publication.  Photographs, charts, and drawings can communicate ideas
    quickly,  directly using few words.  Using several type faces, such as
    a standard and an italic type,  can lend emphasis and clarity.
    Capitalization and underlining add emphasis, too.

N.  Always make full reports and technical information available to the
    public for review, in addition to providing summaries.  Materials
    should be available at easily accessible repositories.  Let the public
    know where and when the materials are available.

0.  For general purpose publications, such as brochures and newsletters,
    distribute copies to people whose names are on the mailing list,
    including elected and appointed officials.  Mail copies of
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    publications to media outlets in the project area.   Make publications
    readily available to the general public at libraries, government
    buildings, shopping centers, and other public places.  Include
    publications as a part of a project display.

4.3.4  Types/Uses of Specific Publications

    A.  Brochures

    1.  A general pamphlet or brochure is a useful tool to explain the
        background and mandate of a program, the role of the public in the
        planning process, and the expected outcomes of the project.  A
        brochure should be an easy-to-read, quick summary of agency and
        program goals and objectives.  It should provide answers to common
        questions.

    2.  A brochure should include a brief background on the program, the
        planning process, schedules for upcoming events, and the points
        where public involvement is most important.

    3.  The publication should give the reader a sense of the scope of the
        issue, how planning will proceed, possible alternatives, potential
        impacts on the area's growth and development, and possible effects
        on taxes and quality of life.

    4.  The brochure should be written with a long-term perspective in
        mind, so the publication remains timely throughout the process or
        is useful in a number of cases.

    5.  Distribute the brochure widely in the early stages of a project.
        Timing is important for establishing credibility and for informing
        the public early.

        Mail copies of the brochure to all media outlets in the planning
        area, accompanied by a cover letter offering a name and address to
        contact for further information.  The letter should explain why
        the project is important and how it might affect the community and
        region.

    6.  Include a pre-addressed mail-in form as a part of the brochure so
        that people with an interest in the program can be added to the
        mailing list.  Let the public know that other materials will
        follow as the program develops (i.e., newsletters, report
        summaries, etc.).

    7.  Include a name, address, and phone number in the brochure  for the
        public to contact for additional information.
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                           -29-
B.   Newsletters

1.   Newsletters facilitate a regular flow of information to the
    primary audiences of a public involvement effort.   They provide
    timely and useful information to citizens.   They are an
    inexpensive way to regularly promote understanding, dialogue, and
    public involvement.

2.   Newsletters should inform without bias.   They should not be used
    as an advocacy tool.  Newsletter editors must maintain credibility
    if the newsletter is to remain effective over time.

    (a) Separate opinion from objective or historical  material, and
        label it as such.

    (b) Sometimes credibility can be enhanced by printing statements
        developed by representatives of opposing points of view.

3.   Link key issues to subjects and ideas the general  public can
    understand and appreciate.

4.   Newsletters can provide timely information such as:

    a.  Articles on new developments.

    b.  Reports on public involvement activities, and  how to join them.

    c.  People stories are particularly good for reader interest, but
        should not be over used.  Describe the activities of citizens
        and officials working on various aspects of a  project.  Use
        people stories to encourage citizens to participate.  Avoid
        long lists of names.

    d.  Feature articles on major issues in a project, the most common
        questions asked by the public, or the primary  concerns of
        officials or other professionals.  Also, consider reprinting
        relevant articles from other publications.

    e.  Calendar of upcoming meetings.

    f.  Summaries of meeting comments and responses.  If used as an
        informal responsiveness summary, newsletters reach the most
        important audience with timely and useful information
        documenting the value, history, and impact of  public
        involvement.

    g.  A regular column written by a citizen (an option).  If stories
        are invited from guest authors, detail editing ground rules in
        advance.
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                           -30-
    h.  The names and addresses of people to contact for further
        information.

    i.  Maps and other forms of graphic information.

    j.  Lists of information and audio-visual materials available to
        the public,  and the locations of resource material.

5.   More than any other information tool, newsletters can be used
    imaginatively.   Maps for citizens to evaluate, mark-up, and
    return, and attitude and opinion questionnaires are just a few
    unusual suggestions for newsletters.  These techniques make
    newsletters an enjoyable and interesting experience for readers.

6.   Newsletters should be mailed to local and regional media
    representatives  as another way of keeping them informed of
    progress.

7.   The editors of other newsletters with a potential interest in the
    subject of your  newsletter should receive copies as well.  They
    may find information of importance they would like to pass on to
    their readers.

8.   Many citizens will keep all issues of a newsletter as a historical
    record of their  involvement in a project.  Number and date all
    newsletters.

C.   Fact Sheets

1.   Fact sheets are  an adjunct to newsletters and other publications.
    They are most useful for providing an in-depth analysis of
    specific, complex issues of public concern.  They may be longer
    than newsletters and contain more detail.

2.   Some fact sheet  topics will be chosen in advance; others will
    evolve from questions and concerns raised during the public
    involvement process.

3.   Fact sheets can be distributed as a part of a newsletter or as a
    separate publication.  They can be mailed to the entire mailing
    list or to selected groups.  They should be available to anyone
    for the asking.

4.   They are most useful for presenting key information at crucial
    decision points  in a project.

5.   They provide excellent background for citizen activities at public
    meetings and conferences.

6.   Fact sheets can be produced inexpensively, and  are easily up-dated
    as projects mature and become more refined.
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                               -31-
    D.   Length of time it usually takes to prepare a typical public
        information product

        1.  Scheduling adequate writing, review, and production time is an
            important element of information planning.  Plenty of lead
            time is required to produce a high quality document.  For
            example, for a state government to produce a twelve-page
            newspaper tabloid that serves as an executive summary and
            public hearing notice, the following time schedule is
            suggested (in person days):

            a.  Writing first draft 	 10 days

            b.  Typing the first draft  	  2 days

            c.  Agency staff reviews/citizen reviews
                of first draft 	  5 days

            d.  Consolidation of reviews and rewrite  	  5 days

            e.  Retyping 	  2 days

            f.  Graphic design, typesetting, paste-up 	  3 days
                (If portions are copied this time may be reduced)

            g.  Printing 	,	 4-7 days

            h.  Preparation for mailing (100-500 copies) 	  3 days

            i.  In the mails 	  5 days

            j .  Date in citizen's hands 	  14 days
                                                      before public meeting
                                                      or hearing

4.3.5  Evaluation

    A.   Information Planning

        1.  Have information needs been identified in the public
            involvement plan?

        2.  Do the program elements in the information plan work together
            to support one another?

        3.  Do information products precede public meetings and public
            hearings in the plan?  Has the schedule been maintained?

        4.  Are the goals of the information program and each program
            element clearly stated?
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                           -32-
5.   Does each information piece have a definite goal and targetted
    audience?

6.   What types of information products are anticipated?  Are a variety
    of methods used to communicate with various target publics? From
    the list below check the information products anticipated in the
    public involvement plan.

        Brochures
        Fact Sheets
        Direct Mail Letters
        Flyers
        Posters
        Articles in Other Community or Agency newsletters
        Issue Papers and Option Documents
        Executive Summaries
        Speakers Bureau
        Weekly Newspapers
        Daily Newspapers
        Radio and Television Talk and Public Affairs Programs
        Radio and Television News Programs
        Slide Program
        Slide Tape Program
        Films
        Other Media

B.   Information Products

    1.  For each public information product, are the issues and
        alternatives defined in an accurate, realistic, and
        understandable manner?  Are the decisions requiring public
        involvement clearly stated?

    2.  Are the environmental impacts and consequences clearly defined
        and stated for each alternative?

    3.  Do explanatory materials contain clear, concise, and factual
        information?

    4,  Are technical and professional terms and government acronyms
        defined and explained?  Has a glossary of terms been prepared?

    5.  Have individual information products been pre-tested with
        citizens and officials prior to printing and distribution?

    6.  Are information products provided free of charge to the
        public?  If there is a cost, is the cost nominal?

    7.  Do all information materials contain the name, address, and
        phone number of a contact person within the agency who can
        answer questions and provide information?
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                                   -33-
4.4  INFORMATION REPOSITORIES

    4.4.1  Focus

    Information repositories should allow free and convenient access to
information either required or deemed useful to be made available to the
public.  An information repository is a central file where citizens can review
all permit-related documents approved by EPA or a state for public
disclosure.  Information in the repositories should be updated as necessary.

    4.4.2  Techniques

    Select one or more locations early in the permit process.  Locations
should be easily accessible to members of the community,  and should be open
after work hours.  Possible repository sites might include libraries,
government buildings,  and shopping centers.   Contact individuals at the
selected repository locations in order to:

        •   Identify special needs of the repositories to keep
            contents together (e.g.,  in a 3-ring binder).

        •   Discuss how additions will be handled.

        •   Learn where information will be  located.

        •   Discuss possible special  displays at the repositories
            to highlight information.

        •   Discuss methods to have a sign-up sheet for mailing
            list development.

        •   Receive approval from the repositories.

    Select and deposit the materials  to be included in the repository file.
Potential materials for the file include:

        •   Permit application;

        •   Draft permit;

        •   News releases about the permit and facility;

        •   A facility description;

        •   Technical  data concerning the facility and relevant
            permit issues;

        •   Non-technical descriptions of the facility and
            relevant permit issues;;

        •   RCRA fact  sheets;
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                                   -34-



        •   Pertinent Federal Register notices;

        •   Copies of orders and decrees;

        •   Information concerning the RCRA permit process and
            opportunities for public involvement;

        •   Any reference materials relevant to the facility
            (e.g., maps, chemical references, etc.);

        •   Announcements of all public involvement activities;

        •   Transcript of public hearing, agendas, handouts;

        •   Responsiveness summary;

        •   A list of agency personnel (with addresses and
            telephone numbers) from whom further information can be
            requested;

        •   Any other documents that are part of the
            administrative record.

Combine these materials in a 3-ring binder or any similar format.  Deliver to
repositories with instructions on how to add future information.  Display
materials should also be developed and delivered as part of the repository.
Publicize the existence of the repository.  Notify local government officials,
citizens groups, the local media, and individuals on the mailing list of the
repository files' locations and hours of access.

    4.4.3  Evaluation

        A.  Have information repositories been established?  In central
            locations?  Are there convenient access hours?

        B.  Are the appropriate documents available at the repositories?

        C.  Are the files kept current?

        D.  Have the existence and location of the repositories been
            adequately publicized?


4.5  PUBLIC  NOTICES

    4.5.1  Focus

    Public notices are  intended to stimulate interest in and increase
attendance at upcoming meetings and hearings.  Other communication devices,
discussed in the public meeting and public  information sections, should  also
be used.   Just publishing a public notice  in  a  local newspaper, however,  does
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                                   -35-
not guarantee that the public will be adequately notified of public events.
Direct mail and one-to-one telephone contact,  for example,  work effectively  if
the goal is to generate attendance at public meetings.

    4.5.2  Techniques

        A.   Public notices must be seen to be effective.   They may be in the
            form of letters,  newspaper advertisements,  posters, or other
            graphic formats.   They should entice readers  so that they are
            read.   using  eye-catching headlines or photographs, or
            personalizing issues,  helps to do this.   Notices should explain
            why it is important to attend the meeting or  hearing and what
            influence or responsibility attendees will have.  The notice
            should highlight  issues to be covered at the  event, decisions to
            be made,  and the  potential impact of decisions.  Avoid the use of
            a strict  legal notice  format, such as those in the legal notices
            section of newspapers; these notices are rarely seen or read by
            the primary audiences  of public involvement programs.  Public
            notices should be distributed so that they are highly visible to
            the targetted audiences.

        B.   Distribution should occur at least 30,  but preferably 45, days in
            advance of the meeting or hearing.  Respect the requirement for  45
            days notice when  a public hearing on a draft  permit or tentative
            denial is to be held.   This length of time allows busy people to
            schedule  the event in  their calendars,  and to prepare comments and
            testimony.  A reminder notice five to seven days in advance is
            also helpful.

        C.   Keep public notices brief and to the point.  Conceptualize issues
            from the  public's point of view.  Present the information in
            language  familiar to lay people; avoid the use of jargon,
            government acronyms, and complex technical terms.

        D.   Notices should highlight the environmental and health issues of
            concern,  the implications of the issues, and  the decisions to be
            made.

        E.   The notice should indicate how participation  in the event will
            relate to subsequent decisions and the resolution of issues.

        F.   Where possible, use graphics to capture the attention of the
            audience, to tell a story, and to increase recall.

        G.   If possible, have public information specialists and graphic
            designers prepare the  notice.  If this is not possible, have an
            information specialist review the notice.

        H.   Whenever  possible, pre-test public notices with the public before
            their distribution.  Make sure the public receives the message
            intended  by the agency.
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                               -36-
    I.   Distribute the notice through direct mail  to organizations and
        individuals with a potential interest in the meeting or hearing.

        1.   In one major survey of how people who  attended meetings and
            hearings heard about the event,  the largest number said they
            received something in the mail  that told them about the
            gathering.  The second most common response was that someone
            told them about the event.  Word-of-mouth proved to be an
            effective communications channel.  Less than five percent of
            those surveyed said they saw a  notice  in the newspaper or
            heard about it on radio or television.

        2.   Consider the use of a telephone network to initiate the
            word-of-mouth communications system.  This is especially
            effective in small communities  and in  neighborhood organizing.

    J.   Distribute the notice widely to the print  and broadcast media.

        1.   Provide a camera ready copy to  newspapers for placement as a
            display advertisement or as a free calendar announcement.
            "Run-of-paper" or display advertising  rates are higher than
            classified rates applied to legal matters.  Display
            advertising is generally more expensive, but is more visible
            and effective.  If budgetary constraints make display ads
            prohibitively expensive, legal  notices can be used.

        2.   Provide a slide of the notice to television stations for them
            to use as a background image when announcing the event.

        3.   For radio and television, include a public service spot
            announcement or press release,  along with the notice, to
            increase the likelihood of the  notice  getting "air time."

4.5.3  Evaluation

    A.   Was the public notice part of an overall plan of notification and
        information?  Were the elements of  the plan, such as the use of
        advertisements, public service spots, and public speaking events,
        well coordinated?

    B.   Did the public notice appear 30-45  days before the event, allowing
        adequate time for the public to prepare?

    C.   Was the public notice attractively designed?  Did it capture the
        reader's eye, and quickly communicate the intent of the event?

    D.   Was the method of distribution relevant to the community?  Did it
        build upon existing communication channels?

    E.   Did notices reach all of the potentially affected individuals and
        organizations?  How was distribution coordinated?  Were both
        opponents and proponents included in the distribution?
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                                   -37-
        F.  Was the notice displayed prominently in the media and posted in
            visible locations at least 30-45 days in advance of the event?

        G.  Did a press release accompany the notice?  Were other media events
            organized, such as briefing reporters or preparing feature
            articles?

        H.  Did the notice emphasize why the event was to be held?  Did it
            identify the important decisions, issues, and program impacts?

        I.  Did the notice stress the importance of citizen attendance and
            participation?  Did it explain how participation would affect
            decisions and choices?

        J.  Did the written notice include:

            1.  An identification of issues under consideration?

            2.  A description of alternative courses of action?

            3.  A brief listing of applicable laws and regulations?

            4.  An identification of locations where relevant documents were
                obtainable?

            5.  The names of individuals to contact for additional information?


4.6  PUBLIC  MEETINGS

    4.6.1  Focus

    Public meetings are one means of establishing a dialogue with a
community.  The goal in any form of dialogue, such as meetings and workshops,
is to encourage an exchange of views and open exploration of issues,
alternatives,  and consequences.

    Public meetings must be preceded by the timely distribution of
information.  They should occur sufficiently in advance of decision-making to
make certain that the public's opinions are considered and to permit  response
to public views prior to agency actions.

    Meetings should be held at times and places that encourage attendance and
participation.  Whenever possible, they should be held during non-work hours,
such as evenings and weekends, and at locations accessible by public
transportation.

    4.6.2  Techniques

    Public meetings are agency-sponsored gatherings, open to the general
public, and held to inform or involve the public in planning and
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                                   -38-
decision-making.   If a question-and-answer period is included,  they allow for
two-way communication, and generate interest and participation in a project.
They should be used selectively,  integrated with other public involvement
techniques, and designed to meet  specific objectives.

        A.   Planning

            1.  Identify the agency's objectives, expectations,  and desired
                results for the meeting.

            2.  Identify the audience's objectives,  expectations, and desired
                results.

            3.  Match the composition and size of the group invited to attend
                a meeting with agency objectives.

            4.  Decide on the level of participation and involvement expected,
                and choose the meeting structure and format that can best meet
                agency objectives for dialogue.

                Then, choose the specific methods and techniques for
                discussion, planning, problem-solving, and decision-making.

            5.  Choose a meeting location, keeping in mind necessary room
                arrangements, equipment and supply requirements, and
                accessibility by public transportation-.

            6.  Identify the roles and responsibilities of various staff
                members and of local officials or citizens who will
                participate in the meeting.

            7.  Make sure that everyone who wants to speak has an opportunity
                to do so.

        B.   When to Use

            1.  When the agency wants to inform people, clear up
                misunderstandings on agency actions or plans, or generate
                public discussion on proposals,  plans, or recommendations.

            2.  When the agency wants to reach a large number of people at
                once, both directly (at the meeting) and indirectly through
                follow-up media coverage in local and regional newspapers, and
                on radio and television.

            3.  When the agency wants to encourage comment and debate among
                various groups interested  in the facility's permit and to
                encourage more community dialogue.

            4.  When community interest on an issue is high.
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                               -39-
        5.  When participants in a project feel the need to share
            information and ideas with the rest of the community.

        6.  When an agency seeks to communicate with an audience larger
            and more diverse than can be included in workshops.

        7.  If the sole purpose of conducting a public meeting is to
            educate the public, consider whether the public meeting is the
            most effective technique.  The use of newsletters, fact
            sheets, slide programs, or sending public speakers to the
            regularly scheduled meetings of organized groups, may prove
            more successful.

4.6.3  Evaluation

    A.  Did the staff or participants have a good reason for holding this
        meeting?  What was the goal of the meeting?  Was the goal clearly
        stated?  Did the goal of the agency match that of the audience?
        Was the goal of the meeting attained?

    B.  Did the meeting precede and relate to a key decision point?  Was
        the audience aware of this fact?

    C.  Was attendance at the meeting consistent with the meeting's goals?

    D.  Did the staff provide written background material?  What products
        were provided to attendees?  Examples:

        •   Executive Summary
        •   Technical Summary
        •   Fact Sheet
        •   Newsletter
        •   Technical Report
        •   Maps and Graphs
        •   Other

    E.  How long was the program?  Was the agenda followed closely?  Was
        the program just right in length, too long, or too short?  Did the
        audience remain attentive for the entire program?

    F.  Were the moderator, speakers, and supporting staff appropriate for
        meeting the session's e-oals?
meeting the session's goals?
    G.   Was the informational program well presented?  Was the speaker(s)
        well informed?  Did audio-visual materials contribute to the
        informational aspects of the program?  Was the informational
        program well balanced,  too technical, or not detailed enough?

    H.   Did the sponsoring agency ask attendees to evaluate the meeting?

        1.   If so, were the attendees representative of the affected
            community?
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                                   -40-
            2.  If so, did the attendees seem to understand the purpose of the
                meeting?  Plan?  Project?  Timetable?  The public's role?  The
                timing of the key decision points?  How the public's comments
                would influence decisions?  The government agencies involved?
                Costs?  The source of funds?

        I.   Did the public receive complete answers to their questions?

        J.   Did a staff member take notes at the meeting for use in permit
            development and in a responsiveness summary?

        K.   Was formal public notice sent 30-45 days prior to the meeting?
            Did the notice clearly state:  (check)

            •   Purpose
            •   Date and Place
            •   Time
            •   Directions to the meeting site
            •   Parking, transportation, and other supporting information


4.7  PUBLIC  HEARINGS

    4.7.1  Focus

    While hearings are the most familiar form of dialogue, they should not
serve as the only forum for citizen input.  When used, they should occur at
the end of a process that has given the public earlier access to information
and opportunities for involvement.

    4.7.2  Techniques

        A.   Information

    At the beginning of the hearing, the agency must inform the audience of:

        •   The issues involved in the decisions to be made;

        •   The considerations the agency will take into account
            under laws and regulations;

        •   The agency's tentative conclusions, if any; and

        •   The information the agency solicits from the public.

    Certain regulations require the preparation of a formal hearing record,
such as a verbatim transcript or an audio tape recording.  Hearing records
must be left open for at least 10 days to receive additional public comment,
and be available for inspection and copying.
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                                   -41-
    Public hearings provide highly structured opportunities for hearing and
collecting public testimony on projects and issues.   Public hearings are most
likely to be held during the public comment period on the draft permit, at
which time they often serve to encourage the preparation of written comments
by the public.

    Holding a public hearing does not mean that an agency has conducted a full
public involvement program.  Under normal circumstances, many other public
participation events must occur prior to a hearing so that the public has had
an opportunity to gain considerable knowledge and understanding of the issues
in advance and thereby be able to offer informed comments at the hearing.

    While public hearings are formal events, a variety of hearing formats
exist.  A format should be chosen that meets the needs and conditions of the
project.

        B.   Procedures

            1.   Begin with an opening statement that includes a summary of
                major recommendations or conclusions, a description of the
                public involvement effort, and explanation of the hearing
                rules.

            2.   Consider having a question-and-answer period so that issues
                are clarified and proposals explained.  Ques'tions can be taken
                in the hearing room or in an adjacent room.

            3.   Accept public testimony scheduled in advance, but avoid giving
                one category of testimony the "best" time periods, which may
                alienate general citizens who may also want to speak.  Set a
                time limit for oral testimony (such as five or ten minutes)
                and encourage participants to submit longer written testimony.

            4.   Have an additional period of testimony for those who did not
                schedule their remarks in advance.  Consider taking them in
                the order in which they signed up at the hearing, or schedule
                blocks of time for particular points of view.  When many
                people sign up at once, names can be drawn at random.

            5.   End with a closing statement in which the schedule for
                additional hearings, the length of the comment period,
                procedures for providing additional testimony, and a statement
                on how to view or obtain copies of the complete hearing record
                (if one has been prepared), are described.
    Note:   A public hearing is a type of public meeting.   Consequently, much
of the material in the preceding section on effective meetings applies here.
Please see that section for further information.
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                               -42-
        6.  Attempt to hold to a set schedule for those participants who
            have signed up in advance to speak at the hearing.

        7.  Have some type of registration card available at the hearing
            for people who wish to speak but did not pre-register.

4.7.3  Evaluation

    A.  Was the purpose of the hearing stated to the public in
        attendance?  Were the issues clearly stated to the public?  Was
        the purpose of the hearing fulfilled?

    B.  Were hearing notices sent out 30-45 days in advance?  Did
        participants indicate that they were notified well in advance?
        Did they receive reminders a week or two before the hearing?

    C.  Were notices sent to a cross section of the population?  To whom?

        •   Officials
        •   Organized Groups
        •   Affected Citizens
        •   Others

    D.  Were any significant groups omitted?  If so, which ones?

    E.  Were communication efforts beyond public notices used to reach
        people?  Which techniques were used?

        •   Direct mail letters
        •   Posters in prominent places
        •   Phone calls to opinion leaders
        •   Media or publicity events
        •   Other

    F.  Were background information documents available to the public at
        least 30 days before the hearing?  What was provided?

        •   Executive summary
        •   Fact sheets
        •   Copies of full technical reports
        •   Newsletters
        •   Other

    G.  Did participants at the hearing seem to have a sufficient
        knowledge of the issues discussed?  Had the public read the
        educational materials prepared in advance of the hearing?
        According to the participants, were the materials helpful  in
        clarifying issues or explaining proposals?

    H.  How many hearings were conducted?  Were some hearings held  after
        working hours?  Were hearings conducted at one location or  at
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                                   -43-
            several?  Would hearing participants prefer to have hearings
            scheduled at a different time, place, or location,  in the future?

        I.  Was the hearing organized so that there was advance scheduling of
            speakers?  Did all those who wished to speak have an opportunity
            to do so?  Did the speakers seem to represent a balance of
            perspectives?

        J.  Were the hearing examiners attentive to the various speakers
            throughout the length of the hearing?  Did they just receive
            testimony silently, or did they respond to points raised by the
            various people presenting testimony?  What was their appropriate
            role for this hearing?

        K.  Was a hearing transcript prepared?  Was it an accurate reflection
            of the hearing's events?  Did citizens know in advance that their
            comments would be part of a formal hearing transcript?

        L.  Was an "open record period" announced and explained to the
            public?  Was additional testimony submitted to the agency during
            the open period?

        M.  Was the hearing record made available to the public?  Was a
            summary of the hearing record made available to the  public?  To
            the media?  How did citizens and officials request copies of the
            transcript, if they desired one?

        N.  Did the agency prepare a responsiveness summary following the
            hearing?  Did the summary fairly reflect the points of view stated
            in written and oral testimony?


4.8  RESPONSIVENESS  SUMMARIES

    4.8.1   Focus

    A responsiveness summary is a document that summarizes the comments made
by the public and states specific agency responses to the comments.  A
responsiveness summary is used to inform citizens of how their comments
affected agency decisions.  It keeps the public informed about the status of
the permitting process.  It provides decision-makers and reviewers with an
overview of public reaction and concern.  It provides the public with a device
to track the consequences of involvement.

    Responsiveness summaries should be brief and concise documents summarizing
the comments and responses of various publics and government agencies.
Complex issues and comments should be broken down into component elements.
Similar comments from several groups or individuals should be re-phrased into
a single comment with a single response, unless this would obscure important
variations.  Comments should be rephrased where necessary for clarity or
conciseness.  Organize the responsiveness summary so that participants can
-------
find their comments easily and logically.  Do not avoid negative points of
view; the responsiveness summary should contain an honest assessment of public
comments.

    Some of the benefits derived through preparing responsiveness summaries
include the following:

            A.  Responsiveness summaries aid in determining if program and
                public participation objectives are being met.

            B.  They provide feedback to citizens on their comments and
                interpretation.

            C.  They help to determine if public information products are
                being read, understood, and used in a timely and meaningful
                manner.

            D.  They provide insight into the degree of success of public
                hearings and meetings.

            E.  They provide a check on the ability of innovative
                participation and information techniques to inform and elicit
                meaningful comments.

            F.  They can be used in a mid-course assessment of the public
                involvement effort; this review may suggest changes for the
                remaining phases.

            G.  The final responsiveness summary gives the participating
                public a chance to provide the agency with an evaluation of
                the public involvement effort.

            H.  They provide opportunities to organize the issues raised by
                the public and to view them from a new perspective.

            I.  They help to document the decision-making process.

    4.8.2  Techniques

            A.  The responsiveness summary (or similar report) must explain
                the type of participation activity conducted, identify
                participants and their affiliation, describe matters on which
                the public was consulted, summarize viewpoints, comments,
                criticisms and suggestions, disclose the agency's process in
                reaching a decision, set forth the agency's specific responses
                in  modifying proposed actions or rejecting public proposals,
                and the reasons for such actions.

            B.  The final responsiveness summary should describe:
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                               -45-
            1.  The number and effectiveness of meetings,
                mailings, public notices, and hearings at which
                the public was informed or consulted about the
                project.

            2.  The numbers and kinds of diverse interests which
                were involved in the project (e.g., What
                organizations and special interest groups
                provided advice?).

            3.  The extent to which citizen's views were taken
                into account in decision-making (e g., Were
                comments used or rejected?  Why?)

            4.  The specific changes, if any, in project design
                or scope (e.g., What changes in permit
                conditions occurred as a result of citizen
                input?)
4.8.3  Evaluation
        A.  Did the responsiveness summary provide a reasonable
            description of the events,  a summary of comments and points of
            view represented, and a summary of the responses of the agency?

        B.  Did the responsiveness summary provide adequate depth to the
            comments and responses?  Would someone not present at the
            event(s) have a clear idea of what transpired?

        C.  Is there an indication that the public had an impact on the
            permit?  If so, how is this impact expressed in the
            responsiveness summary?

        D.  Who are the organizations and individuals cited in the
            summary?  Do they represent a good mix of community leaders,
            business interests, government agencies, potentially impacted
            neighbors, and the other major targetted publics?  Are any key
            groups or individuals unrepresented, and if so, why?

        E.  Do the comments suggest a strong and coordinated opinion from
            a particular perspective, such as abutters to a facility's
            site?  Should these organized and vocal views receive more
            attention than some others?

        F.  Did the comments suggest a sound understanding of the issues?
            Did the public education program contribute to a better
            understanding of the issues?

        G.  Does the summary suggest that citizens and officials had ample
            opportunity to express their views and perspectives?
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                       -46-
H.  Does the summary indicate that citizens and officials had
    adequate notice of meetings and hearings?

I.  Do the responses to comments seem complete and reasonable?  Do
    they make a strong and convincing argument for decisions or
    directions taken?  Are they responsive to the difficult issues
    raised by the public?

J.  Did the preparers of the summary use a design and format that
    makes it easy for the reader to find key issues, and
    differentiate between comments and responses?

K.  Did the preparers of the summary include aids such as an
    introductory description of the purpose of the summary, a
    brief description of the facility as a part of the
    introduction, and an outline of the organization of the
    summary?

L.  Did the summary include copies of sign-in sheets,
    notifications, handout material, agendas, and questionnaires
    and evaluations?  Were they helpful, or just extraneous
    material in the summary?  Would a brief description of the
    materials have proved more useful to the reader?

M.  How was the responsiveness summary distributed?  Was it sent
    to affected decision-makers?  To those people who made
    comments? . To the people who attended hearings or meetings?
    To potentially impacted groups and individuals?  To
    information repositories and libraries?

N.  Was notice of its availability sent to the news media and the
    editors of newletters with a potential interest in the project?

0.  Was the length of the summary short enough so that people
    might, in fact, read it?  On the other hand, did it seem  like
    & long and weighty government report destined to be placed on
    a shelf and not read?
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                              -47-
                     5.  SPECIAL ISSUES








                             [Reserved]






5.1  PUBLIC  INVOLVEMENT  IN EXPOSURE ASSESSMENTS




5.2  PUBLIC  INVOLVEMENT  IN INCINERATOR CERTIFICATION




5.3  PUBLIC  INVOLVEMENT  IN CORRECTIVE ACTIONS




5.4  PUBLIC  INVOLVEMENT  IN SITING NEW  FACILITIES
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                                APPENDICES
     Appendix A provides a suggested format for public involvement plans.
While this format is intended to provide direction, strict adherence is not
required.  As is the case with public involvement in general, the format
should be used flexibly, allowing for adaptation and creativity.

     Appendix B contains samples of both required and suggested RCRA permit
public involvement materials.  Here again, the format and content of these
samples is intended to be illustrative,  not prescriptive.  The reader may  use
any ideas or language contained within the samples, either verbatim or
paraphrased.  These samples have not, however, been reviewed for content,  and
are intended solely to familiarize the reader with these types of public
involvement materials.
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                                APPENDIX A

                FORMAT FOR PUBLIC  INVOLVEMENT  PLANS
A.  Overview of Public  Involvement Plan

     Purpose:   This section should provide a general  introduction  to  the
     document  by briefly stating the purpose of  the public  involvement  plan
     and the distinctive or central features of  the public  involvement  effort
     planned for this specific facility.   It should also  note  any  special
     circumstances of the community and the facility  that the  plan has  been
     designed  to address.  This statement should not  be a repetition  of
     general program goals (e.g., "Keep the community informed").

     Length:  One paragraph.

B.  Capsule Facility Description

     Purpose:   This section should provide a reader unfamiliar with the
     facility  with the historical, geographical,  and  technical details
     necessary to understand why the facility has been targetted for  expanded
     pub lie invoIvement.

     Suggested topics:   Facility location and proximity to  other landmarks;
     history of facility use and ownership; date and'type of any releases;
     public's  perception of any threat to public health or  environment  posed
     by the facility; the permitting process to  date;  and responsibility for
     developing permit (e.g.,  state or federal).

     Length:  One page.

C.  Community  Background

     Purpose:   This section should provide an understanding of the community
     and its involvement with the facility.  It  should be divided  into  three
     parts:

     1.   Community Profile:   a discussion of the economic  and political
          structure of the community,  and key community issues and interests.

     2.   Chronology of  Community Involvement:   a discussion of how the
          community has  reacted to the facility  and its owners or  operators in
          the  past, actions taken by citizens, and attitudes toward government
          roles and responsibilities.

     3.   Key  Community  Concerns:  an analysis of the major concerns  of the
          community regarding the perceived risks or  problems  posed by  the
          facility.

     In all three sections, but particularly in  the last, the  focus should be
     on the community's  perceptions of the facility and its effects on  the
     community.
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                                   A-2
     Length:   May vary between three to seven pages,  depending on the history
     and level of community involvement and concern regarding the facility.

D.  Highlights of Public  Involvement Program for  the Facility

     Purpose:   This section should provide concrete details  on public
     involvement approaches to be taken at the facility.   These approaches
     should follow directly and logically from Section C's discussion of the
     community and its perceptions of the problems posed  by  the facility.
     This section should  not restate the goals or  objectives of public
     involvement in RCRA  permitting in general.   Instead, it should develop  a
     strategy  for communicating with a specific community.  The most effective
     avenues  for communicating with the public that were  identified in the
     field assessment should be emphasized.

     Suggested topics:

          •   Resources to be used in the public involvement program (e.g.,
              local organizations, meeting places);

          •   Key individuals or organizations which will play a role in
              public involvement activities;

          •   Areas of sensitivity that must be considered in conducting
              public involvement efforts.

E.  Public Involvement Techniques and  Timing

     Purpose:   This section should state what public involvement activities
     will be  conducted at the facility, and when they should be implemented.
     This section should  also suggest additional techniques  that might be
     conducted at the facility, depending on circumstances as the permit
     process  proceeds, and when in the process they are likely to be most
     effective.

     Length:   Two to three pages.  Matrix format may be suitable for this
     section.

Appendices

          •   Mailing List of Interested Parties and Key  Contacts

          •   Suggested Locations for Meetings and Information Repositories
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                 APPENDIX B



SAMPLES OF WRITTEN  MATERIALS AND PUBLICATIONS
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                          Statement Of Basis
                           STATEMENT OF BASIS

                         Columbus Steel Drum Co.

                            OHO 000-723-676


This is a statement of basis for the Draft Hazardous  Waste  Permit  for  the
subject facility.  It briefly describes the derivation of the conditions
of the draft permit and the reasons for them.  Under  40 CFR 124.7  (Title
40 of the Code of Federal Regulations, Section 124.7), the  Statement of
Basis is sent to the applicant and to any other person who  requests  it.

A.  FACILITY DESCRIPTION

   1.  RCRA Activities

       Columbus Steel Drum is located in BlackUck, Ohio at 1385 Blatt Blvd.
       Columbus Steel Drum is primarily a reconditioner of  used steel  drums,
       but operates, as an extension of its business, a small hazardous
       waste storage facility.  The hazardous waste that is stored originates
       either from (1) residues found at the bottoms  of incoming "empty" drums,
       or (2) spent solvents used to clean out the drums.  Hazardous waste
       storage occurs only in closed drums in a specially-designated drum
       storage area, or in one underground storage tank. The wast.es involved
       are considered "hazardous" under federal law because they are either
       "ignitable" (a regulatory term roughly meaning " very flammable") or
       because they contain lead and/or cadmium.  Lead and  cadmium are elements
       found in some of the paints used on the incoming barrels, and these
       elements can be toxic if ingested at sufficiently high concentrations.
       This draft permit includes all of the necessary Federal requirements  to
       ensure that the wastes handled will pose no threat to public health or
       the environment.  No burial, or disposal of wastes in any manner, occurs
       on-site.

    2.  Permit Actions Other Than RCRA

        a. Water

        Columbus Steel Drum does not require a National Pollutant  Discharge
        Elimination System  (NPDES) permit as all  of their process  and  sani-
        tary wastewater is discharged to the public sewer owned and operated
        by the City of Gahanna.
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                                    -2-
b.  Ai r

    Columbus Steel  Drum has applied  for and received  Ohio  air  permits  from
    the Central  District Air Pollution  Control  Agency limiting the
    discharge of air emissions from  four point  sources.  These are:

    1)  drum lining line;
    2)  drum exterior coating line;
    3)  lid coating line; and
    4)  oxidizer.

c.  Other Federal Acts Considered

    Columbus Steel  Drum will not require other  permits to  satisfy any
    other Federal Acts.  The facility will  not  have an adverse effect
    on the historical, architectural, archeological or cultural
    characteristics of the properties either listed or eligible for listing
    on the National Register for Historical Places.

B.  PERMIT APPLICATION

    The permit application cited herein is  the  August 29,  1983, permit
    application  as  amended on November  22,  1983, January 4,  1984, January 10,
    1984, January 23, 1984, February 1, 1984, February 22, 1984, and March  30,
    1984.

C.  PURPOSE OF THE PERMITTING PROCESS

    The purpose of the permitting process is to afford the United States
    Environmental Protection Agency  (U.S. EPA), interested citizens and
    other governmental agencies the  opportunity to evaluate the ability
    of the applicant to comply with  the applicable hazardous waste manage-
    ment requirements under the Resource Conservation and  Recovery Act
    (RCRA).  The U.S. EPA is required to prepare a draft permit which
    sets forth all  the applicable requirements  which the Agency intends
    to require the Permi!tee to comply  during the ten year duration of
    the permit.
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                                 -3-


D.  PROCEDURES FOR REACHING A FINAL  DECISION

    Under Section 7004(b) of RCRA and 40 CFR §124.10,  the  public  is  given
    forty-five days to review the application and  comment  on the  draft
    permit conditions prior to EPA taking any final  permitting  action on
    the application for a hazardous  waste management permit.  The  comment
    period will  begin on the date of publication of  the  public  notice in a
    major local  newspaper of general  circulation.  When  the Regional Admini-
    strator of the U.S. EPA makes his final  permit decision, notice  will be
    given to the applicant and each  person who has submitted written comments
    or requested notice of the final  permit decision.   If  none  of the comments
    received requested a change in the draft permit  conditions, the  permit will
    become effective immediately upon issuance of  the permit.   If comments
    received during comment period requested changes in  the draft permit
    conditions,  then the final permit will become  effective thirty (30) days
    after service of notice of the decision or at  a  later  date  if review is
    under 40 CFR §124.19.

    The issuance of a Hazardous Waste Permit will  be coordinated  by  both U.S.
    EPA and the  Ohio Environmental Protection Agency (OEPA).  At  this time,
    each Agency  has regulations which require a permit to  be  issued  for all
    facilities which treat, store, or dispose of hazardous waste.  If the
    state receives final authorization for the hazardous waste  program, the
    the state will assume the administration of the  Federal hazardous permitting
    program and  this permit.

E.  BRIEF SUMMARY OF THE PERMIT CONDITIONS

    The attached Section provides a  brief summary  of the permit conditions
    in the draft permit.  The column titled "Regulation" provides
    the regulatory authority for the permit condition specified in
    the column titled "Permit Condition."
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Permit
Condition       Subject

I.  STANDARD CONDITIONS

I.A.          Effect of Permit

I.B.          Permit Actions
I.C.

I.O.I.

1.0.2.


1.0.3.

I.0.4.


1.0.5.

1.0.6.


1.0.7.
1.0.8.
1.0.9.
I.D.10.
i.o.n.
1.0.12.
I.0.13.
I.0.14.


1.0.15.
SeverabUUy

Duty to Comply

Duty to Reapply


Permit Expiration

Need to Halt or Reduce
Activity not a Defense

Duty to Mitigate

Proper Operation and
Maintenance

Duty to Provide Information
InspectTon and Entry
Monitoring and Records
Reporting Planned Changes
(Not Used)
Anticipated NoncompHance
Transfer of Permits
Compliance Schedules
Twenty-Four Hour Reporting
                                             Regulation
                                              (40 CFR)
§270.4 & 270-.30(g)

§270.30(f), 270.41
S270.42, 270.43,
§264.112 &
§264.343(d)

Standard Practice

§270.30(a)

§270.30(b) &
270.10(h)

§270.51

§270.30(c)


§270.30(d)

§270.30(e)
§270.30(h) &
§264.74(a)

§270.30(1)
§270.30(J)
§270.30(1)(D

§270.30(1)(2)
§270.30(1)(3),
270.40 &
264.12(c)

§270.30(1)(5) &
270.33

§270.30(1)(6) &
264.56(d)(1)(J)
-------
Permit                                                     Regulation
Condition       Subject                                     MO CFR)

1.0.16.        Other Noncompllance                          §270.30(1)(10)

1.0.17.        Other Information                            §270.30(l)(n)

I.E.           Signatory Requirement                        §270.11  & 270.30(k)

I.F.           Confidential Information                     §270.12

I.G.           Not Used

I.H.           Documents to be Maintained at                §26A.13(b),
              Facility SHe                                264.16(d),
                                                           §264.53(a),
                                                           264.122(3),
                                                           §264.142(3),
                                                           264.73,  §264.15(b)
-------
Permit
Condition
II. GENERAL
II. A.
II. B.
II. C.
II. 0.
II. E.
II. F.
II. G.
II. H.
II. I.I.
II. I. 2.
U.I. 3.
II. I. 4.
II. I. 5.
II. J.I.
II. 3. 2.
II. J. 3.
II. J. 4.
U.K.
II. L.I.
ILL. 2.
Subject
FACILITY CONDITIONS
Design and Operation of Facility
Required Notice (Not Applicable)
General Waste Analysis
Security
General Inspection Requirements
Personnel Training
General Requirements for Ignltable,
Reactive and Incompatible Waste
Location Standards (not applicable)
Required Equipment
Testing and Maintenance of Equipment
Access to Communications or Alarm System
Required Aisle Space
Local Authorities
Implementation of Contingency Plan
Copies of the Contingency Plan
Amendments to the Contingency Plan
Emergency Coordinator
Manifest System
Operating Record
Biennial Report
Regulation
(40 CFR)

§264.31

§264.13
§264.14
§264.15
§264.16
§264.17

§264.32
§264.33
§264.34
§264.35
§264.37
§264.51
§264.53
§264.54
§264.55
§264.71, §264.72,
§264.76,
§270.30(1)(7),
§270.30(1)(8)
§264.73
§264.75,
§270.30(l)(g)
-------
Permit                                                     Regulation
Condition       Subject                                     (40 CFR)
II.M.I.       Closure Performance Standard                 §264.111
II.M.2.       Amendment to Closure Plan                    §264.112(b)
II.M.3.       Notification of Closure                      §264.112(c)
II.M.4.       Time Allowed for Closure                     §264.113
II.H.5.       Disposal or Decontamination of Equipment     §264.114
II.M.6.       Certification of Closure                     §264.115
II.N.         Closure Cost Estimate                        §264.142
II.0.         Financial Assurance for Facility Closure     §264.143
II.P.         Liability Requirements                       §264.147
II.Q.         Incapacity of Owners or Operators,           §264.148
              Generators or Financial -Institutions
-------
Permit                                                     Regulation
Condition       Subject                                    _(40 CFR)
III.  STORAGE IN CONTAINERS
III.A.        Waste Identification                         §270.13(1)
III.8.        Condition of Containers                      §264.171
III.C.        Compatibility of Wastes with Containers      §264.172
III.O.        Management of Containers                     §264.173
III.E.        Containment                                  §264.175
III.F.        Special Requirements for Ignltable or        §264.176
              Reactive Waste
III.S.        Special Requirements for Incompatible        §264.177
              Waste
-------
Permit                                                     Regulation
Condition       Subject                                     (40 CFR)
IV.  STORAGE IN TANKS
IV.A.         Waste Identification                    .     §270.13(1)
IV.8.         Design of Tanks                              §264.191
IV.C.         General Operating Requirements               §264.192
IV.0.         Special Requirements for Ignltable           §264.198
              or Reactive Waste
IV.E.         Special Requirements for Incompatible        §264.199
              Waste
-------
                       Letter To Library To Set Up Repository
Ms. Ruth Berman
Head Librarian
New London Public Library
406 South Pearl Street
New London, Wisconsin  54961

Dear Ms. Berman:

Per my telephone conversation on June 3,  1985,  with Ms.  Vicki  Crznarich,
the United States Environmental Protection Agency (U.S.  EPA),  Region  V,
will receive comments on the permit application and U.S. EPA's draft
permit for Curwood, Incorporated which is located in New London.
Please make the items listed below available for public  review at  the
New London Public Library as soon as they are received.   I  am  requesting
that you complete the enclosed verification form in order for  our  Agency
to be assured that these materials were received.

  - A copy of the Curwood Incorporated permit application
  - A copy of the U.S. EPA, Region V, draft permit for Curwood
  - A copy of the U.S. EPA, Region V, Fact Sheet for Curwood
  - A copy of the Public Notice to be published in the New London
    Star-Press and Appleton Post Cresent  on June 27, 1985,
    advising the availability of these materials at the  Library
  - A copy of the U.S. EPA, Region V, pertinent Public Participation
    Regulations

Please retain the materials .on file for public  access until further
notice.  Enclosed are self-addressed, stamped labels and envelopes
to be used for the return of these materials upon notice.

Thank you very much for your cooperation  in assisting our effort to
serve the public.  Please contact me at (312) 886-3715,  if you have
any questions.

Sincerely,
Christine Klemme
Environmental Protection Assistant

Enclosures
-------
              Public Notice (Without Corrective Action)
            NOTICE OP DRAFT PERMIT AND PUBLIC HEARING


          ONITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION III
                      6TH  AND WALNUT STREETS
                 PHILADELPHIA,  PENNSYLVANIA 19106


Date of this Notice: December 26, 1982 Public Notice No:  RCRA 2002


    The Doited States Environmental Protection Agency  (EPA) proposes
to issue a permit for the  storage and incineration of  hazardous
waste to the Union Carbide Corporation for  its facility which is
located on 437 MacCorkle Avenue, SW, South  Charleston, WV 25303.
The SPA permit is to be issued under the authority of  the Resource
Conservation and Recovery  Act.  This facility has been assigned EPA
identification Number WVD  98 055 4885.

    A draft permit which contains conditions for the operation of a
hazardous waste storage and  incineration facility has  been proposed
by EPA.  The permit conditions are  proposed and are  open to comment
fron the public.

    Persons wishing to comment on the draft permit must submit such
comments in writing or provide comments at  the public  hearing
described below.  Written  comments  must be  sent to the Environmental
Protection Agency, 6th & Walnut Streets, Philadelphia, PA 19106,
A-tention:  Joan Henry (3AW32) and  must be  received  by EPA on or
before February 11, 1983.

    This is to notify the  public  that a hearing to receive comments
on the permit will be held by EPA on January 27, 1983  in the South
Charleston High School located at 1 Eagle Way, South Charleston,  WV
at 7:00 p.m.

    All comments  should address the appropriateness  of the decision
.to prepare a draft permit  or  the  appropriateness of  any condition of
the draft permit.  All comments must  raise  reasonably  ascertainable
issues and should be accompanied  by all reasonably available
arguments, factual grounds and supporting material.  It is EPA's
present intent to limit comments  at the hearing to a maximum of five
minutes per speaker  so persons wishing to participate  in the hearing
are encouraged to prepare  written material  to be submitted along
with any oral comments.

    All written comments  received by  the above date  and all comments
received at the hearing will  be considered  in the formulation of
final  determination  regarding the permit.   After considering all
ccnwients and the  requirements and policies  in RCRA and its
implementing regulations,  the EPA Regional  Administrator will make a
decision regarding permit  issuance.
-------
    The administrative record, including the application, all
data submitted by the applicant, the fact sheet, the draft
permit, maps showing the exact facility location, and comments
received, nay be reviewed and copied at EPA Region III, 6th &
Walnut Streets, Philadelphia, PA 19106, between the hours of 8:30
a.m. and 4:30 p.m. Monday through Friday.  A copying machine will
be provided for public use at a charge per page.  Any person
desiring further information, copies of portions of the
administrative record, or an appointment to review the record
should contact Joan Henry at the above address or call (215)
597-8751.

    An additional copy of the application, draft permit and fact
sheet will be available for review at the West Virginia
Department of Natural Resources, Division of Water Resources,
1201 Greenbrier Street, Charleston, WV 25311.
-------
                   Public Notice For Corrective Action


             PUBLIC NOTICE REGARDING TENTATIVE DETERMINATION
            OF CONFORMITY WITH CORRECTIVE ACTION REQUIREMENTS
                   AND AMENDMENT OF PART B APPLICATION


 The  United  States Environmental Protection Agency (U.S. EPA) Region V, is
 hereby  giving notice of its tentative determination that there have been
 NO uncorrected releases of hazardous waste or hazardous constituents to
 the  environment, from any current or previous solid waste management
 units,  at the site on which CECOS International, Incorporated Processing
 Center  currently operates a storage and treatment facility at 4879 Spring
 Grove Avenue, Cincinnati, Ohio  45232.

 This tentative determination is one'of the steps U.S. EPA is undertaking
 to fulfill  its obligations under the recently enacted (November 8, 1984)
 Hazardous and Solid Waste Amendments of 1984 (HSWA; the Amendments).
 Section 206 of the Amendments  requires that all hazardous waste management
 permits issued after November 8, 1984, must require corrective action for
 all  releases of hazardous waste or constituents from any solid waste
 management  unit at a treatment, storage or disposal facility seeking a
 permit.  It further requires that permits iss^d must contain schedules of
 compliance  for such corrective action (where such corrective action cannot
 be completed prior to the issuance of the permit) and assurances of
 financial responsibility for completing such corrective action.

 U.S. EPA gave notice to the public of a draft permit for CECOS International,
 Incorporated's Processing Center on August 31, 1984, and held a public
 hearing on  the draft permit on October 2, 1985.  The technical review of
 the  permit  application, coupled with the above public participation activities
 constituted the whole of the application review process prior to HSWA.

 A final determination by U.S. EPA concerning any releases of hazardous waste
for  hazardous constituents to the environment   will also decide whether
 or not  an additional condition is placed in any final RCRA permit.  Should
 U.S. EPA determine that such releases have occurred, any permit issued to
 CECOS International, Incorporated's Processing Center would require that
 corrective  action be taken to address such releases, to prevent any threat
 to public health and the environment.  Should U.S. EPA determine that
 such releases have not occurred, no such corrective action requirement
 would be necessary.

 Today's tentative determination is based on a review of files and documents
 readily available to U.S. EPA.  The review has not discovered any evident
 of any  such releases to the environment.

 Comments are hereby solicited from the public as to whether any such
 releases have ever occurred at this site.  Comments must be in writing,
 and  should  provide factual information (type of release, location, date)
 which would cause U.S. EPA to modify today's tentative determination.
 Comments must be postmarked no later than September 30, 1985, and be
 addressed to Ms. Christine Klemme, Solid Waste Branch, 5 HS-JCK-13,
 230  South Dearborn Street, Chicago, Illinois  60604.

 This notice also serves to amend the Part B application.  CECOS International,
 Incorponted1s Processing Center will increase the capacities of the multi
 media filters to 22,500 gallons and the activated carbon absorbers to
 15,000  gallons in the wastewater treatment system.  This increase in
 capacities  will enable CECOS to treat a maximum of 360,000 gallons of
 wastewater  per day.
-------
                   Joint EPA/West Virginia Public Notice


          JOINT PUBLIC NOTICE OF PROPOSED ISSUANCE OF A PEFMIT UNDER
                    RESOURCE CONSERVATION AND RECOVERY ACT

                 United States Environmental Protection Agency
                                  Region III
                              841  Chestnut  Street
                       Philadelphia, Pennsylvania 19107

                            in conjunction  with the

                 West  Virginia Department of Natural Resources
                          Division of Water Resources
                      Hazardous Waste/Gtoundwater Branch
                            1201 Greenbrier Street
                        Charleston, West Virginia 25311

Date of this Notice:  June 28, 1965

    The United States Environmental Protection Agency (EPA) and the West
Virginia Department of Natural Resources (DNR) propose to issue a permit for
storage and incineration of hazardous waste to Union Carbide Technical Center
which is located at 3200 Kanawha Turnpike, South Charleston, W, 25303.  The
EPA permit is to be issued under the authority of the Resource Conservation
and Recovery Act (RCRA) as amended by the Hazardous and Solid Waste Amendments
of 1964 (HSKA) while the State permit is to be issued under authority of the
West Virginia Code Chapter 20, Article 5E.  The  facility has been assigned EPA
permit number WVD 06 068 2291.

    The State of West Virginia is authorized to operate a hazardous waste
management program in lieu of the Federal program  for those portions of RCRA
in effect at the time of the authorization which was prior to the enactment of
HSWA.

    HSWA imposes additional requirements on hazardous waste management
facilities which will be administered and enforced by EPA until the State of
West Virginia receives additional authorization  for those requirements.
Therefore, EPA, the Department of Natural Resources and Air Pollution Control
Commission will determine whether to issue permits to Union Carbide.  APCC
announced its tentative determination to issue a permit to Union Carbide on
May 16, 1985.

Facility Description

    Union Carbide Corporation has applied to West Virginia for a permit to
operate a hazardous waste incinerator, and two container storage areas at
their South Charleston Technical Center.  The incinerator is used to dispose
of many small bottles of waste laboratory chemicals and drums of waste
solvents generated by pilot plant washing operations.  In addition, the
incinerator is used to dispose of bags of experimental polyurethane foam Which
are non-hazardous waste.

    The Union Carbide Corporation Technical Center incinerator is a Brule1
Model PG4-T20 with three chambers.  The incinerator is equippjed with two
auxiliary fuel burners and a liquid/gas burner.  The auxiliary fuel burners
-------
are natural gas burners and are able co provide a total of 3 MM Btu/hr while
the third burner will be used to burn ignitable waste (D001) and/or natural
gas and can provide up to 5 MM Btu/hr.   The incinerator is also equipped with
a quench (for cooling the combusion gases)  and a packed bed scrubber (for
removing HCL and particulate from the gases).

    The two storage units include a hazardous  waste container storage area
which will be used to store drums of waste  and laboratory samples and a
refrigerated bunker used to store relatively small quantities of reactive and
ignitable materials under controlled temperature conditions.

DKR Tentative Decision

    DNR will issue a permit for the hazardous  waste incinertor and two storage
units.

EPA Tentative Decision

    EPA will issue a separate permit with the  following requirements:  The
permit includes "boilerplate" requirements  which must be in all EPA permits
per regulation 40 CFR S270.30.  In addition, it addresses Section (3004u) of
the Hazardous and Solid Waste Amendments of 1984, concerning Continuing
Releases at Permitted Facilities.  A permit issued by the Administrator or
authorized representative after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984 shall require corrective action for all
releases of hazardous waste or hazardous constituents from any solid waste
management unit at a facility seeking a oermit regardless of the time at which
waste was placed in such units.  The Permittee is required by the draft permit
to locate all present and former solid wastes  management units on the facility
property and determine whether there have been or are releases of anv
hazardous constituents from these units and submit a preliminary assessment to
EPA within thirty (30) days of the effective date of this permit.  If any
release has occurred or is occurring, the facility will be required to
undertake any activity necessary to clean up these releases.

    The preliminary assessment includes requirements to:

    1.   Identify all solid waste management units (SWMU) on a Copograohic map.

    2.   Provide construction design information for each SWMU.

    3.   Provide information on the waste handled at the SWMU and other
         operational data.

    4.   Provide data and descriptions of a potential release or evidence of
         no release.

    5.   Complete a site investigation of the units  identified.

    6.   Submit the preliminary assessment  site  investigation report  to  EPA
         within 30 days.
-------
Public Participation

    Persons wishing to comment on the draft permit, permit application or
object to permit issuance must submit their Garments in writing.  Duplicate
copies of comments"should be sent to the:

                        Environmental  Protection  Agency
                              841  Chestnut  Street
                            Philadelphia, PA 19107
                        Attention:  Robin Cole (3HW31)

                                      and

                 West  Virginia Department of Natural Resources
                          Division of  Water Resources
                      Hazardous Waste/Groundwater Branch
                            1201 Greenbrier Street
                            Charleston, W   25311
                             Attention:   Kim Petty

    All comments received within 45 days of this public notice will be
considered in the  formulation of the  final determinations regarding the
permits.

    In the event the Regional Administrator (EPA) or the Chief  (Division of
Water Resources) receives written notice of opposition to the draft permit and
a request for a public hearing within the comment period referenced above, a
hearing shall be scheduled at a location convenient to the nearest population
center to the proposed  facility.  Any person requesting a hearing must raise
all reasonably ascertainable issues and must include all reasonable available
arguments, factual grounds and supporting material.  If a  public hearing is
required, public notice will be given at least 30 days before the hearing.
Any requests fbr a public hearing should be addressed to the Regional
Administrator,  Environmental Protection Agency Region III, 841  Chestnut
Street, Philadelphia,  PA 19107 and/or the Chief, Division of Water Resources,
West Virginia Department of Natural Resources, 1201 Greenbrier  Street,
Charleston, WV 25311.

    The EPA administrative record, including the application, all data
submitted by the applicant, the fact sheet, the draft permit, maps showing the
exact  facility location, and ccnnnents received, may be reviewed and copied at
EPA Region III, 841 Chestnut Street,  Philadelphia, PA 19107, between the hours
of 8:30 a.m. and 4:30 p.m. Monday through Friday.  A copying machine will be
provided  for public use at a charge per page.  Any person desiring further
information, copies of portions of the administrative record, or an
appointment to review the record should contact Joan Henry at the above
address or call  (215) 597-7259.

    A copy of the State Administrative record, including the application,
draft permit and feet sheet will be available for review at the West Virginia
Department of Natural Resources, Division of Water Resources, Public
Information Office, 1201 Greenbrier Street, Charleston, WV 25311.  Any person
desiring  further information should contact Kim Petty at the above address or
call (304) 348-7861.
-------
    After consideration of all written comment and of the requirements and
policies in RCRA and appropriate regulations, the EPA Regional Administrator
and the WDNR Chief, Division of Water Resources, will make their decisions
regarding the permit issuance.  If the determinations are substantially
unchanged from those announced by this notice, the EPA Regional Administrator
and the Chief will so notify all persons submitting written comments.  If the
determinations are substantially changed,  the EPA Regional Administrator and
the Chief will issue a joint public notice indicating the revised
determinations.
-------
              Joint EPAIPennsylvania Public Notice
               JOINT NOTICE OF PREPARATION 0? A
                HAZARDOUS WASTE STORAGE PERMIT
             RESOURCE CONSERVATION AND RECOVER** ACT

         United States Environmental Protection  Agency
                          Region III
                     6th & Walnut Streets
               Philadelphia, Pennsylvania 19106

                    in conjunction  with  the
      Pennsylvania Department of Environmental Resources
               Bureau of Solid Waste Management
                      90 E. Union Street
                    Wilkes-Barre, PA 18701

Date of this Notice:  August 9,  1934

    The United States Environmental Protection Agency (EPA)  and
the Pennsylvania Department of  Environmental Resources (DER)
each has reviewed a permit application for storage of hazardous
waste from Allied Corporation -  Chemical Sector  - Pottsville
Plant, Pottsville, PA 17901.  EPA has made a  tentative
determination to issue its permit.   DER  is still reviewing the
application.  Both EPA and DER will consider all public
comments made at this time when  deciding whether to grant or
deny the permit.  The EPA draft  perzr.it was prepared under the
authority of the Resource Conservation" and Recovery Act (RCRA) ,
and the DER fact sheet was prepared under the authority of the
Pennsylvania Solid Waste Management Act  of 1930.  The proposed
facility has been assigned EPA draft Permit  Number PAD 06 977
6185.

The Role of DER

    The State of Pennsylvania is in the  process  of applying to
EPA for Final Authorization of  the  State's hazardous waste
management program.  Until Final Authorization occurs, both DER
and EPA will operate parallel programs,  jointly  review permit
applications and issue permits,  or  deny  permit applications
jointly where possible.   After  that, all facilities will
operate exclusively under State-issued permits.

Allied Corporation - Chemical Sector - Pottsville Plant
Application

    Allied Corporation - Chemical Sector - Pottsville Plant has
applied for a RCRA hazardous waste  permit to operate a
container storage facility at Kestwood Road  in Pottsville, PA.
-------
This facility will store hazardous  waste  in  containers  in a
sinqle storage shed.  Wastes stored in  the  shed  will  consist of
PVC Dry Blend Organic Liquid,  Main-enance Oils and  Solvents,
and Nylon Extrusion Wastes.

    The drums of hazardous waste will be  collected  and  stored
at this facility until sufficient quantities have been
accumulated for removal.  The  storage capacity of the facility
is 192 55 gallon drums (10,560 gallons).

PUBLIC PARTICIPATION

    Persons wishing to comment on the EPA draft  permit, DER
fact sheet or permit application should submit their  comments
in writing.  Duplicate copies  of comments should be sent to:

         Sherman L. Latchaw
         Facilities Management Section  (3HW32)
         EPA Region III

         and

         David J. Lamereaux
         Regional Solid Waste  Manager
         PA DER

         at the addresses indicated above.

   • All persons, including the applicant, who believe any
condition of the EPA draft permit is inappropriate  or that a
tentative decision to prepare  a draft  permit is  inappropriate,
must raise all reasonably ascertair.able issues and  submit all
reasonably available arguments and  factual  grounds  supporting
their position, including all  supporting  material,  by the close
of the public .comment period.   All supporting materials  shall
be included in full and may not be incorporated by reference,
unless they are already part of the EPA administrative record
in this permit action or consist of State or Federal statues
and regulations, EPA documents of general applicability, or
other generally available reference materials.  Commenters
shall make supporting material not already  included  in the
administrative record available to EPA/DER.  All comments must
be received within the 45-day period ending September  24.f 1984.
                                       *.
    In the event EPA and DER receive written objection to the
draft permit conditions or permit application and a  request for
a public hearing within the comment period referenced  above, a
hearing shall be scheduled at a location convenient  to the
population center  nearest to the proposed facility.  Public
notice of  the public hearing shall be given at least 30  days
before the hearing.
-------
PERMIT APPLICATION FILSS

    EPA's administrative record,  including the  application,  all
data submitted by the applicant,  the EPA draft  permit and fact"
sheet and maps showing the exact  facility location,  and
corrjnents received, may be reviewed and copied at EPA, Region
III, Sixth and Walnut Streets,  2nd Floor, Philadelphia,
Pennsylvania 19106, between the hours of 8:30 AM and 4:30 PM
Monday through-Friday.  A copying machine will  be provided for
public use at a charge per page.   Any person desiring further
information, copies of portions of the administrative record,
or an appointment to review the record should contact Joan
Henry at the above address or call (215) 597-8751.

    Similar information will be available' for review at the
Pennsylvania Department of Environmental Resources,  90 E. Union
St., Wilkes-Barre, Pennsylvania 18701 between the hours of 8:00
AM and 4:00 PM Monday through Friday.  Any person desiring
further information should call Mr. David Lamereaux, Regional
Solid Waste Manager, Wilkes-Barre at (717) 826-2516.

    Copies of the permit application are also available at the
Schuylkill County Planning Commission Courthouse, Pottsville,
PA and the Norwegian Township Board of Supervisors,  Maple
Avenue, Mar Lin, PA.

    Any relevant comments received within 45 days of the date
of this joint public notice will  be considered  in the
formulation of final determinations regarding' the permits.
After consideration of all written comments and of the
requirements and policies in RCRA and appropriate State
regulations, EPA and DER will make their final  decision to
either issue, modify or deny the  permit.  At that time, EPA and
DER will notify the applicant and each person who has submitted
written comments or requested notice of the final permit
decision.  The final EPA permit decision will become effective
thirty (30) days after the service of notice of the decision
unless a later date is specified  or review or appeal to the
Administrator of EPA is requested under 40 CFR  §124.19.  If no
comments requested a change in the draft permit, the final
permit will become effective immediately upon  issuance.  The
final DER permit action will be published in the Pennsylvania
Bulletin and thi,s action by the Department may  be appealable to
the Environmental Hearing Board,  Third Floor,  221 North Second
Street, Harrisburg, Pennsylvania  17101,  (717)  787-3483), by any
aggrieved person pursuant to Section 1921-A of  the
Administrative Code of 1929, 71 P.S. Section 510-21; and the
Administrative Agency Law, 2 Pa.  C.S., Chapter  5A.  Appeals
must be filed with the Environmental Hearing Board within
thirty (30) days of receipt of written notice  of this action
unless the appropriate statute provides a different  time
period.  Copies of the appeal form and the regulations
-------
governing practice and procedure before the Board nay be
ootained from the Board.  This paragraph does not, in and of
itself, create any right of appeal beyond that permitted bv
applicable statutes and decisional law.

ISSUES OUTSIDE THE SCOPE OF THE PROPOSED ACTION

    Continents are requested only on the storage facility
described above.  Comments outside the scope of this permit
will not be accepted nor acted upon.
-------
               Public Service Announcement Cover Letter,  Script,
               And Verification Form
Ref:  8AW-WM

KQIL Radio
P.O. Box 320
Grand Junction, CO  81502


Dear Linda Sparks

     Enclosed please find a purchase order from the  Environmental  Protection
Agency (EPA)  to place a radio broadcast with your station.   The  announcement
gives public  notice regarding a period of review for a  hazardous waste  permit
at the University of Colorado.  The announcement should be  aired on June 14
        1984.

     We have  enclosed the announcement to be aired.   Please return the
enclosed verification form in the self-addressed envelope,  in  order to  receive
payment and to allow EPA to document the time and place of  the radio
advertisement.

     If you need further information or find that the announcement must be
changed in  any way,  please call Mrs. Pat  Urquhart at  (303)844-6258.

     Thank  you for your assistance.

                                       Sincerely yours,
                                       Al  Broach
                                       Purchasing  Agent
Enclosures
-------
                               RADIO ANNOUNCEMENT




                 (TO BE AIRED ON STATION KQIL ON JUNE 14, 1984)








    FOR A PERIOD OF 45 DAYS ENDING ON JULY 30, 1984, ANY INTERESTED PERSON MAY



SUBMIT WRITTEN COMMENTS AND MAY REQUEST A PUBLIC HEADING ON THE ENVIRONMENTAL



PROTECTION AGENCY'S TENTATIVE DECISION TO DENY A HAZARDOUS WASTE PERMIT FOR



USE OF WASTE PILES AT THE GARY REFINING COMPANY'S FRUITA, COLORADO, SITE.  A



REQUEST FOR A HEARING MUST BE IN WRITING AND MUST SPECIFY THE ISSUES TO BE



RAISED.  COMMENTS, QUESTIONS, AND REQUESTS FOR A HEARING SHOULD BE DIRECTED TQ



LAWRENCE A WAPENSKY, U.S. EPA REGION VIII, WASTE MANAGEMENT BRANCH, 1860



LINCOLN STREET,  DENVER, COLORADO, 80295.



    THE ADMINISTRATIVE RECORD, WHICH CONTAINS SUPPORTING DOCUMENTS AND OTHER



INFORMATION ASSOCIATED WITH THE GARY REFINING COMPANY PERMIT DENIAL, IS



AVAILABLE FOR REVIEW DURING REGULAR BUSINESS HOURS AT THE U.S. EPA LIBRARY,



1860 LINCOLN STREET, DENVER, COLORADO, AND AT THE COLORADO DEPARTMENT OF



HEALTH, ROOM 232, 222 SOUTH 6TH STREET, GRAND JUNCTION,  COLORADO.
-------
                            VERIFICATION OF BROADCAST

    This is to verify that a Public Announcement on the Environmental
Protection Agency's notice of denial of a hazardous waste storage permit  for
Gary Refining Company was broadcast on KQIL on the following dates:
Signature
     Date
-------
                 Public Notice Of Facility Closing


           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                               REGION VIII
*>c"-
                           1360 LINCOLN STREET
                        DENVER, COLORADO 80295


                U.S.  ENVIRONMENTAL PROTECTION AGENCY -  REGION VIII
                        PUBLIC NOTICE OF FACILITY  CLOSURE
             UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

 Facility  Closing

 Name:       Laramie Energy  Technology  Center, North Site  (LETC)
            EPA  I.D.  #:  WY2890031874

 Location:   One mile  North  of  Laramie  on U.S. Highway 30
            P.O. Box  3395 University Station
            Laramie,  Wyoming   82071

    LETC  operated a  facility, which was identified on  the RCRA Part A permit
 application, for storing hazardous waste in containers, with a proposed
 capacity  of 500 gallons for 68 different hazardous wastes.  The largest
 quantities  of hazardous waste anticipated  to be stored at the facility ware
 benzene,  toluene, and cyclohexane.

 Public Comments
    The Environmental Protection Agency (EPA) announces that until
May 24, 1985, public comment will be accepted on the LETC closure plan, in
accordance with hazardous waste regulations (40CFR 265.112 (d)).  Accordina to
these regulations, the EPA Regional Administrator will approve, modify, or
disapprove the plan.  Comments, questions, and written communications should
be directed to Lawrence Wapensky, U.S. EPA Region VIII, Waste Management
Branch, 1860 Lincoln Street, Denver, Colorado, 80295, telephone number
(303) 293-1662.

    The closure plan and supporting documents are available for review during
regular business hours (8:30 a.m. to 4:30 p.m.) at the U.S. EPA Library,
1860 Lincoln Street, Denver, Colorado, at the offices of the  Department of
Environmental Quality, Water Quality Division, Herschler Building,
122 West 25th Street, Cheyenne, Wyoming, and the Albany County Public Library,
310 South 8th Street, Laramie, Wyoming!
-------
      Public Hearing Registration Forms
v»EPA
   U.S. Environmental Protection Agency
PUBLIC MEETING REGISTRATION FORM
 NAME.
 ADDRESS.
 CITY	ZIP.
 Do you represent a municipality, agency or group?

       DYes  Which?	

       DNo

 Are you already on our mailing list?

       DYes

       DNo
£EPA
   U.S. Environmental Protection Agency
PUBLIC MEETING REGISTRATION FORM
 NAME.
 ADDRESS.
 CITY	ZIP.
 Do you represent a municipality, agency or group?

        DYes  Which?	
        DNo
 Do you want to submit     Do you want to make
 written comments?        make verbal comments today?

        DYes                DYes
        DNo                 DNo
-------
                                                      -
SUGGESTED DOCUMENTS WHICH MAY BE INCLUDED IN ADMINISTRATIVE RECORD


•   EPA INVESTIGATIVE RECORDS
    •  Inspection Reports

    •  Sampling and analytical data

    •  Photographs

    •  Expert Witness Statements

    •  Statements/interviews with Facility's current or
       former employees

    •  Informants' tips or citizen complaints corroborated
       by supporting information
    REPORTS AND INTERNAL EPA DOCUMENTS USED IN
    GENERATING OR SUPPORTING ENFORCEMENT ACTION
    •  Relevant correspondence between EPA and Respondent

    •  Records of conferences and telephone calls between
       EPA and Respondent

    Note:  Deliberative documents are exempt from
          disclosure under the FOIA
•   RCRA SOURCES
    •   RCRA Part A and Part B Permit Applications

    •   SWMU Response to Reauthorization Statutory Interpretation

    •   Comprehensive Monitoring Evaluations (CMEs)

    •   Exposure Information Report

    •   RCRA Biennial Reports

    •   RCRA Waste Manifests

    •   RCRA Facility Assessment (if available)

    •   RCRA Facility Investigation (if conducted)

    •   Corrective Measures Study (if conducted)

    •   Responses to RCRA Section 3007 Information Requests

    •   Information Obtained Through RCRA Section 3013 Orders
-------
•   CORRESPONDENCE BETWEEN EPA & STATE OR
    OTHER FEDERAL AGENCIES RE: ENFORCEMENT ACTIONS
    AT FACILITY
    CERCLA SOURCES
    •  Notifications of Reportable Quantities under
       Section 103(c)

    •  Responses to Section 104 information Requests

    •  CERCLA Preliminary Assessment/Site investigation  (PA/SI)

    •  Hazard Ranking System (HRS) Documentation

    •  CERCLA Remedial Investigation/Feasibility Studies  (RI/FS)


    OTHER FEDERAL ENVIRONMENTAL PROGRAM SOURCES
    •  NPDES Permits and permit Applications

    •  Clean Air Act Permits and Permit Applications

    •  TSCA/OSHA Inspections

    •  DOD Installation Restoration Program Reports


    STATE INVESTIGATIVE RECORDS


    OTHER MISCELLANEOUS SOURCES
    •  Aerial Photography

    •  State/Local Well Permits

    •  U.S. Geologic Survey and State Hydrogeologic Maps

    •  Utilities Re: Population Data

    •  Airports/ Weather Bureaus Re: Local Climate
    COPIES OF ALL DOCUMENTS FILED WITH REGIONAL HEARING
    CLERK OR PRESIDING OFFICER
-------
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              COMPONENTS OF SECTION 3008(h) ORDER








I.        JURISDICTION




II.        APPLICABILITY




III.       STATEMENT OF PURPOSE




IV.       FINDINGS OF FACT




V.       CONCLUSIONS OF LAW AND DETERMINATIONS




VI.       WORK TO BE PERFORMED




VII.       QUALITY ASSURANCE




VIII.      PUBLIC COMMENT AND PARTICIPATION




IX.       [CORRECTIVE MEASURE IMPLEMENTATION]




X.       REPORTING




XL       ON-SITE AND OFF-SITE ACCESS




XII.       SAMPLING AND DATA/DOCUMENT AVAILABILITY




XIII.      RECORD PRESERVATION




XIV.      PROJECT COORDINATOR




XV.       NOTIFICATION




XVI.      [REIMBURSEMENT OF OVERSIGHT COSTS]




XVII.      DELAY IN PERFORMANCE/PENALTIES




XVIII.      DISPUTE RESOLUTION




XIX.      FORCE MAJEURE AND EXCUSABLE DELAY
-------
          COMPONENTS OF SECTION 3008(h) ORDER ( CONT'D)


XX.       RESERVATION OF RIGHTS

XXI.       OTHER CLAIMS AND PARTIES

XXII.       OTHER APPLICABLE LAWS

XXIII.      INDEMNIFICATION OF THE UNITED STATES

XXIV.      [FINANCIAL ASSURANCE]

XXV.      SUBSEQUENT MODIFICATION

XXVI.      RESPONDENTS RIGHT TO REVIEW ADMINISTRATIVE RECORD

XXVII.      RESPONDENTS OPPORTUNITY FOR INFORMAL CONFERENCE
          (if unilateral)

XXVIII.     WAIVER OF HEARING (if order on consent)
          RESPONDENTS RIGHT TO A HEARING (if unilateral)

XXIX.      TERMINATION AND SATISFACTION

XXX.      EFFECTIVE DATE OF ORDER
-------
       CHECKLIST OF SECTION 3008(h) ORDER COMPONENTS
I.   CAPTION
         Respondent,  facility,  city,  state,  region
         Whether unilateral or  on consent
         EPA Docket number
II.   JURISDICTION
         Statement of jurisdiction
         Delegation of authority to issuing official
         Respondent's waiver of defense to validity of
         order

III.  APPLICABILITY

         Parties bound
         Copy of order to respondent's contractor, etc
         Notice of order to successors in interest

IV.  STATEMENT OF PURPOSE

         Objective of order (e.g., RFI, CMS, CMI)

V.  FINDINGS OF FACT

         Identify Respondent

              Name
              Status (e.g., corporation, partnership)
              Nature o business
              Role (e.g., owner/operator)

         Describe facility

              Address of facility
         -    Nature of facility
         -    Facility size, layout and operations
              Specify property boundaries
         -    Specify current and past uses of units

         Describe information that establishes the
         elements of Section 3008(h) —

         1.   There is or has been a release

         2.   Of hazardous wastes or Appendix VIII
              hazardous constituents
                             -1-
-------
         3.    Into the environment

         4.    From a facility

                   Hazardous waste  management units
                   Other solid waste management units
                   Contamination beyond the facility
                   boundary

         5.    Subject to interim status under Section
              3005(6)

         6.    The response is necessary to protect human
              health or the environment (the level of
              information will depend on the level of
              response ordered)

                   Quantities or concentrations of
                   hazardous waste  or constituents

                   Migration potential

                   Actual or potential receptors (i.e.,
                   humans, wildlife, vegetation)

                   Threat posed by  hazardous waste or
                   hazardous constituents to human or
                   environmental receptors (e.g.,  toxic,
                   carcinogenic, flammable, etc.)

V.  CONCLUSIONS OF LAW AND DETERMINATIONS

         Based on the Findings of Fact and the
         administrative record, EPA (or the RA) has made
         the following conclusions  of law and
         determinations —

         1.    Respondent is a person (Section 1004(15))

         2.    Respondent is the owner/operator of  a
              facility subject to interim status (Section
              3005(e))

         3.    There is or has been  a release

         4.    Of hazardous wastes or hazardous constituents

         5.    From a Respondent's facility

         6.    Actions required by Order are necessary to
              protect human health  or the environment
                             -2-
-------
VI.  WORK TO BE PERFORMED

         Activities to be suspended,  if applicable

         State with specificity which of the following
         actions are to be performed —

              Interim Measures
              Preliminary Investigation
              RCRA Facility Investigation
              Corrective Measure Study
         -    Corrective Measure Implementation

         Specify compliance schedule with firm
         deliverables tied to detailed Scope of Work to be
         attached to the Order and specifically
         incorporated in Order by reference

         Specify points at which EPA will review and
         approve/disapprove plans, activities, etc.

         Specify the following, as appropriate —

              Quality Assurance/Quality Control Procedures
         -    Sampling and Data/Document Availability
              Sample Numbers, Locations
              Sampling and Analytical 'Techniques
              Monitoring Requirements
         -    Health and Safety Procedures
              Operation and Maintenance Procedures

VII.  LEGAL PROVISIONS

         Record Preservation

         EPA's right to access facility when activity is
         being conducted

         Owner/operator's user of "best efforts" to obtain
         off-site access, if applicable

         EPA's right to take split samples

         EPA's right to halt work, if necessary

         Delay in Performance/Penalties

         Dispute Resolution

         Force Majeure and Excusable Delay
                            -3-
-------
         Reservation of  Rights — Compliance with Order
         does not relieve owner/operator of obligations
         under RCRA and  other  applicable laws

         Other Claims and Parties

         Actions shall be consistent with other applicable
         laws

         Indemnification of the United States

         Reimbursement of Oversight Costs

         Financial Assurance

         Termination and Satisfaction

         Effective Date  of Order

VIII.  PROCEDURAL PROVISIONS

         Subsequent Modification

         Progress Reports

         Public Comment  and Participation

         Respondent's right to a hearing (if unilateral)

         Respondent's right to review administrative record

         Respondent's opportunity for an informal
         conference (Note that request for conference does
         not stay 30-day period for requesting a hearing)

         Project Coordinators

         Notification — EPA contact person

         Signatures
                             -4-
-------
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                      WASHINGTON, D.C. 20460
February 9, 1987

MEMORANDUM
                                            OFFICE OF
                                   SOLID WASTE iND EMERGENCY RESPONSE
SUBJECT:  Draft RCRA Section 3008(h) Model Consent Order

FROM:
TO:
Lloyd S. Guerci,  Director
RCRA Enforcement Division
RCRA Enforcement Branch Chiefs
RCRA Enforcement Section Chiefs
Regions I - X
          Enclosed for comment is a draft RCRA section 3008(h)
model consent order.

          This draft order contains general language that
should be included in consent orders.  It does not include
technical language on scopes of work for RCRA Facility
Investigations (RFIs) and Corrective Measure Studies (CMSs)
or interim'measures.  For model technical language, you should
refer to other guidance documents, as applicable.  In particular,
you should be using the RFI/CMS guidance and draft interim
measures guidances in developing the technical provisions of
orders.

          This draft may be used on an interim basis in developing
consent orders.  Please provide your comments by February 23
to Jackie Tenusak of the Office of Waste Programs Enforcement
(WH-527).

          Thank you.

cc:  Office of Regional Counsel
       Waste Branch Chiefs
       Regions I - X
     Gene Lucero
     Peter Cook
     Steve Heare
     Susan Bromm
     Mark Gilbertson
     John Cross
     Michael Kilpatrick
-------
                                    DRAFT  *
                               UNITED STATES

                      ENVIRONMENTAL PROTECTION AGENCY

                             (REGION (*Number)
IN THE MATTER OF1

(*Name of Owner/Operator)

(*Name, address and
 EPA l.D.# of Facility)

RESPONDENT.
ADMINISTRATIVE ORDER ON CONSENT

U.S. EPA Docket No.
     (*Number)
                                                Proceeding under Section
                                                3008(h) of the Resource
                                                Conservation and Recovery
                                                Act,  as amended, 42 U.S.C.
                                                §6928(h).
    [AIL Orders should include provisions dealing with Jurisdiction,  Findings
    of Fact, Conclusions of Law and Determinations,  and the requirements of the
    Order itself.  It is of utmost ittportance that you develop an administrative
    record that will support the facts alleged in the order.  Each of these
    provisions will vary somewhat from Order to Order as discussed below.  The
    provision dealing with the actual activities ordered (Section VI) is
    generally the most individualized section of an order.]

                              I.  JURISDICTION

    This Administrative Order on Consent (Order) is issued pursuant to the
authority vested in the Administrator of the United States Environmental Protection
Agency (hereinafter EPA) by Section 3008(h) of the Solid Waste Disposal Act,
conmonly referred to as the Resource Conservation and Recovery Act (RCRA), as
amended, 42 U.S.C. 6928(h).  The authority vested in the Administrator has been
delegated to the Regional Administrators by EPA Delegation Nos. 8-31 and 8-32
dated April 16, 1985.
-------
                                   -2-

     This Administrative Order on Consent is issued to  (corporate/individual
name)  (Respondent) Owner/Operator of  (*Name and address of Facility).
Respondent consents to (or agrees not to contest) EPA's jurisdiction to issue
this Order and waives any defense to  the validity of this Order.

                             II. APPLICABILITY

     1.  This Consent Order shall apply to and be binding upon  (Respondent)
and its officers, directors, employees, agents, successors and assigns,
and upon all persons, independent contractors, contractors, and consultants
acting under or for (Respondent).

       2.  No change in ownership or corporate or partnership status relating
to the Facility will in any way alter (Respondent's) responsibility under
this Consent Order.

       3.  (Respondent) and EPA shall provide a copy of this Consent Order
to all contractors, subcontractors, laboratories, and consultants retained
to conduct or monitor any portion of the work performed pursuant to this
Consent Order within one (1) week of the effective date of this Consent
Order or date of such retention.

       4.  Respondent shall give notice of this order to any successor in
interest prior to transfer of ownership or operation of the Facility.

                          III.  STATEMENT OF PURPOSE

       In entering into this Consent Order, the mutual objectives of EPA and
(Corporate/individual name) are:  [Describe objective of Order, e.g., to
evaluate thoroughly the nature and extent of the release of hazardous
waste and hazardous constituents and to gather necessary data to support
the Corrective Measure Study.]

                            IV.  FINDINGS OF FACT

       1.  Respondent is a company doing business in the State of (*State)
and is a person as defined in section 1004(15) of RCRA, 42 U.S.C. §6903(15),
and 	 (cite appropriate State regulation if the State has been authorize
pursuant to RCRA Section 3006).

       2.  Respondent is (a generator and) an owner and/or operator of a
hazardous waste management facility located (location)  (Facility).  Respondent
engaged in (treatment, storage, or disposal) of hazardous waste at the
Facility subject to interim status requirements (40 CFR Part 265) (and, if
the State has been authorized pursuant to RCRA Section 3006, as those terms
are defined in appropriate state regulations),  (specify type of operation—
landfill, incinerator etc.).
-------
                                   -3-

     3.  Respondent operated its Facility as a hazardous waste management
facility  [on and after November 19, 1980, or the date of any statutory or
regulatory change rendering the facility subject to interim status
requirements as a facility], the applicable date which renders facilities
subject to the interim status requirements under Sections 3004 and 3005 of
RCRA, 42 U.S.C. §§6924, 6925.

     4.   [Pursuant to Section 3010 of RCRA, 42 U.S.C. §6930, Respondent notified
EPA of its hazardous waste activity.  In its notification dated (Date), Respondent
identified itself as a (generator of hazardous waste and/or an owner/operator
of a treatment, storage, and/or disposal facility).]

     5.  In its (Name of Facility submission/notification or Part A or Part B
permit application) dated (date), Respondent identified itself as handling
the following hazardous wastes at the Facility:

Example

     (a)  Hazardous wastes exhibiting the characteristics of ignitability,
corrosivity, reactivity or EP toxicity identified at 40 CFR §261.20-§261.24;
(D001-D017)

     (b)  Hazardous wastes from non-specific sources identified at 40 CFR
§261.31; (F001-F028)

     (c)  Hazardous wastes from specific sources identified at 40 CFR  §261.32;
(K001-K106)

     (d)  Commercial chemical products, manufacturing chemical intermediates,
off-specification commercial chemical products, or manufacturing chemical
intermediates identified at 40 CFR §261.33(e); (PCO1-P123); and

     (e)  Commercial chemical products, manufacturing chemical intermediates,
off-specification commercial chemical products, or manufacturing chemical
intermediates  [identified at 40 CFR §261.33(f) (U001-U249]

             [Note: Include finding (if applicable) that by filing
             a Part A permit application etc., the Facility achieved
             interim status]

6.  Respondent's Facility includes:

             [Note:  Describe location and units regulated under RCRA
             Subtitle C and other Solid Waste Management Units
             generally.  Note lack of liners on land disposal units.
             Attach and incorporate by reference a copy of a facility
             map from Permit application if available.  Focus on and
             provide more detail on the unit(s) where a release has
             occurred and which are the specific subjects of this Order.
             Include material relating to:

                          0 Size of facility
                          0 Facility layout
                          0 Number and type of units and operating status
-------
                                    -4-
                          0 Specific wastes received at specific units
                          0 Geological conditions
                          0 Ground-water flow conditions.]

              [Note: Where probative, this information should help to
             establish a connection between the units and any release
             of hazardous waste/constituents from them.  Examples of
             where this information might be obtained are: a Part A,
             Part B, Exposure Information Report, Inspection Reports,
             etc.  constitutents]

7.   Documentation of Release

              [Note:  After having described the facility, it is necessary
             to establish and document that a release of hazardous wastes
             or Appendix VIII hazardous constituents into the environment
             from the facility has occurred.  In addition, there should
             be a discussion that supports the premise of the Order that
             the response (as described and required in Section VI below),
             is necessary to protect human health or the environment.]

     Sources of release information can be:

                          0 Results of an inspection (RFA, CME, CEI);
                          0 Conpany submittal of a ground-water assessment
                            report;
                          0 Other data/information submitted by Respondent
                            (e.g., Part B sufcmittal, exposure information
                            report) or developed by EPA (e.g., sampling!
                            analyses); and
                          0 Knowledge of disposal into units not designed,
                            constructed or operated to prevent releases.]
Example

    Ground-water monitoring wells have been installed at Respondent's
Facility.  Wells (number/identification code) are up-gradient from (describe
disposal unit/s).  Wells (number/identification code) are down gradient from
(describe disposal unit/s).   Samples of ground water from these wells have been
analyzed to determine contamination of ground water.  Samples were collected by
EPA personnel from ground-water monitoring wells, #8, #16, #24, #32.  The
results were as follows:

         Well #       Sampling Date       Organics       Concentration

             8        Aug.  14, 1985        Phenol          40,000 ppm
-------
                                    -5-
            16        Aug. 17, 1985        Phenol          20,000 ppm

            24        Sept. 9, 1985        phenol          32,000 ppm

            32        Sept. 9, 1985        phenol          10,000 ppm

             [NOTE:  The chart should be concise, although multiple
             charts can be used if sufficient information is available.
             Only applicable data needed to support the Order should be
             included, some of which could be an attachment to the
             Order.  Information such as chain of custody sheets, log
             analysis reports, QA/QC reports should not be attached to
             the Order or referenced.  However, these forms should be
             identified and maintained in the administrative record.

             Data other than ground-water data, e.g., soil and air,
             should be used if available.  Such data should provide
             information comparable to that provided in the above table,
             i.e., medium sampled, location and dates of sampling, the
             substances found, and their concentrations.  Further,
             Respondent's results can be used in lieu of EPA's if
             they support the Agency's case and are deemed reliable.]

     8.  The hazardous wastes and/or hazardous constituents may further migrate,
from the Facility into the environment in the following pathways:

             [NOTE: The next steps link the release of hazardous wastes
             or hazardous constituents to human or environmental concerns.
             It is important to define migration pathways.  It is also
             important to note and distinguish between actual and potential
             receptors - human, wildlife, vegetation, etc.

Example
             [NOTE:  The following is an example which can be
             modified as appropriate depending upon the level
             of certainty concerning the nature and extent of
             contamination and whether a remedy has been devised/
             implemented for the facility.]

     9.  The hazardous wastes and/or hazardous constituents identified in
paragraphs five and seven above have the following characteristics
(describe carcinogenic/toxic characteristics).

             [Note: The Order is further strengthened by, and should
             include, a description of the toxic, carcinogenic, and
             hazardous properties of the contaminants.  In particular,
             if the Order requires extensive activies (e.g., removal of
             materials or closure of units), then the documentation of
             migration pathways and potential affects must support the
             more extensive activity required.]
-------
                                    -6-
     10.  Respondent's Facility is located (Describe residences, aquifers,
domestic water supplies, river/lake used for recreational purposes, wells
(including number and type of use), fragile environment, etc. and their
distance and location with respect to the facility.

             [NOTE:  health and environmental concerns are very broad
             and include aquifers that may be used some day.]

     11.  Releases from Respondent's Facility (are likely to/have) migrate(d)
toward (Describe potential and actual receptors).

     12.  The Regional Administrator, EPA Region (Number), has concluded
that the actions ordered below are necessary to protect human health or
the environment.

                  V.  CONCLUSIONS OF LAW AND DETERMINATIONS

     Based on the Findings of Fact set out above, and the administrative
record, the Regional Administrator of EPA has made the followina conclusions
of law and determinations:

     1.  Respondent is a "person" within the meaning of Section 1004(15)
         of RCRA, 42 U.S.C. §6903(15);

     2.  Respondent is/was the owner or operator of a facility that has
         operated or is operating subject to section 3005(e) of RCRA, 42
         U.S.C. section 6952(e).

     3.  Certain wastes and constituents thereof found at the facility are
         hazardous wastes or hazardous constituents thereof as defined by
         section 1004(5) of RCRA, 42 U.S.C. section 6903(5).  These are
         also hazardous wastes or hazardous constituents within the meaning
         of section 3001, of RCRA, 42 U.S.C.  §6921 and 40 C.F.P. Part 261.

     4.  There is or has been a release of hazardous wastes and/or hazardous
         constituents into the environment from Respondent's Facility.

     5.  The actions required by this Consent Order are necessary to protect
         human health or welfare or the environment.
                          VI. WORK TO BE PERFORMED

             [NOTE:  This is an example which should be modified as
             appropriate depending upon the situation at the facility.]
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                                    -7-
     Pursuant to Section 3008(h) of RCRA, 42 U.S.C. §6928(h), Respondent
agrees and is hereby ordered to perform the following acts in the manner
and by the dates specified herein.  All work undertaken pursuant to this
Order shall be performed in a manner consistent with, at a minimum, [the
Interim Measures Plan (IM), RCRA Facility Investigation (RFI) Corrective
Measures Study (CMS) plan, Corrective Measures Implementation Program Plan
(CMI), RCRA and its substantive implementing regulations, and applicable
EPA guidance documents such as the "RCRA Ground-water Monitoring Technical
Enforcement Guidance Document" (October 1986).] (Note where any of these
documents are referenced, they are to be incorporated by reference and
attached.)

   [ l.[ Within (number) days of the effective date of this Consent Order,
(Respondent) shall submit to EPA a plan for the implementation of interim
measures (IM).  The plan and activities conducted pursuant to this Consent
Order are subject to approval by EPA and shall be performed in a manner
consistent with the scope of work contained in Attachment (number).   [This
attachment will require specific activities to be performed which mitigate
a potential threat to human health and/or the environment and/or are
consistent with and integrated into any long term solution at the facility.
A facility specific program of interim measures can be developed using the
Draft Interim Measures•Guidance and sections from the Scope of Work for the
Corrective Measure Implementation in the RCRA Corrective Action Plan.]
Attachment (number) to this Consent Order is incorporated as if fully set
forth herein.  The Interim Measures Plan shall be developed in accordance
with, at a minimum, RCRA, its implementing substantive regulations, and EPA
guidance documents.]

     2.  [The activities called for in the Interim Measures Plan shall be
designed to mitigate a potential threat to human health and/or the environment
and/or consistent with and integrated into any long term solution at the
facility.  The plan shall include explicit detailed tasks for the implementation
of Interim Measures including:  the objectives of the interim measures;
design, construction, operation, and maintenance requirement; and schedules
for design, construction and monitoring.]

     3.  [Within (number) days of the effective date of this Consent Order,
Respondent shall submit to EPA a plan for a RCRA Facility Investigation
(RFI) and Corrective Measure Study (CMS) (the "Work Plan").  The Work Plan
and activities conducted pursuant to this Consent Order are subject to
approval by EPA and shall be performed in a manner consistent with the
scope of work contained in Attachment (number).  Attachment (number) to
this Consent Order is incorporated as if fully set forth herein.  The Work
Plan shall be developed in accordance with, at a minimum, RCRA, its
implementing substantive regulations, and EPA guidance document (Specify).]

     4.  [The Work Plan shall be designed to define the presence, magnitude,
extent, direction, and rate of movement of any hazardous wastes and hazardous
constituents, within and beyond the Facility boundary.  The Work Plan shall
include explicit detailed tasks explaining how (Respondent) will determine:
(1) the presence or absence of hazardous wastes and hazardous constituents;
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 (2) the nature and extent, and the rate of movement of contamination on and
off the (Respondent's) property;  (3) the possible routes of migration of
hazardous wastes and hazardous constituents on and off the facility including
characterization of the geology and hydrology of the facility which delineates
possible routes of migration; (4) the extent and potential for migration of
hazardous wastes and hazardous constituents through each of the environmental
media; and  (5) corrective measure alternatives to remediate the observed
and potential contamination.  The Work Plan shall include a specific schedule
for implementation of all activities described in the Work Plan.]

     5.  [In accordance with Section (number) herein, the Work Plan will
include: (1) a Project Management Plan; (2) a Data Collection Quality
Assurance Plan with supporting graphics and flow charts; (3) a specific
Data Management for each site/source or interpretation with cross reference;
(4) a Health and Safety Plan; (5) a schedule for implementation of the Work
Plan, including preparation and submission of preliminary and final reports
to EPA; and  [(6) a Community Relations Plan.]  The submission of the final
report on the corrective measures study in the schedule shall be targeted
within (number) months of the date of this order.]

     6.  [Within (number) days of the effective date of this Consent order,
(Respondent) shall submit to EPA a Corrective Measures Implementation (CMI)
Program Plan.  The Program Plan and activities conducted pursuant to this
Consent Order are subject to approval by EPA and shall be performed in a
manner consistent with the Scope of Work contained in Attachment (number).
Attachment  (number) to this Consent Order is incorporated as if fully set
forth herein.  The Program Plan shall be developed in accordance with, at a
minimum, RCRA, its implementing substantive regulations, and EPA guidance
documents.   (Specify)]

     7.  [The Program Plan shall be designed to facilitate the design,
construction, operation, maintenance and monitoring of the corrective
measures at the Facility.  In accordance with Section (number) herein, the
Program Plan will include:  (1)  a Program Management Plan; [(2) a Community
Relations Plan;] (3) Design Plans and Specifications; (4) an Operation and
Maintenance Plan; (5)  a Cost Estimate; (6) a Project Schedule; (7) a Health
and Safety Plan; and (8) a Construction Quality Assurance Plan.]

0  The operation of the corrective measure shall be targeted for within
   (number) months of the date of this order. ]

     8.  EPA shall promptly review the proposed plans and inform (Respondent)
in writing of its approval or disapproval of the Plans or any part thereof.
In the event of any disapproval, EPA shall specify the deficiencies and
reasons for disapproval and any necessary modifications.  Within (number)
days of receipt of such disapproval, (Respondent) shall have the opportunity
to meet with EPA to discuss problems with the Plans and to propose alternative
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                                    -9-
or suggestions to resolve them.  Within (number) days of this meeting or the
receipt of EPA's disapproval of the Work Plan, whichever is later, (Respondent)
shall amend, making the changes to the Plans required by EPA, and resubmit
the Work Plan.  The EPA approved plans shall be deemed incorporated into
and part of this Consent Order.  The final EPA approval of corrective
measures, is subject to consideration of public comment by EPA pursuant to
paragraph VII.

     9.  Within (number) days of approval or modification by EPA of the
Work Plan, (Respondent) shall commence work and implement the tasks required
by the Plans, in accordance with the requirements, specifications and
schedules stated in the Plans as approved or modified by EPA.

     10.   (Respondent) shall provide preliminary and final IM, RFI/CMS
 and CMI reports to EPA in accordance with the schedule contained in the
 approved Plans.

     11.   EPA shall review any preliminary or final reports, and notify
 (Respondent) in writing of EPA's approval or disapproval of the report
 or any part thereof.  In the event of any disapproval, EPA shall specify
 in writing the deficiencies and reasons for such disapproval and any
 necessary modifications.  Within (number) days of receipt of such disapproval,
 (Respondent) shall have the opportunity to meet with EPA to discuss the
 problems with the report(s) and to propose alternatives or suggestions to
 resolve them.  Within (number) days of the date of this meeting or the
 receipt of EPA's disapproval of any report, whichever is later, (Respondent)
 shall amend and resubmit a revised report, making the changes to the
 reports required by EPA, and resubmit the work plan.  EPA approved reports
 shall be deemed incorporated into and part of this Consent Order.

     12.  (Numbers) copies of all documents, including preliminary and
 final reports, EPA approvals, EPA disapprovals, and other correspondence
 to be submitted pursuant to this Consent Order shall be hand delivered or
 sent by certified mail, return receipt requested, to the Project Coordinator
 designated pursuant to Section (Number) of this Consent Order.

     13.  Consistent with the objectives of this order, EPA may determine
 that certain tasks, including investigatory work or engineering evaluation,
 are necessary in addition to the tasks and deliverables included in the
 Plans.  If EPA determines that such additional work is necessary, EPA
 shall request in writing that (Respondent) perform the additional work
 and shall specify the basis and reasons for EPA's determination that the
 additional work is necessary.  Within (Number) days after the receipt of
 such request, (Respondent) shall have the opportunity to meet with EPA to
 discuss the additional work EPA has requested and to propose alternatives.
 Within (Number) days of this meeting or the receipt of EPA's request for
 additional work, whichever is later, (Respondent) shall notify EPA in
 writing of its decision whether or not to undertake the additional work.
 Any additional work performed by (Respondent) under this paragraph
 shall be performed in a manner consistent with this Consent Order.
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                                    -10-


     14.  All work performed pursuant to this Consent Order shall be under
 the direction and supervision of a professional engineer or geologist with
 expertise in hazardous waste site investigations and remediation.  By or on
 the effective date of this Consent Order,  (Respondent) shall notify EPA in
 writing of the name, title, and qualifications of the engineer or geologist,
 and of any contractors or subcontractors and their personnel to be used in
 carrying out the terms of this Consent Order.

                       VII.  QUALITY ASSURANCE

      Throughout all sample collections and analysis activities, (Respondent)
 shall use EPA-approved quality assurance, quality control, and chain-of-
 custody procedures, which shall be part of proposed and approved Plans.

      In addition, (Respondent) shall:

      1.   Follow the EPA guidance for sampling and analysis contained in
 the document entitled (Title).

      2.   Consult with EPA in planning for, and prior to, field sampling
 and laboratory analysis.

      3.   Inform the EPA Project Coordinator in advance which laboratories
 will be used by (Respondent) and ensure that EPA personnel and EPA-authorized
 representatives have reasonable access to the laboratories and personnel used
 for analyses.

      4.   Ensure that laboratories used by (Respondent) for analyses perform such
analyses according to EPA methods (SW-846) Title) (date) or other methods
deemed satisfactory to EPA.  If methods other than EPA methods are to be
used, (Respondent) shall submit all protocols to be used for analyses to
EPA for approval within (Number) days prior to the commencement of analyses.

      5.  Ensure that laboratories used by (Respondent) for analyses
participate in a quality assurance/quality control program eouivalent to
that which is followed by EPA.   As part of such a program, and upon request
by EPA, such laboratories shall perform analysis of a reasonable number of
known samples provided by EPA to demonstrate the quality of the analytical data.

     6.  Use the EPA guidance to evaluate all data to be used in the (Plans)
including what is collected prior to EPA approval of the (Plan) required by
Section (Number) of this Consent Order.  This evaluation shall be provided
to EPA as part of the (Plan) required by Section (Number) of this Consent
Order,  and shall be updated as necessary.

                  VIII.   PUBLIC COMMENT AND PARTICIPATION

             [NOTE:  Public involvement in the review of Administrative
             Orders on Consent is an important aspect of the corrective
             action process.  If, however, prompt action is required to
             address an imminent threat to human health or the environ-
             ment, the provision should be modified. A sample provision
             outlining the public comment process is provided below.]
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                                    -11-
       [1.  Following proposed modification or proposed approval by EPA of
a Corrective Measure Study Final Report, EPA shall make both the RCRA
Facility Investigation Final Report and the Corrective Measure Study Final
Report and EPA's justification for selecting the proposed remedy available
to the public for review and comment for at least (number) days.

      2.  Following the public review and comment period, EPA shall notify
(Respondent) which alternative corrective measure is selected, if any.
If the Corrective Measure proposed and tentatively selected by EPA after
review of the Corrective Measure Study Final Report is not the corrective
measure approved by EPA after consideration of public comments, EPA shall
inform (Respondent) in writing of the reasons for such decision.]

      3.  Final agency action shall occur when (Respondent) is subject to
a final order directing respondent to implement the measures in the Corrective
Measure Study Final Report.

                   [ IX. CORRECTIVE MEASURE IMPLEMENTATION]

[ If (Respondent) has complied with the terms of this consent Order, after
selection of the corrective measure, EPA shall provide a  (number) day
period for negotiation of a new administrative order on consent  [or a
judicial consent decree] for implementation of the corrective measure.  If
agreement is not reached during this period, EPA reserves all rights it
has to implement the corrective measure or other remedial response and to
take any other appropriate actions under RCRA, CERCLA or any other available
legal authority.]

                              X.  REPORTING
     Beginning with the month following the effective date of this order,
(Respondent) shall provide EPA with written progress reports for
each month, by the tenth day of the following month.  At a minimum,
these progress reports shall: (1) describe the actions, progress, and status
of projects which have been taken toward achieving compliance with this
Consent Order; (2) describe all plans and activities completed during the
past month, as well as the actions which are scheduled for the next month.
(3) identify any requirements under this Order that were not completed as
provided and any problem areas and anticipated problems areas in complying
with this Consent Order; and (4) include the results of sampling and tests
and other data generated pursuant to the Work Plan(s).

                      XI.  ON-SITE AND OFF-SITE ACCESS
              [NOTE:  Provisions requiring the respondent to give EPA
             and its designated representatives access to the site and
             to relevant records must be included in the Order.  Such
             provisions should also set forth, as deemed necessary, the
             Respondent's responsibilities with respect to gaining access
             to third party property.  The following composite provision
             incorporates most of the relevant requirements.]
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                                    -12-
     1.   EPA and/or any EPA representative,  including EPA contractors,
are authorized to enter and freely move about all property at the Facility
for the purposes of, inter alia: interviewing Facility personnel and
contractors; inspecting records, operating logs, and contracts related to
the Facility; reviewing the progress of the Respondent in carrying out the
terms of this Order; conducting such sampling and tests as EPA or its
representative deem necessary; using a camera, sound recording, or other
documentary type equipment; and verifying the reports and data submitted
to EPA by the Respondent.  The Respondent shall permit such persons to
inspect and copy all records, files, photographs, documents, and other
writings, including all sampling and monitoring data, that pertain to work
undertaken pursuant to this paragraph, and shall comply with all approved
health and safety plans.

     2.  To the extent that work required by the Work Plan must be done on
property not owned or controlled by (Respondent), (Respondent) will use
its best efforts to obtain site access agreements from the present owner(s)
of such property within (number) days of approval of the Work Plan.  Best
efforts as used in this Section shall include, at a minimum, a certified
letter from (Respondent) to the present owners of such property requesting
access agreements to permit (Respondent) and EPA and its authorized
representatives to access such property.  Any such access agreement shall
be incorporated by reference into this Order.  In the event that agreements
for site access are not obtained within (number) days of the effective date
of this Consent Order, (Respondent) shall notify EPA regarding both the
lack of and its failure to obtain such agreements within (number) .days
thereafter.  In the event that EPA obtains access, (Respondent) shall
undertake EPA approved work on such property.  Nothing in this section
limits or otherwise affects EPA's right of access and entry pursuant to
applicable law, including RCRA and CERCLA.

               XII.   SAMPLING AND DATA/DOCUMENT AVAILABILITY

             [NOTE: Site-specific sampling and analysis requirements must
             be included in the Order, as well as provisions requiring
             the respondent to give EPA and its designated representa-
             tives access to the site and relevant records.  The following
             is a sample provision.]

     1.  (Respondent) shall make available to EPA all results of sampling,
tests,  or other data generated by or on its behalf with respect to the
implementation of this Consent Order.   (Respondent)  shall submit these
results in the progress reports described in Section (Number) of this
Consent Order.   Similarly, upon request, EPA will make available to
(Respondent) the results of sampling or tests generated pursuant to this
Order by EPA within (number) days after any such results or data pass EPA
quality assurance review.

     2.  (Respondent) shall notify EPA at least (number) days before
conducting any well drilling, installation of equipment, or sampling.  At
the request of EPA, (respondent) shall provide or allow EPA or its authorized
representative to take split samples of all samples collected by (Respondent
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                                    -13-
pursuant to this Consent Order.  Similarly, at the request of (Respondent),
EPA shall allow (Respondent) or its authorized representatives to take
split or duplicate samples of all samples collected by EPA under this
Consent Order.  EPA shall notify (Respondent) at least (Number) days before
conducting any sampling under this Consent Order.

     3.  All information and data shall be available to the public except
to the extent that it is confidential business information.  Disputes over
confidentiality shall be covered by 40 CFR Part 2.  Environmental
contamination data shall not be deemed confidential.

                         XIII.  RECORD PRESERVATION


     (Respondent)  agrees that it shall preserve, during the pendency of
this Consent Order and for a minimum of (Number) years after its termination,
all records and documents in its possession or in the possession of its
divisions, employees, agents or consultants or contractors which relate in
any way to this Consent Order or to hazardous waste management and disposal
at the Facility.  At the conclusion of (Number) years (Respondent) shall
then make such records available to EPA for inspection or EPA's retention
or shall provide copies of any such records to EPA.

     (Respondent)  further agrees that within 5 days of the effective date of
this Order or of retaining or employing an agent, consultant or contractor,
whichever comes first, (Respondent) will enter into an agreement, to be
confirmed in writing within 15 days, with its agents, consultants and/or
contractors whereby its agents, consultants and/or contractors will be required
to maintain and preserve during the pendency of this Order and for a minimum
of (number) years after its termination, all records and documents within
their respective possession which relate in any way to this Order or to
hazardous waste management and disposal at the facility.

                         XIV.  PROJECT COORDINATOR


     1.  On or before the effective date of this Consent Order, EPA and
(Respondent) shall each designate a Project Coordinator.  Each Project
Coordinator shall be responsible for overseeing the implementation of this
Consent Order.  The EPA Project Coordinator will be EPA's designated
respresentative.  To the maximum extent possible, all communications between
(Respondent) and EPAr and all documents, reports, approvals, and other
correspondence concerning the activities performed pursuant to the terms
and conditions of this Consent Order, shall be directed through the Project
Coordinators.

     2.  The parties agree to provide at least  (Number) days written notice
prior to changing Project Coordinators.

     3.  The absence of the EPA Project Coordinator from the Facility shall
not be cause for the stoppage of work.
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                                  -14-
                             XV.  NOTIFICATION
     Unless otherwise specified, reports, notices or other submissions
required under this Consent Order shall be in writing and shall be sent to:

 [EPA Project Coordinator]          [Facility Project Officer]
 US EPA, Region  (Number)           Address
 Address

                   [XVI.  REIMBURSEMENT OF OVERSIGHT COSTS]
      [Beginning from the effective date of this Order, EPA shall submit to
the Respondent (period of time) accounting and an explanation of all
oversight costs incurred with respect to this Order during the previous
year.  Within (Number) calendar days of each such accounting and explanation,
the Respondent shall remit a certified or cashiers check to the EPA for the
EPA for the amount of such costs.

     Payments to EPA shall be made to the order of the Treasurer of the
United States of America, and shall be forwarded to the U.S. Environmental
Protection Agency, [(Address) (Include appropriate post office box address)]

           [XVII.  DELAY IN PERFORMANCE/STIPULATED PENALITIES

             [NOTE:  This provision includes both stipulated and
             statutory penalties.  Provisions covering stipulated
             penalties may vary in dollar amounts and time frame
             depending upon the circumstances.  Different stipulated
             penalty amounts may be set for different types of
             requirements under the Order, with the amount related to
             the importance of the task.  Stipulated amounts may, and
             usually should include escalators as the length of non-
             compliance time continues.  Short grace periods may be
             negotiated into the provision.  The following is a sample
             provision.]

     1.  Unless excused under Paragraph (number), "Force Majeure and
Excusable Delay," for each day that sane work product or task completion
called for in the Work Plan is overdue, or for which (Respondent) fails to
submit a report or document or otherwise fails to achieve the requirements
of this Consent Order, (Respondent) shall pay the sums set forth below as
stipulated penalties, except as provided in paragraph (number) of this
section.  Stipulated penalties shall accrue in the following amounts:

     a.  For failure to commence work as prescribed in this Consent Order
         and EPA approved plans and reports under this order: ($) per day
         for one to seven days of delay, and ($) per day for each of delay,
         or part thereof, thereafter;
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                                  -15-
     b.  For failure to submit any preliminary and final reports, at the
         time required pursuant to this Consent Order: ($) for the first one
         to seven days of delay, and ($) for each day of delay thereafter;

     c.  For failure to submit other deliverables required by this Consent
         Order: ($) for the first one to seven days, and ($) for each
         seven-day delay, or part thereof, thereafter;

     d.  For other failure to comply with provisions of this Consent Order
         after notice by EPA of noncompliance: ($) for the first one to
         seven days, and ($) for each seven-day delay, or part thereof,

     2.  Any stipulated penalties paid pursuant to this Consent Order shall
be payable within (number) days after (Respondent's) receipt of written demand by
EPA, shall be paid by certified or cashier's check made payable to the
United States Treasury, and shall be remitted to:

                  Regional Waste Management Division Director
                  U.S. Environmental Protection Agency, Region (#)
                  Address

A letter describing the basis for the penalties shall accompany the
check.  Copies of the transmittal of payment shall be sent to the Office of
Regional Counsel, US EPA, Region (number), Address.

     3.  The stipulated penalties set forth in this Section do not preclude
EPA from pursuing any other remedies or sanctions which may be available to
EPA by reason of (Respondent's) failure to comply with any of the requirements
of this Consent Order, nor shall payment of said penalties relieve (Respondent)
of the responsibility to comply with this Consent Order.

     4.  Should (Respondent) fail to comply with a time requirement of any
task required by this Consent Order, the period of noncompliance shall
terminate upon (Respondent's) performance of said requirement.

     5.  If (Respondent) disputes the basis for imposition of stipulated
penalities, the issue shall be resolved under the Dispute Resolution
procedures of Section (number) of this Consent Order.

                         XVIII.  DISPUTE RESOLUTION

     1.  If (Respondent) disagrees, in whole or in part, with any EPA
disapproval or other decision or directive made by EPA pursuant to this
Consent Order, (Respondent) shall notify EPA in writing of its objections
and the bases therefore with (number) calendar days of receipt of EPA's
disapproval, decision or directive.  EPA and (Respondent) shall then have
an additional (number) calendar days from EPA's receipt of (Respondent's)
objections to attempt to resolve the dispute.  If agreement is reached,
the resolution shall be reduced to writing, signed by representatives of
each party and incorporated into this Consent Order.

If the parties are unable to reach agreement within this (Number) day
period, EPA shall provide a written statement of  its decision to
(Respondent), which shall be incorporated into this Consent Order.
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                                    -16-
                   XIX.  FORCE MAJEURE AND EXCUSABLE DEIAY

              [NOTE: Provisions excusing the respondent from compliance
             with the performance schedule upon occurrence of events
             beyond the respondent's control  (force majeure) are common
             and may be included in the Order to facilitate negotiations.
             The following paragraph is an example of such a provision.]

     1.  (Respondent) shall perform the requirements under this Consent
Order within the time limits set forth or approved or established herein,
unless the performance is prevented or delayed solely by events which
constitute a force majeure.  A force majeure is defined as any event arising
from causes not reasonably foreseeable and beyond the control of (Respondent)
including its consultants and contractors, which could not be overcome by
due diligence and which delays or prevents performance by a date required
by this Consent Order.  Such events do not include unanticipated or increased
costs of performance, changed economic circumstances, or normal precipitation
events.

     2.  (Respondent) must notify EPA in writing (number) days after it
becomes aware of events which it knows or should know constitute a force
majeure.  Such notice shall estimate the anticipate length of delay, including
necessary demobilization and remobilization, its cause, measures taken or
to be taken to minimize the delay, and an estimated time table for implementation
of these measures.  Respondent shall adopt all reasonable measures to
avoid and minimize the delay.  Failure to comply with the notice provision
of this section shall be grounds for EPA to deny (Respondent) an extension
of time for performance.

     3.  If (Respondent) demonstrates to EPA that the delay has been or
will be caused entirely by circumstances not reasonably foreseeable and
beyond its control including its consultants and contractors, which could
not have been overcome by due diligence, the time for performance for that
element of the Work Plan shall be extended for a period equal to the delay
resulting from such circumstances.  This shall be accomplished through
written amendment to this Consent Order pursuant to Section XXVI.  Such an
extension does not alter the schedule for performance or ccmpletion of
other tasks required by the Work Plan unless these are also specifically
altered by amendment of the Consent Order or underlying plan.  In the event
that EPA and (Respondent) cannot agree that any delay or failure has been
or will be caused entirely by circumstances not reasonably foreseeable and
beyond the control of (Respondent), which could not have been overcome by
due diligence, or if there is no agreement on the length of the extension,
the dispute shall be resolved in accordance with the Dispute Resolution
provisions of Section (number) of this Consent Order.
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                                    -17-
                        XX.  RESERVATION OF RIGHTS

             [NOTE:  To ensure abatement of the threats posed by site
             conditions, EPA's right to take action in the future or to
             require the Respondent to take appropriate future action
             should be preserved as much as possible.  For example, the
             Respondent may satisfactorily perform the actions required
             of it by the Order, but those actions may prove ultimately
             to be insufficient to remedy the problem.  To address such
             instances, the Agency must reserve its right to reinstitute
             legal action.  The following is a sample provision.]

     1.  EPA expressly reserves all rights and defenses that it may have,
including the right both to disapprove of work performed by (Respondent)
and to request that (Respondent) perform tasks in addition to thse stated
in the Work Plan.

     2.  Compliance by (Respondent) with the terms of this Consent Order
shall not relieve (Respondent) of its obligations to comply with RCRA or
any other applicable State or federal law.

     3.  EPA reserves the right to take any enforcement action pursuant to
CERCLA, RCRA, or any other available legal authority, including without
limitation, the right to seek injunctive relief, including actions to
compel implementation of corrective measures to compel compliance with
this Order, for cost recovery, for monetary penalties, and for punitive
damages.

     4.  EPA serves the right to perform any portion of the work consented
to herein or any additional site characterization, feasibility study, and
response/corrective actions as it deems necesary to protect public health
or welfare or the environment.  Absent an immediate hazard, EPA will not
perform work consented to herein if respondent is performing said work in a
timely and satisfactory manner.  [EPA may exercise its authority under
CERCLA to undertake removal actions or remedial actions at any time.]  In
any event, EPA reserves it right to seek reimbursement from (Respondent)
for such additional costs incurred by the United States.  Notwithstanding
compliance with the terms of this Consent Order, (Respondent) is not released
from liability, if any, for the costs of any response actions taken by EPA.

                       XXI.  OTHER CLAIMS AND PARTIES

     Nothing in this Consent Order shall constitute or be construed as a
release from any claim, cause of action or demand in law or equity against
any person, firm, partnership, or corporation not a signatory to this
Consent Order for any liability it may have arising out of or relating in
any way to the generation, storage, treatment, handling, transportation,
release, or disposal of any hazardous constituents, hazardous substances,
hazardous wastes, pollutants, or contaminants found at, taken to, or taken
from the Facility.
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                                    -18-
                       XXII.  OTHER APPLICABLE LAWS

     All actions required to be taken pursuant to  this Consent Order  shall
be undertaken  in accordance with the substantive requirements of all
applicable  local, state, and federal laws and regulations.

          XXIII.  INDEMNIFICATION OF THE UNITED STATES GOVERNMENT

     (Respondent) agrees to indemify and save and  hold harmless the United
States Government, its agencies, departments, agents, and employees,  from
any and all claims or causes of action arising from or on account of  acts
or omissions of (respondent) or its agents, independent contractors,
receivers,  trustees, and assigns in carrying out activities required  by
this Consent Order.  This indemnification shall not be construed in any
way as affecting or limiting the rights or obligations of (Respondent)
or the United  States under their various contracts.

                         [XXIV.  FINANCIAL ASSURANCE]

              [NOTE: To ensure that required corrective actions are
             successfully completed by the respondent, EPA may require
             the establishment of some form of financial assurance.   If
             the respondent proves unable or unwilling to undertake the
             actions prescribed in the Order, the Agency will then have
             access to funds with which to undertake the required action.
             The financial assurance may take one or more of several
             forms depending on a number of factors, including the
             reliability and the financial security of the respondent.
             These forms of financial assurance may include a performance
             or surety bond, liability insurance, an escrow performance
             guarantee account, or a trust fund.]
                          XXV.  SUBSEQUENT MODIFICATION
     1.  This Consent Order may be amended by mutual agreement of EPA and
(Respondent) Such amendments shall be in writing, shall have as their
effective date the date on which they are signed by both parties, and
shall be incorporated into this Consent Order.

     2.  Any reports, plans, specifications, schedules, and attachments
required by this Consent Order are, upon approval by EPA, incorporated into
this Consent Order.  Any non-compliance with such EPA-approved reports,
plans, specifications, schedules, and attachments shall be considered a
failure to achieve the requirements of this Consent Order and shall subject
(Respondent) to the penalty provisions included in Section (number) of
this Consent Order and other sanctions.
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                                    -19-
     3.   No informal advice, guidance, suggestions, or conments by EPA
regarding reports, plans, specifications, schedules, and any other writing
submitted to (Respondent) will be construed as relieving (Respondent) of
its obligation to obtain written approval, if and when required ty this
Consent Order.
                    XXVI.  TERMINATION AND SATISFACTION

      The provisions of this Consent Order shall be deemed satisfied upon
 (Respondent's) receipt of written notice from EPA that (Respondent) has
 demonstrated, to the satisfaction of EPA, that the terxs of this Consent
 Order, including any additional tasks which, subject to the limitations
 set forth herein, (Respondent) has agreed to undertake, have been
 satisfactorily completed.  EPA shall issue such notice after receipt of
 notice by (Respondent) that it has completed the requirements of the
 Consent Order.
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  \       LMTED STATES ENVIRONMENTAL PROTECTION AGENCY
  /                     WASHINGTON, D.C. 20460


                           NOV - 4  1986
MEMORANDUM

SUBJECT:.  Draft Guidance on thevse of Stipulated Penalties in
          Hazardous Waste Consent Decrees

FROM:     John S. Winder, Jr.            / J
          Assistant Enforcement Coansei, OE"CM-W«ste

TO:       Addressees

     I have attached for your review and comment Draft Guidance
on the Use of Stipulated Penalties in Hazardous Waste Consent
Decrees.  This document  is designed to assist in the drafting
of stipulated penalties provisions in EPA consent decrees for
RCRA and CERCLA cases and to ensure the en.: :rceabi lity o.f those
provisions.  The comments which were submic-.ed previously by the
Office of Waste Programs Enforcement (OPWE- and the Department
of Justice have been incorporated herein.

     Please address your comments to Carolyn Tillman of my
staff, Mail Code LE-134S, Room 3219L, FTS 475-8205, by Monday,
Movember 24, 1986.  After your comments have been incorporated,
we will circulate a final draft for review.

Attachment

cc:  Edward E. Reich, Associate Enforcement Counsel for Waste

Addressees;

Gene A. Lucero, Director, Office of Waste Programs Enforcement
John Cross, Chief, Guidance and Oversight Branch, Office of
   Waste Programs Enforcement
David T. Buente, Chief, Environmental Enforcement Section,
   U.S. Department of Justice
Nancy Firestone, Deputy Chief, Environmental Enforcement Section,
   U.S. Department of Justice
Hazardous Waste Branch Chiefs, Office of Regional Counsel,
   Regions I-X
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                       TABLE OF CONTENTS

          Guidance on the Use of Stipulated Penalties
               in Hazardous Waste Consent Decrees

                                                   Page

I.    INTRODUCTION                                    1

II.   BACKGROUND INFORMATION                          2

III.  RECOMMENDATIONS
     A.  Appropriate Use of Stipulated
         Penalties
         1.  In general                               3
         2.  When Penalties May/May Not Accrue        5
            a.  Force Majeure Event                  5
            b.  Grace Period                         6
            c.  Dispute Resolution Period            6
            d.  Period of Correction by
                Defendant                            7
            e.  Missed Interim Deadlines             8

     R.  Appropriate Amoiint of Stipulated
         Penalties
         1.  In general                               8
         2.  Fixed Amount vs. Sliding Scale          10
         3.  Per Diem Increases in Size of
            Penalty                                 10
         4.  Sharing Penalties with the State        11

     C.  Collection of Stipulated Penalties
         1.  In general                              11
         2.  Contempt Actions and Use of
            Other Remedies                          12
         3.  Limitations Period for Demanding
            Penalties                               13
         4.  Procedure for Collecting Penalties      14
         5.  To Whom Penalties Are Payable           14

     D.  Sample Stipulated Penalties Provisions     15


Attachments 1 and 2
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                                             DRAFT
MEMORANDUM
SUBJECT:  Guidance on the Use of Stipulated  Penalties  in  Hazardous
          Waste Consent Decrees

FROM:     Thomas L. Adams,  Jr.
          Assistant Administrator

TO:       Offices of Regional Counsel,  Regions  I-X


INTRODUCTION

     This document provides guidance  on the  use of  stipulated

penalties in hazardous waste consent  decrees. J_/  Stipulated

penalties are fixed sums of money that  a defendant  agrees to

pay for violating the terms of  a decree.   Since these monies

are totally forfeited if a  violation  occurs, such penalties

can be 'an effective enforcement tool  for compelling  compliance

with a consent decree and minimizing  future  violations of and

disputes over the terms of  the  decree.

     This document supplements  existing guidances and  incor-

porates more recent experiences in negotiating  consent decrees.

The primary sources of the  information  contained herein are

the "Guidance for Drafting  Judicial Consent  Decrees" (Court-

ney M. Price, October 19, 1983),  "Drafting Consent  Decrees

in Hazardous Waste Imminent Hazard Cases"  (Courtney  M. Price,
]_/ This guidance does  not  apply  to  Administrative Orders on
   Consent since the relevant  statutes  currently provide high
per diem penalties  for violations of Administrative Orders.
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                             - 2 -





Jack W. McGraw, May 1, 1985), "Division of Penalties with State



and Local Governments" (Courtney M. Price, October 30, 1985),



the Superfund Amendments and Reauthorization Act of 1986 (SARA),



and each of the EPA hazardous waste consent decrees filed to



date.   Based on the review of those guidance documents and a



review and evaluation of each consent decree,  this document has



been prepared to assist in drafting the stipulated penalties



section of future EPA hazardous waste consent  decrees.



BACKGROUND INFORMATION



     Since stipulated penalties can be effective in assuring



timely co-mpliance with the terms of a consent  decree,  it is



important that this section of the decree be carefully drafted



to protect the Agency's enforcement interests.  To understand



how stipulated penalties provisions have been  drafted  in the



past,  the consent decrees noted above were reviewed to evaluate



their stipulated penalties provisions.  Of the 58 hazardous



waste consent decrees negotiated to date, 39 contained a sec-



tion on stipulated penalties.  The remaining 19 decrees can



be characterized generally as agreements in which the defendant



would pay civil penalties or response costs, and/or would



conduct only limited remedial activities.  The 39 decrees with



stipulated penalties (see Attachment 1) required remedial



work of a more long-term nature.  The chart in Attachment 2



summarizes the stipulated penalties section of those decrees.
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                             - 3 -


     As the chart indicates, there is much variation in the

content of the stipulated penalties section of these decrees.

Some of the stipulated penalties provisions are fairly compre-

hensive, addressing a wide range of concerns, while others

give little information beyond the amount of the penalty to

be assessed.  Since the stipulated penalties section should be

clearly drafted to ensure ease of enforcement, the following

guidelines should be used in drafting this section of the

decree.  While these recommendations should be followed in most

cases,  it is recognized that individual cases may vary, and

one's bargaining position may ultimately dictate the character

of such provisions.

RECOMMENDATIONS

          A.  Appropriate Use of Stipulated Penalties

1.   In General

     As a general rule, all types of consent decrees should

include stipulated penalties if the decrees contain prospective

obligations for the defendant.  Consent decrees entered under

SARA, however, are required to contain stipulated penalties.

Section 121(e)(2) of SARA provides that:

   ...Each consent decree shall also contain stipulated
   penalties for violationsof the decree in an amount
   not  to exceed $25,000 per day, which may be enforced
   by either the President or the State.  Such stipulated
   penalties shall not be construed to impair or affect
   the  authority of  the court to order compliance with
   the  specific terms of any such decree.  (Emphasis added).
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Section 122(1) of SARA also p

violations of administrative orders and consent decrees:

          (1) CIVIL PENALTIES - A potentially responsible
          party which is a party to an administrative order
          or consent decree entered pursuant to an agreement
          under this section or section 120 (relating to
          Federal facilities) or which is a party to an
          agreement under section 120 and which fails or
          refuses to comply with any term or condition
          or the order,  decree or other agreement shall be
          subject to a civil penalty in accordance with
          section 109.

In the context of a CERCLA consent decree with mandated stipulated

penalties, both the stipulated penalties contained in the Consent

Decree and the Section 122(1) penalties may be assessed for

violation of the terms of a Consent Decree.  In those instances

where the stipulated penalty amounts contained in the consent

decree are sufficiently high to effectively deter non-compliance

with the Consent Decree V,  however, it may be appropriate to

waive 122(1) penalties.  **/
^/   See discussion § C.2., pp. 12-13, infra.

**/  It should be noted that the stipulated penalties language
     in Section 121 on its face applies only to CERCLA consent
decrees.  However, the analysis regarding waiver of Section 122(1)
penalties also applies to CERCLA administrative orders that
contain stipulated penalties.  If a CERCLA administrative order
does not contain stipulated penalties, Section 122(1) civil
penalties will apply by operation of law.
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     Even consent decrees which primarily involve a "cash out"



(i.e., where the defendant pays a fixed sum of money to absolve



himself of his remedial obligations) may warrant the inclusion



of stipulated penalties.  For example, if a defendant agrees to



pay his cash out share in installments, stipulated penalties



should be used to penalize late payments.  If a case arises in



which the defendant must perform certain tasks in addition to



cashing out (such as providing site access or security), stipu-



lated penalties should be imposed to ensure that the defendant



performs.



     Stipulated penalties are applicable to noncompliance with



a decree as a whole, or noncompliance with only specified



requirements.   Most commonly they are applicable to delays in



performance; whether it is performance of any requirement of



the decree, or only specified performances.   The types of vio-



olations for which stipulated penalties apply will necessarily



depend on the value the negotiator places on the activity to



be performed.



     Stipulated penalties are also applicable where the defen-



dant makes a poor quality attempt at performance.  If a consent



decree requires the performance of a task and the Agency deter-



mines that the defendant's performance is inadequate, stipulated



penalties  may be assessed for failure to perform.  It is recom-



mended that Agency standards be used where applicable.  In any



event,  the Agency should reserve the right to determine whether
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                             - 5 -


the quality of the defendant's performance constitutes "compli-

ance" with the standard; whether it is an Agency standard or

some other standard agreed to by the parties during the nego-

tiation process (such as "generally accepted engineering prac-

tices").  Furthermore, the burden of proof on such issues

should rest with defendant.

2.   When Penalties May/May Not Accrue

     Usually stipulated penalties begin to accrue on the date

in which complete performance of a particular task is due.

The accrual of such penalties may be stayed, however, during

designated periods or by the occurrence of certain events.

The various reasons for not assessing stipulated penalties are

noted below.

     a. Force Majeure Event

     One of the most common reasons for the nonaccrual of stip-

ulated penalties is the occurrence of a force tnajeure event.  A

force majeure event is one which is beyond the control of the

defendant (such as an act of God or an act of war).£/  Since

penalties generally do not accrue during this period, the

definition of a force majeure event should be narrowly drawn

and the burden placed on the defendant to show that a force
£/  Twenty-one of the 39 consent decrees surveyed specifically
    stated that stipulated penalties would not accrue duringthe
period of noncompliance caused by a force majeure event.
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                             - 6 -


majeure event has occurred.^/

     b. Grace Period

     Many decrees provide for a fixed period immediately fol-

lowing notification of a violation in which the defendant has

the opportunity to explain his noncompliance and/or correct it,

and during which stipulated penalties will not accrue.  The

length of the grace periods noted to date have ranged from 3 to

30 days.  It may be acceptable to include a limited grace

period in the stipulated penalties provision to allow time for

the correction of violations due to a force majeure event.

However, the length of the grace period should be proportioned

to fit the length of time reasonably calculated to correct the

violation.   In most cases, 7 days would be an acceptable grace

period.

     c. Dispute Resolution Period ^J

     Usually the obligation to perform a disputed activity is

stayed when the defendant files a petition with the Court to
£/ Some decrees may reference the staying of stipulated penal-
   ties due to a force majeure event in the "Force Majeure" sec-
tion of the decree.  However, it is recommended that the staying
of penalties be addressed in the stipulated penalties section
of the decree.

V Some decrees may reference the staying of stipulated penal-
   ties in the "Dispute Resolution" section.  As noted in foot-
note 3 above, it is recommended that the staying of stipulated
penalties during the dispute resolution period be addressed in
the stipulated penalties section of the decree.
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                             - 7 -






dispute a charge or resolve some disagreement.  This often



stays the assessment and payment of stipulated penalties at



that point as well.  Although this practice is discouraged, in



the event of a stay, it should be clearly indicated that if the



defendant loses the dispute, all penalties which accrued during



the period of dispute resolution will be due.



     If the dispute involves the selection of  a remedy follow-



ing the performance of an RI/FS by the defendants for a CERCLA



cleanup action, a significant amount of time is often needed to



settle such disputes.  For those instances,  the stipulated



penalties section may be drafted in a manner that allows the



Agency to waive the penalties accrued during the pendency of



the dispute.



     d. Period of Correction by Defendant



     A typical stipulated penalties provision  might indicate



that "penalties will accrue until the violation is corrected



by the defendant."  Sometimes it is uncertain, however, whether



such a statement means that penalties will cease to accrue on



the day the defendant begins to correct the violation, or



whether they continue to accrue through the last day of correc-



tion.  Indeed, one of the decrees surveyed specifically provided



that penalties cease to accrue upon initial demonstration by



the defendant of compliance with the applicable requirements of



the Decree.
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     It is preferable that stipulated penalties accrue through



the final day of correction in order to foster the Agency's



interest in timely compliance.  It is necessary, therefore,



to explicitly state this in the decree.



     e.  Missed Interim Deadlines



     Three of the decrees surveyed provided that penalties for



interim deadline violations would not be sought if the defendant



met the final completion date.  Since in many instances the



final deadline is the most important, it may not be unreasonable



to stay the penalties for violations of interim milestones.



It should be clear to the defendant, however, that if the final



deadline is missed, the penalties for interim deadline violations



will be sought in addition to those which would accrue after



the final deadline.  The "Guidance for Drafting Judicial Consent



Decrees," at 24, notes that interim deadline penalties can be



collected up front and placed into an escrow account.  This prac-



tice should be followed to encourage prompt compliance.  The



escrow agent should be authorized to turn account monies over



to the Agency in the event that the final completion date is



missed.



         B.  Appropriate Amount of Stipulated Penalties



1 .    In general



     Since stipulated penalties are intended to assure compli-



ance,  they should necessarily be large enough to provide economic
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                             - 9 -






incentives to the defendant to comply with the terras of the



consent decree.   The consent decrees surveyed contained stipu-



lated penalties  ranging from as low as S100 per day to as high




as 35,000 per day.   It was evident from the survey that no



conclusions could be drawn regarding the specific amount which



applied to specific types of violations.  Nonetheless, in



setting the amount, one should generally take into consid-



eration the gravity of the violation, the financial condition



of the defendant, the economic savings from noncompliance, the



degree of harm or danger to the public or environment, the



reliability of the defendant based on previous cooperation or



experience, the  potential for future or continuing violations,



and the probable effectiveness of a particular size penalty.



See,  e.g., SARA  § 109(a)(3).



     As noted on page 3, supra, SARA provides for stipulated



penalties as large as $25,000 per day.  In addition, Section



122(1) provides  that civil penalties may be assessed in accor-



dance with Section 109 for failure to comply with a consent



decree.  Based on those two sections of the reauthorized Act,



it is clear that Congress favors a strong penalty policy in



this  area.  In particular, it is critical that the Agency set



the penalty high enough to discourage noncompliance (i.e., refu-



sal to do the work) based on purely economic considerations.
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                              -10-


 2.   Fixed Amount vs. Sliding Scale

     Each stipulated penalties provision should state a fixed

 amount per day to be imposed.  This "sum certain" puts the

 defendant on notice of the potential extent of his obligation

 before a violation occurs.£/  Although a sliding scale approach

 (i.e. "defendant shall pay up t_o $5000/day") was used in 9 of

 the consent decrees surveyed, this approach should be avoided

 since it makes the penalty subject to negotiation.  That in

 turn destroys the economy of using stipulated penalties since

 the parties must then negotiate the ultimate amount.

 3.   Per Diem Increases in Size of Penalty

     Although the sliding scale approach should not be utilized,

 a decree can provide that .the per diem amount of the penalty

 will increase with each incremental increase in the period of

 noncompliance.  For example, a fixed penalty of $5,000 per day

 might increase to $10,000 per day after the 15th day of noncom-

 pliance,  and $15,000 per day after the 30th day.   Fourteen of the

 consent decrees surveyed provided for such escalating penalties.

 Presumably escalating penalties will give the defendant added

 incentive to come into compliance, and it is recommended that

 they be used whenever possible.
£/ To the extent that EPA reserves its rights to seek penal-
   ties under SARA § 109 or civil contempt orders, however,
the "sura certain" argument is really only an indication of
the minimum amount for which a consent decree violator may
be liable.
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                              -11-


4.   Sharing Penalties with the State

     Statutory penalties may be shared with a State if the

State has actively participated in the litigation, actively

sought such penalties, and State  law provides independent

authority for the State to obtain civil penalties:

     The penalties should be divided in a proposed
     consent decree based on the  level of partici-
     pation and the penalty assessment authority of
     the state or locality.  The  division should
     reflect a fair apportionment based on the tech-
     nical and legal contributions of the participants,
     within the limits of each participant's statutory
     entitlement to penalties.

"Division .of Penalties with State and Local Governments" (Court-

ney M. Price, October, 30, 1985)  at 3.  Similarly, stipulated

penalties may be shared with a State,£/ although the criteria

for statutory penalties set out above should be used only as a

guide in determining how to share stipulated penalties with a

State.  Since stipulated penalties are negotiated, the Agency

should have greater flexibility in sharing them with a State.

             C.  Collection of Stipulated Penalties

1 .   In general

     Since Agency policy encourages aggressive post-settlement

enforcement, it is essential to the integrity of the enforce-

ment program that stipulated penalties be collected whenever
£/ Section 121 of SARA appears to support this position since
   it gives the State the authority to enforce the stipulated
penalties section.  See discussion at page 3, supra.
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                              -12-
noncompliance occurs.^/  Subject to paragraph "2" below, every

effort shall be made to collect stipulated penalties both to

deter future noncompliance by defendants and to maintain the

Agency's enforcement credibility.  The Agency thus will not

hesitate to initiate a judicial action to enforce the stipu-

lated penalties provision of consent decrees.

2.   Contempt Actions and Use of Other Remedies

     If the defendant disagrees with the determination that

a violation has occurred, the Agency's right to collect stipu-

lated penalties is usually determined by the dispute resolution

process.  If the defendant loses in dispute resolution but

refuses to pay, the Agency may collect stipulated penalties by

filing a contempt' action.  See, United States v. City of Miami,

664 F.2d 435, 439 (5th Cir. 1981).   Despite this remedy, a

contempt suit to collect stipulated penalties is not the

sole remedy for violations of a decree.  There may be times

when the Agency will prefer other or additional remedies, such

as use of the court's equitable powers or its own right to
1_l  The need for improved post-settlement enforcement was
~~   recognized recently in a study by the United States General
Accounting Office (GAO) on governmental oversight of cleanup
efforts by responsible parties.  That study indicates that in
many of the settled cases examined pursuant thereto, provisions
for the assessment of high penalties for noncorapliance are not
being enforced by the Agency.  (See "Hazardous Waste — Responsible
Party Clean Up Efforts Require Improved Oversight" (GAO, May
1986, pp.  29-30).)
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                              -13-


collecC higher penalties under applicable statutes.   See,  e.g.,

SARA § 109, RCRA § 3008.  Thus,  to preserve the Agency's rights,

each section on stipulated penalties should state that these

penalties are "in addition to, and not in lieu of" the Agency's

right to other sanctions for violations of the decree.^/

3.   Limitations Period for Demanding Payments

     One of the decrees surveyed contained a limitations per-

iod for demanding the payment of stipulated penalties.  The

decree stated that if the plaintiff neither made written demand

for stipulated penalties nor gave written notice of  the intent

to make such a demand within 120 days of the date it discovered

or should have discovered the noncompliance, then the plaintiff

would be deemed to have waived any claim for penalties based

upon that noncompliance.  The burden of proving a waiver was

placed upon the defendant.

     Hazardous waste consent decrees should not contain a

limitations period for demanding stipulated penalties.  The

Agency should have the right to  demand stipulated penalties for

any noncompliance discovered at  any time during the  term of the

decree.  The burden of proving a waiver will be placed upon the

defendant in any event, and the  Agency should not have to

defend its actions every time the defendant believes that a

demand has been untimely made.
^J See, however, the discussion regarding SARA § 122(1)
   penalties at page 3A, supra.
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                               -14-





 4.    Procedure for Collecting  Penalties



      A  consent decree should not require  that  the Court be



 petitioned  in order to collect penalties.  Although many of



 the decrees provided that penalties were  payable upon written



 demand, others required that the plaintiff first petition the



 Court for relief.  This latter requirement is  unnecessary and



 unduly  burdensome.



      Forfeiture  is the best method of collecting penalties, and



 should  be provided for in the decree.  Under this procedure,



 upon notice of a violation the defendant  will  have a stated



 number  of days to pay the penalty, petition the Court for a



 force majeure determination, or to move the issue into dipute



 resolution.



     Each decree should also state that the invocation of the



 dispute resolution procedure by the defendant  must be done "in



 good faith," and that the Agency will seek additional remedies



 if frivolous attempts to challenge penalty assessments occur.



Moreover,  the decree should state that the defendant bears the



burden of  establishing good faith.



 5.   To Whom Penalties Are Payable



     The stipulated penalties section should indicate to whom



monies are payable.   This is particularly important for actions



brought under the Comprehensive Environmental  Response,  Compen-



sation and Liability Act of 1980 (CERCLA), 42  U.S.C.  § 9601  et



seq.  (as amended by the Superfund Amendments and Reauthorization
-------
                               1 S-


Act of 1986), since the "Superfund" is partially replenished

by monies paid under that statute.  Although monies owed to

the general Treasury are paid to the "Treasurer of the United

States," it is recommended that stipulated penalties collected

pursuant to CERCLA violations be made payable to the Superfund.^/

All penalties should be paid by certified check, contain the

complete and correct address of the defendant, and reference

the case name and civil action number.

     D.  Sample Stipulated Penalties Provisions

     The following stipulated penalties provisions are offered

as a guide in drafting this section of the decree:

                   	. STIPULATED PENALTIES

     1.  Defendant shall pay stipulated penalties to the United
States [and/or the State of 	]_£_/ for failure to comply with
[Paragraphs       of] this Consent Decree.  Compliance by Defen-
dant shall include complete adherence to  [EPA standards of work
quality or the standards mutually agreed upon during negotia-
£_/ This recommendation is supported by the guidance memorandum
   on "Remittance of Fines and Civil Penalties" (Courtney M.
Price, April 15, 1985) which indicates that "all EPA Superfund
billings" should go into a lockbox bank specifically designated
for Superfund monies.   In addition, since Section 107(c)(3) of
CERCLA directs that punitive damages go into the Superfund, it
is arguable that CERCLA stipulated penalties should be deposited
there as well.

     The address for the CERCLA lockbox is:

                      EPA - Superfund
                      P.O. Box 371003M
                      Pittsburg, PA  15251

£/ Bracketed provisions are optional.
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                              -16-


1Oons] and to the specified time schedules and implementation
schedules submitted by Defendant and approved by Plaintiff and
this  Court under this Decree.   [If Defendant fails to meet
interim deadlines, but meets the final completion date for the
work  to be performed herein, the penalties for missed interim
deadlines may be excused.  However, such penalties will be
collected at the time of violation, pursuant to the procedures
outlined in this section, and placed into an escrow account
established by Defendant.  The  escrow agreement shall direct
the escrow agent to deliver stipulated penalties to Plaintiff
upon  written statement by Plaintiff that the final completion
date  for all work has not been met].

      2.  Upon Plaintiff's determination that Defendant has
failed to comply with the requirements of this Decree, Plain-
tiff  shall give Defendant written notification of the same and
describe the noncompliance.  [The notification shall require
Defendant to explain and correct the noncompliance within 7
days  of receipt, or pay stipulated penalties].  Said notice
shall also indicate the amount of penalties due.

      3.  [If the noncompliance  is not corrected within 7 days],
all penalties owed to the United States [or State] under this
section shall be payble upon demand by EPA [or the appropriate
State Agency] within 30 days of receipt of the notification of
noncorapliance.   Such penalties shall be paid by certified check
to the Treasurer of the United States [or Treasurer of the
State, or the EPA Hazardous Substances Response Trust Fund] and
mailed to [the appropriate Federal or State postal address].

      4.  All penalties begin to accrue on the day that complete
performance is due, and continue to accrue through the final day
of correction of the noncompliance.

      5.  Neither the filing of a petition to resolve a dispute
nor the payment of penalties shall alter in any way Defendant's
ultimate obligation to complete the performance required here-
under.

      6.  Defendant may dispute Plaintiff's right to the stated
amount of penalties by filing a petition with the Court in accord
with  Section 	 (the "Dispute Resolution" section) herein,
within 30 days  of receipt of the notification of noncompliance.
[Penalties shall accrue but will not be demanded during this
period.  If Defendant loses upon resolution,  however, Plaintiff
has the right to collect all penalties which accrued prior to
and during the period of dispute.]  Defendant bears the burden
of proving that any dispute brought under this subsection is  a
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                              -17-
good faith dispute.  If it is found that Defendant has not in-
voked the dispute resolution provisions in good faith, Plaintiff
reserves the right to seek additional or other sanctions against
Defendant.

     7.  [No penalties shall accrue for 	 days [grace period]
for violations of this Decree caused by events beyond the
control of Defendant as identified in Section     herein ("Force
Majeure" section)].  Defendant has the burden of proving force
majeure or compliance with this Decree.

     8.  If Defendant refuses to pay stipulated penalties,
Plaintiff may institute contempt proceedings in the U.S. Dis-
trict Court for relief.  However, nothing in this section
shall be construed as prohibiting, altering, or in any way
limiting the ability of Plaintiff to seek any other remedies
or sanctions available by virtue of Defendant's violation of
this Decree or of the statutes and regulations upon which it
is based.

     9.  The following stipulated penalties shall be payable per
violation per day to the United States [and/or State] for any
noncompliance identified in subparagraph 1  above:

              Amount/Day      Period of Noncompliance

              $10,000         1st thru 14th day

              $15,000         15th thru 30th day

              $25,000         31st day and beyond

    10.  No payments made under this section shall be tax deduc-
tible.

    11.  This section shall remain in full force and effect for
the term of this Decree.
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                           Attachment 1


 Hazardous Waste Consent Decrees Containing Stipulated Penalties

 1.  A & F Materials, Inc. (C.A. No. 83-3123)

 2.  Aerojet-General Corp. & Cordova Chem. Co. (1986)

 3.  Automated Ind. Disposal and Salvage Co., Inc. & Lipton
     Investment Service Co. (1980)

 4.  BASF Wyandotte Corp. 6t Fed. Marine Terminals, Inc. (C.A.
     80-73699)

 5.  Berlin Farro Liquid Incineration, Inc. (1984)

 6.  Broderick Development Corp. (May 21, 1986)

 7.  Chemcentral/Detroit Corp. (C.A. No. 80-73730)

 8.  Chemical Recovery Systems, Inc. (No. C80-1858)

 9.  Chemical Waste Management, Inc., Oakbrook, 111. (Docket
     Nos. TSCA-V-C-307,  RCRA V-W-85R-019)

10.  Denver, City and County of (84-JM-1507)

11.  Diamond Shamrock Corp. (Docket No.  V-W-3013-2, July 14,
     198 3)

12.  Dusek, Franklin J. , et al. (C.A. No. CAB-80-110)

13.  Energy Systems Co.  (ENSCO), 1981

14.  Environmental Conservation and Chemical Corp. e_t al.
     (C.A. No. IP831419C)

15.  Environmental Waste Removal,  Inc. (C.A. No.  82-291)

16.  Fike Chemicals, Inc. (C.A. No. 80-2497)

17.  Gulf Coast Lead Co., (C.A. No. 80-1127, CIV-T-K)

18.  Hillsborough,  County of (Case No. 80-1128)

19.  Lloyd L. Hodges, et al.  (C.A. No. H-80-472)

20.  Homestake Mining Co. (1983)

21.  Hooker Chemicals fie  Plastics Corp.,  et al. (C.A. No. 79-988)
-------
22.  Ilco, Inc., et al. (C.A. No. CV85-H-823-5)

23.  Melvyn Ingalls, et al. (C.A. No. 85-0282-GT (IEG))

24.  Inmont Corp., et al. (1985)

25.  Kin-Buc, Inc., et al. (C.A. No. 79.514)

26.  Lancaster Metals Science Corp.

27.  Alvin F. Laskin & Poplar Oil Co. (C.A. No.
     C79-7594)

28.  Steve Martell, et al. (No. H-80473)

29.  Metate Asbestos Corp., et al. (No. CIV-83-309)

30.  Midwest Solvents Recovery, Inc., et al. (C.A. No. H-79-566)

31.  Occidental Petroleum Corp., et al. (No. CIV S-79-989
     MLS)

32.  Petro-Processors of La. (C.A. No. 80-358-B)

33.  Reilly Tar (1986)

34.  Seymour Recycling Corp., et al. (C.A. No. IP-80-457-C)

35.  Solvents Recovery Service of New England, Inc. (CA No.
     H-79-704 JAC)

36.  Spectron, Inc. & Paul J. Mraz (C.A. File No. HM-80-1552)

37.  Vertac Chemical Corp., et al. (No. Cr-C-80-110)

38.  W. R. Grace Co. (C.A. No. 80-748-C)

39.  Western Processing Co., Inc., et al.  (No. C83-252M)
-------

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


                           MAY  8 £64
MEMORANDUM
SUBJECT:  Final RCRA Civil Penalty Policy  n

                                        i •  I
FROM:      Courtney M.       _
          Assistant Administrator for Enforcement
            and Compliance
          Lee M. Thomas
          Assistant Administrator for Solid "Waste
            and Emergency Response
TO:       Addressees
     Attached is the Final RCRA Civil Penalty Policy which  is
being issued jointly by our Offices.

     In response to comments received from both Headquarters
and Regional Offices on the January 31, 1984, Second Draft,
the following changes have been made:

     0  the Potential for Harm section has been rewritten
        and new examples have been included to better
        explain the concepts of major, moderate and minor;

     0  the penalties listed in the matrix have been altered
        slightly in order to fill the gaps between each cell;

     0  the RCRA Civil Penalty Policy provides for the
        calculation of the economic benefit of non-compliance.
        The economic benefit formula included in the policy
        takes into account two types of costs, avoided and
        delayed.  Definitions and examples of these terms
        have been included.  The IRS interest rates to be
        used in the formula have been included for the
        years 1980-1984;

     0  the cut-off below which no economic benefit analysis
        needs to be conducted has been reduced from $10,000
        to 32,500 because the lower figure is more appropriate
        for the RCRA program;
-------
          FINAL
RCRA CIVIL PENALTY POLICY
       May  8,  1984
-------
                         TABLE OF CONTENTS

                                                        Page

   I.  Introduction 	1

  II.  Relationship to Agency Penalty Policy 	3

 III.  Summary of the Policy 	3

  IV.  Administrative Record 	5

   V.  Determination of Gravity-Based Penalty 	5

      A. Potential for Harm 	6

      B. Extent of Deviation from Requirement 	8

      C. Penalty Assessment Matrix 	10

  VI.  Multiple and Multi-Day Penalties 	11

      A. Assessing Multiple Penalties 	11

      B. Assessing Multi-Day Penalties	12

 VII.  Effect of Economic Benefit of Noncompliance 	12

      A. Types of Economic Benefit 	14

      B. Calculation of Economic Benefit •	14

VIII.  Adjustment Factors and Effect of Settlement 	16

      A. Adjustment Factors 	16

         (1) Good faith efforts to comply/lack of good
               faith (Degree of Cooperation/noncooperation).17

         (2) Degree of willfulness and/or negligence 	17

         (3) History of noncompliance 	18

         (4) Ability to pay 	20

         (5) Other unique factors 	20

      B. Effect of Settlement  	21

  IX.  Appendix:  Penalty Computation Worksheet 	22

   X.  Hypothetical Applications of the Penalty Policy	24
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                    RCRA CIVIL PENALTY POLICY

I.    INTRODUCTION

     To respond Co che problem of improper management of hazardous
waste, Congress amended the Solid Waste Disposal Act with the
Resource Conservation and Recovery Act (RCRA) of 1976.  Although
the Act has several objectives, Congress1 overriding purpose in
enacting RCRA was to establish the statutory framework for a
national system that would ensure the proper management of
hazardous waste.

     Section 3008(a) of RCRA, 42 U.S.C. §6928(a), provides that
if any person is in violation of a requirement of Subtitle C,
the Administrator of the Environmental Protection Agency (EPA)
may, among other options, issue an order requiring compliance
immediately or within a specified time period.  Section 3008(c),
42 U.S.C. §6928(c), provides that any order issued may assess a
penalty, taking into account:

          0    the seriousness of the violation, and

          0    any good faith efforts to comply with the applicable
               requirements.

Section 3008(g) further provides EPA with the authority to assess
civil penalties of up to $25,000 per day of violation.

     This document sets forth the Agency's policy for assessing
administrative penalties under RCRA, 42 U.S.C. §6901  et seq. /
The purpose of the policy is to assure that RCRA civil~penalties
are assessed in a fair and consistent manner; that penalties are
appropriate for the gravity of the violation committed; that
economic incentives for noncompliance with RCRA are eliminated;
that persons are deterred from committing RCRA violations; and
that compliance is achieved.

     The policy provides internal guidelines to aid EPA
compliance/enforcement personnel in assessing appropriate
penalties.  It also provides a mechanism whereby compliance/
enforcement personnel may, within specified boundaries, exercise
discretion in negotiating administrative consent agreements and
orders, and otherwise modify the proposed penalty when special
circumstances warrant it.  The policy will be supplemented as
necessary.
*/   Because there is no RCRA judicial civil penalty policy,
     compliance/enforcement personnel may rely on this
administrative civil penalty policy in assessing penalties  in
judicial cases.
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                             - 2 -


     This document does not discuss whether assessment of an
administrative civil penalty is the correct enforcement
response to a particular violation.  Rather, this document
focuses on determining what the proper civil penalty should be
once a decision has been made that a civil penalty is the proper
enforcement remedy to pursue.  For guidance on when to assess
administrative penalties, consult the following:

     0    Guidance on Developing Compliance Orders Under Section
          3008 of RCRA, July 7, 1981 ;*/

     0    RCRA," Section 3005(e); Continued Operation of Hazardous
          Waste Facilities by Owners  or Operators Who Have
          Failed to Achieve Interim Status, July 31,  1981;

     0    Guidance on Developing Compliance Orders Under Section
          3008 of RCRA; Enforcement of Ground-Water Monitoring
          Requirements at Interim Status Facilities,  January 22,
          1982; .7

     0    Guidance on Developing Compliance Orders Under Section
          3008 of RCRA; Enforcement of the Financial Responsibility
          Requirements Under Subpart H of 40 CFR Parts 264 and 265,
          October 6, 1982;*/

     0    Guidance on Developing Compliance Orders Under Section
          3008 of RCRA; Failure to Submit and Submittal of
          Incomplete Part B Permit Applications, September 9, 1983.

The discussions of specific penalty assessments set out in the
second and fifth guidances, above, are superseded by this docu-
ment.  The portions of these guidances which do not address
specific penalty assessments remain operative.

     The RCRA Civil Penalty Policy is immediately applicable and
should be used to calculate penalties for all RCRA administrative
actions instituted after the date of the policy, regardless of
the date of violation.
*/   These three guidances classify RCRA violations as either
     Class I, II, or III, and state that Section 3008 compliance
orders should generally be issued to address Class I, Class II,
and continued or flagrant Class III violations.  The Agency is in
the process of developing a RCRA enforcement response policy which
could change the current scheme for classifying and responding to
violations.  Compliance/enforcement personnel should continue to
rely on the existing guidance until the new enforcement response
policy is issued.
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                             - 3 -


     The procedures set out in this document are intended solely
for the guidance of government personnel.  They are not intended
and cannot be relied upon to create rights, substantive or proce-
dural, enforceable by any party in litigation with the United
States.  The Agency reserves the right to act at variance with
this policy and to change it at any time without public notice.

II.  RELATIONSHIP TO AGENCY PENALTY POLICY

     The RCRA Civil Penalty Policy sets forth a system of penalty
assessment consistent with the established goals of the Agency's
new civil penalty policy which was issued on February 16, 1984.
These goals consist of:

          0    Deterrence;

          0    Fair and equitable treatment of the regulated
               community, and

          0    Swift resolution of environmental problems.

The RCRA penalty policy also adheres to the Agency policy's
framework for assessing civil penalties by:

          0    Calculating a preliminary deterrence amount
               consisting of a gravity component;

          0    Determining any economic benefit of noncompliance;
               and

          °    Applying adjustment factors to account for
               differences between cases.

III. SUMMARY OF THE POLICY

     The penalty calculation system consists of (1) determining a
gravity-based penalty for a particular violation, (2) considering
economic benefit of noncompliance where appropriate, and
(3) adjusting the penalty for special circumstances.  Two
factors are considered in determining the gravity-based penalty.

          0    potential  for harm; and

          0    extent of  deviation from a statutory or regulatory
               requirement.

     These two factors constitute the seriousness of a violation
under RCRA, and have been incorporated into the following penalty
matrix from which the gravity-based penalty will be chosen:
-------
                               - 4 -
                               MATRIX

                Extent of Deviation from Requirement
Potential
  for
 Harm

MAJOR
MODERATE
MINOR
MAJOR
325,000
to
20,000
$10,999 •
to
8,000
$2,999
to
1 ,500
MODERATE
$19 ,999
to
15 ,000
$7,999
to
5,000
$1 ,499
to
500
MINOR
$14,999
to
1 1 ,000
$4,999
to
3,000
$499
to
100
       Where a company has derived significant savings by its
  failure to comply with RCRA requirements, the amount of economic
  benefit from noncompliance gained by the violator will be
  calculated and added to the gravity-based penalty.  A formula
  for computing economic benefit is included.

       After determining the appropriate penalty based on gravity
  and,  where appropriate, economic benefit, the penalty may be
  adjusted upwards or downwards to reflect particular circumstances
  surrounding the violation.  The factors that should be considered
  are:

            0    Good faith efforts to comply/lack of good faith;

            0    Degree of willfulness and/or negligence;

            0    History of noncompliance;

            0    Ability to pay; or

            0    Other unique factors.

  These factors (with the exception of factors which increase the
  penalty such as history of noncompliance) generally will be
-------
considered after proposing the penalty in the complaint, i.e.,
during the settlement stage.  However, the Regions have the
discretion to apply the adjustment factors when determining the
initial penalty, if the information supporting adjustment is
available.

     The policy also discusses the appropriate assessment of
multiple and multi-day penalties.

     A detailed discussion of the policy follows.  In addition,
this document includes a few hypothetical cases where the step-
by-step assessme-nc of penalties is illustrated.  The steps
included are choosing the correct penalty cell on the matrix,
calculating the economic benefit of noncompliance,  where appro-
priate, and adjusting the penalty assessment before and after
issuance of the complaint.

IV.  ADMINISTRATIVE RECORD

     In order to support the penalty proposed in the complaint,
compliance/enforcement personnel must include in the case file an
explanation of how the proposed penalty amount was  calculated.
The case file must also include a justification of any adjust-
ments made after issuance of the complaint.  In ongoing cases,
the assessment rationale would be exempt from the mandatory
disclosure requirements of the Freedom of Information Act,
5 U.S.C. 552, because producing such records would interfere
with enforcement proceedings, 40 CFR §2 .118(a)(7).   Nevertheless,
the Agency may elect to release penalty information after a com-
plaint has been issued.  Once an enforcement action has been
completed, the justification of the penalty assessment would
no longer be exempt from disclosure.

     A penalty computation worksheet to be included in the case
file is attached.  (See: Appendix.)

V.   DETERMINATION OF GRAVITY-BASED PENALTY

     RCRA Section 3008(c) states that the seriousness of the
violation must be taken into account in assessing penalties.  The
gravity-based penalty is determined according to the seriousness
of the violation.  The seriousness of a violation is based on two
factors which are used to assess the appropriate gravity-based
penalty:

          0    potential for harm; and

          0    extent of deviation from a statutory or regulatory
               requirement.
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                             - 6 -

     A.   Poten-tial for Harm

     The RCRA requirements were promulgated in order to prevent
harm to human health and the environment.  Thus, noncompliance with
any RCRA requirement could result in a situation where there  is a
potencial for harm.  The potential for harm resulting from a  viola-
tion may be determined by:

          0    the likelihood of exposure to hazardous .waste  posed
               by noncompliance, or

          0    the adverse effect noncompliance has on the statu-
              ,tory or regulatory purposes or procedures for
               implementing the RCRA program.

     By answering questions like the following, compliance/
enforcement personnel can determine^ the likelihood of exposure
in a particular situation:

          0    What is the quantity of waste?

          0    Is human life or health potentially threatened
               by the violation?

          0    Are animals potentially threatened by the
               violation?

          0    Are any environmental media potentially threatened
               by the violation?

     There may be violations where the likelihood of exposure
resulting from the violation is small, difficult to quantify, or
nonexistent, but which nevertheless may disrupt the RCRA program
(e_._g_1>  failure to comply with financial requirements).  This
disruption may also present a potential for harm to human health
or the environment, due to the adverse effect noncompliance can
have on the statutory or regulatory purposes or procedures for
implementing the RCRA program.

     For each of the above considerations -- likelihood of exposure
and adverse effect on implementing the RCRA program -- the emphasis
is placed on the potential harm posed by a violation rather than on
whether harm actually occurred.  The presence or absence of direct
harm in a noncompliance situation is something over which the vio-
lator may have no control.  Such violators should not be rewarded
by assessing lower penalties when the violations do not result in
actual harm.

     Compliance/enforcement personnel should evaluate whether the
potential for harm is major, moderate, or minor in a particular
-------
situacion.  The degree of potential harm represented by each
category is defined as:

     0    MAJOR    (1)   violation poses a substantial likelihood
          of exposure to hazardous waste; and/or

                   (2)   the actions have or may have a substantial
          adverse effect on the statutory or regulatory purposes
          or procedures for implementing the RCRA program.

     0    MODERATE (1)   the violation poses a significant likeli-
          hood ToT~exposure to hazardous waste; and/or

                   (2)   the actions have or may have a significant
          adverse effect on the statutory or regulatory purposes
          or procedures for implementing the RCRA program.

     0    MINOR    (1)   the violation poses a relatively low like-
          lihood of exposure to hazardous waste; and/or

                   (2)   the actions have or may have an adverse
          effect on the statutory or regulatory purposes or
          procedures for implementing the RCRA program.

     The following examples illustrate the difference between
major, moderate, and minor potential for harm.

Example 1 - Major Potential for Harm

     40 CFR §265.143 requires that owners or operators of hazardous
waste facilities establish financial assurance for closure of their
facilities.  The purpose of this requirement is to assure that
funds will be available for proper closure of facilities.  Under
§265.I43(a)(2),  the wording of a trust agreement establishing
financial assurance for closure must be identical to the wording
specified in 40 CFR §264.151(a) (1) .  Failure to word the trust
agreement as required may appear inconsequential.  However, even a
slight alteration of the language could change the legal effect of
the financial instrument so that it would no longer satisfy the
intent of the regulation.  When the language of the agreement
differs from the requirement such that funds would not be available
to close the facility properly, the lack of identical wording
would have a substantial adverse effect on the regulatory scheme.
This violation would be assigned to the major potential for harm
category.

Example 2 - Moderate Potential for Harm

     Under 40 CFR §262.34, a generator may accumulate hazardous
waste on-site for 90 days or less without having interim status
or a permit provided that among other requirements, each container
-------
                            - 8 -


or tank of waste  is labeled or marked clearly wich  the words,
"Hazardous Waste."  In a situation where a generator  is  storing
compatible waste, has labeled half of its containers, and has
clearly identified its storage area as a hazardous  waste storage
area, there  is some indication that the unlabeled containers
hold hazardous waste.  However, because there is a  chance that
the unlabeled containers could be removed from  the  storage area,
and that without  labels the Agency would not know if  the waste
had been stored for more than 90 days, this situation poses a
significant  likelihood of exposure to hazardous waste (although
the likelihood is not as great as it would be if neither the
storage area nor  any of the containers were marked).  The
moderate potential for harm category would be appropriate in
this case.

          .1. Minor Potential for Harm-

     Owners  or operators of hazardous waste facilities must, under
40 CFR §265.53, submit a copy of their contingency  plans to all
local police departments, fire departments, hospitals, and State
and local emergency response teams that may be  called upon to
provide emergency services.  If a facility has  a complete contin-
gency plan,  including a description of arrangements agreed to by
local entities to coordinate emergency services (§265.52), but
failed to submit  copies to all of the local entities, there is a
potential for harm.  However, because a complete plan exists and
arrangements with all of the local entities have been agreed to,
the likelihood of exposure and adverse effect on the  implementa-
tion of RCRA would be relatively low.   The minor potential for
harm category would be appropriate in this situation.

     B.   Extent of Deviation from Requirement

     The "extent of deviation" from RCRA or its regulatory
requirements relates to the degree to which the violation renders
inoperative  the requirement violated.   In any violative situation,
a range of potential noncorapliance with the subject requirement
exists.  In other words, a violator may be substantially in com-
pliance with the provisions of the requirement  or it  may have
totally disregarded the requirement (or a point in  between).  As
with potential for harm, extent of deviation may be either major,
moderate,  or minor.  In determining the extent  of deviation, the
following definitions should be used:

     °    MAJ_OR    the violator deviates from the requirements of
          the regulation or statute to such an  extent that there is
          substantial noncompliance.
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                              - 9 -


     0    MODERATE  the violator significantly deviates  from
          the requirements of the regulation or statute  but
          some of the requirements are  implemented as  intended.

          MINOR     the violator deviates somewhat from  the
          regulatory or statutory requirements but most  of the
          requirements are met.

     A few examples will help demonstrate how the evaluation
procedure described above is used to select a category:

Example 1 - Closure Plan

     40 CFR §265.112 requires that owners or operators of
treatment, storage, and disposal facilities have a written
closure plan.  This plan must identi.fy  the steps necessary to
completely or partially close the facility at any point  during
its intended operating life and to completely close the  facility
at the end of its intended operating life.  Possible violations
of the requirements of this regulation  range from having no
closure plan at all to having a plan which is somewhat inadequate
(e.g. , failure to include a schedule for final closure, while
complying with the other requirements).  These violations might
be assigned to the "major" and "minor"  categories respectively.
A violation between these extremes might involve failure to
modify a plan for increased decontamination activities as a
result of a spill on-site.

Example 2__^_ Failure _t_o Maintain Adequate Security

     40 CFR §265.14 requires that owners or operators of
treatment, storage and disposal facilities take reasonable care
to keep unauthorized persons from entering the active portion of
a facility where injury could occur.  Generally, a physical bar-
rier must be installed and any access routes conscientiously
controlled.

     The range of potential noncompliance with the security
requirements is quite broad.  In a particular situation, the
violator may prove to have totally failed to supply any  security
systems.  Total noncompliance with regulatory requirements such
as this would result in classification  into the major category.
In contrast, the violation may consist  of a small oversight such
as failing to lock an access route on a single occasion.  Obviously,
the degree of noncorapliance in the latter situation is less signi-
ficant.  With all other factors being equal, the less significant
noncompliance should draw a smaller penalty assessment.  In the
matrix system this is achieved by choosing the minor category.
-------
       c.
                                - LO -
Penalty Assessment Matrix
       Each of the above factors — potential for harm and extent
  of deviation from a requirement--forms one of the axes of the
  penalty assessment matrix.  The matrix has nine cells, each
  containing a penalty range.  The specific cell is chosen after
  determining which category (major,  moderate, or minor) is appro-
  priate for the potential for harm factor, and which category is
  appropriate for the extent of deviation factor.  The complete
  matrix is illustrated below:

                 Extent of Deviation from Requirement
Potential
  for
 Harm

MAJOR
MODERATE
MINOR
MAJOR
$25,000
to
20,000
$10,999
to
8,000
$2,999
to
1 ,500
MODERATE
$19,9°9
to
15,000
$7,999
to
5,000
$1 ,499
to
500
MINOR
$14,999
to
1 1 ,000
$4,999
to
3,000
$499
to
100
       The lowest cell (minor potential for harm/minor extent of
  deviation)  contains a penalty range from $100 to $499.  Provi-
  sion for this low range of penalties has been made because the
  assessment  of low penalties has proven to be an effective com-
  pliance tool.  The highest cell (major potential for harm/major
  extent of deviation) is limited by the maximum statutory penalty
  allowance of $25,000 per day of violation.

       The selection of the exact penalty amount within each cell
  is left to  the discretion of compliance/enforcement personnel in
  any given case.  Compliance/enforcement personnel should be
  careful to  consider the seriousness of the violation only in
  selecting the penalty amount within the range.  The reasons the
  violation was committed, the intent of the violator, and other
  factors related to the violator are not considered at this point;
  they will be considered at the adjustment stage.
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                              -  11  -


 VI.   MULTIPLE  AND MULTI-DAY PENALTIES

      A.    Assessing  Multiple Penalties

      In'certain  situations,  EPA may  -find that a particular firm
 has  violated several RCRA regulations.   A separate penalty should
 be assessed  for  each violation  that  results from an independent
 act  (or  failure  to act)  by the  violator and is substantially
 distinguishable  from any other  charge  in the complaint for which
 a penalty is to  be assessed. A given  charge is independent of,
 and  substantially distinguishable  from, any other charge when it
 requires  an  element  of proof not needed by the others.  In many
 cases, violations of different  sections of the regulations consti-
 tute independent and substantially distinguishable violations.
 For  example, failure to implement  a  groundwater monitoring program,
 40 CFR §265.90,  and  failure to  have  a  written closure plan, 40  CFR
 §265.112, are  violations which  result  from different sets of
 circumstances  and which pose separate  risks.  In the case of a
 firm which has violated both of these  sections of the regulations,
 a separate count should be charged for each violation.  For penalty
 purposes, each of the violations should be assessed separately  and
 the  amounts  totalled.

      It  is also  possible that different violations of the same
 section  of the regulations could constitute independent and sub-
 stantially distinguishable violations.   For example, in the
 case of  a firm which has open containers of hazardous waste in
 its  storage  area, 40 CFR S265.173(a),  and which also ruptured
 different hazardous  waste containers while moving them on site,
 40 CFR §265.173(b),  there are two  independent acts.  The viola-
 tions result from two sets of circumstances (improper storage
 and  improper handling) and pose distinct risks.  In this situa-
 tion, two counts with two separate penalties would be appropriate.
 For  penalty  purposes, each of the  violations should be assessed
 separately and the amounts totalled.

      Multiple  penalties also should  be assessed where one company
 has  violated the same requirement  in substantially different
 locations.  An example of this  type  of violation is failure to
 clean up discharged  hazardous waste  during transportation, 40 CFR
 S263.31.  A transporter who did not  clean up waste discharged in
 two  separate locations during the same trip should be charged with
 two  counts.   In  these situations,  the separate locations present
 separate and distinct risks to public health and the environment.
.Thus, separate penalty assessments are justified.
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                             - 12 -


     In general, multiple penalties are not appropriate where the
violations are not independent or substantially distinguishable.
Where a charge derives from or merely restates another charge, a
separate penalty is not warranted.  If an owner/operator of a
storage facility failed to specify in his waste analysis plan the
parameters for which each hazardous waste will be analyzed, 40 CFR
S265.13(b)(1),  and failed to specify the frequency with which the
initial analysis of the waste will be repeated, 40 CFR §265.l3(b)
(4),  he has violated the requirement that he develop an adequate
waste analysis plan.  The violations result from the same factual
event (failure to develop an adequate plan), and pose one risk
(storing waste improperly due to inadequate analysis).  In this
situation, both sections violated should be cited in the complaint,
but one penalty, rather than two, should be assessed.  The fact
that two separate sections were violated will be taken into account
in choosing higher "potential for harm" and "extent of deviation"
categories on the penalty matrix.

     B.   Assessing Multi-Day Violations

     RCRA provides EPA with the authority to assess civil penalties
of up to $25,000 per violation per day, with each day that non-
compliance continues to be assessed as a separate violation.
Multi-day penalties should generally be calculated in the case of
continuing egregious violations.  However, per day assessment may
be appropriate in other cases.

     In the case of continuing violations, the Agency has the
authority to calculate penalties based on the number of days of
violation since the effective date of the requirement and up to
the date of coming into compliance.  The gravity-based penalty
derived from the penalty matrix should be multiplied by the number
of days of violation.

VII.  EFFECT OF ECONOMIC BENEFIT OF NONCOMPLIANCE

     The new Agency civil penalty policy mandates the consideration
of the economic benefit of noncompliance to a violator when penal-
ties  are assessed.  In accordance with the goals of the Agency
policy, the RCRA Civil Penalty Policy sets forth a system for
calculating the economic benefit of noncompliance with RCRA
requirements.

     An "economic benefit component" should be calculated and
added to the gravity-based penalty when a violation results in
significant economic benefit to the violator.   The following are
examples of regulatory areas which should undergo an economic
benefit analysis:
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                             - 13 -



          0    Groundwater monitoring

          0    Financial requirements

          0    Closure/post-closure

          0    Waste determination

          0    Waste analysis

          0    Clean-up of discharge

          8    Part B submittals

     For many RCRA requirements, the .economic benefit of
noncompliance may be difficult to quantify or relatively insig-
nificant.  Examples of these types of violations are failure
to submit a report or failure to maintain records.  In general,
compliance/enforcement personnel need not calculate the benefit
component where it appears that the amount of that component is
likely to be less than $2,500.  This figure is more appropriate
for the RCRA program than the $10,000 cut-off in the Agency
policy because of the amount of economic benefit associated with
many RCRA violations.

     It is generally the Agency's policy not to settle cases
(i.e.,  the penalty amount) for an amount less than the economic
benefit of noncompliance.  However, the new Agency civil penalty
policy does set out three general areas where settling the total
penalty amount for less than the economic benefit may be appro-
priate.  The RCRA policy has added a fourth exception for cases
where ability to pay is a factor.  The four exceptions are as
follows:

          0    the economic benefit component consists of an
               insignificant amount (i.e., less than $2,500);

          0    there are compelling public concerns that would
               not be served by taking a case to trial;

               it is highly unlikely that EPA will be able to
               recover the economic benefit in litigation;

          0    the company has documented an inability to pay the
               total proposed penalty.

     If a case is settled for less than the economic benefit
component, a justification must be included in the case file.
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                             - 14 -


     A.   Types of Economic Benefit

     Compliance/enforcement personnel should examine two types of
economic benefit from noncompliance in determining the economic
benefit component:

          0    Benefit from delayed costs; and

          0    Benefit from avoided costs.

     Delayed costs are expenditures which have been deferred by
the violator's failure to comply with the requirements.  The
violator eventually will have to spend the money in order to
achieve compliance.  Delayed costs are the equivalent of capital
costs.  Examples of violations which result in savings from
delayed costs are:

          0    Failure to install ground-water monitoring
               equipment;

          0    Failure to submit a Part B permit application;
               and

          0    Failure to develop a waste analysis plan.

     Avoided costs are expenditures which are nullified by the
violator's failure to comply.  These costs will never be incurred.
Avoided costs are the equivalent of operating and maintenance
costs.  Examples of violations which result in savings from avoided
costs are:

          0    Failure to perform annual and semi-annual
               ground-water monitoring sampling and analysis;

          0    Failure to follow the approved closure plan in
               removing waste from a facility, where reremoval
               is not possible;  and

          0    Failure to perform waste analysis before adding
               waste to tanks, waste piles, incinerators, etc.

     B.   Calculation of Economic Benefit

     Because the savings that are derived from delayed costs differ
from those derived from avoided costs,  the economic benefit from
delayed and avoided costs are calculated in a different manner.
For avoided costs,  the economic benefit equals the cost of complying
with the requirement, adjusted to reflect income tax effects on the
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                              - 15 -


company.  For delayed costs, Che economic benefic does not equal
the cost of complying with the requirements, since the violator
will eventually have to spend the money to achieve compliance.
The economic benefit for delayed costs consists of the amount
of interest on the unspent money that reasonably could have
been earned by the violator during noncompliance.  If noncompli-
ance has continued for more than a year, compliance/enforcement
personnel should calculate the economic benefit of both the
delayed and avoided costs for each year.

     The following formula is provided to help calculate the
economic benefit component:

Economic
Benefit  =- Avoided Costs (1-T)  + (Delayed Costs x Interest Rate)

     In the above formula, T represents the firm's marginal tax
rate.  In the absence of specific information regarding the
violator's tax status, compliance/enforcement personnel should
assume that the company's marginal tax rate is 46%, the Federal
corporate tax rate for firms whose before-tax profits are
greater than $100,000.  Thus, compliance/enforcement personnel
should assume that T  -  .46.

     Compliance/enforcement personnel should calculate interest by
using the interest rate charged by the Internal Revenue Service
(IRS) for delinquent accounts.   The IRS interest rates for 1980
through 1984 are as follows:

          2/1/80  -    1/31/82    12%
          2/1/82  -   12/31/82    20%
          1/1/83  -    6/30/83    16%
          7/1/83  -    6/30/84    11%

Interest rates for years other than those listed above are
available from your local IRS office.

     The economic benefit formula provides a reasonable estimate
of the economic benefit of noncompliance.  If a respondent
believes that the economic benefit it derived from noncompliance
differs from the estimated amount, it should present information
documenting its actual savings to compliance/ enforcement person-
nel at the settlement stage.

     See Section X of this document for hypothetical applications
of the economic benefit formula.  The Agency plans to develop
additional guidance on calculating the economic benefit of
noncompliance, including identifying sources of cost information
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                              - 16 -


for various regulatory areas, and providing an Agency methodology
for computing economic benefit.  For this reason, the economic
benefit formula set out in this document  is for  interim use
only.

VIII.  ADJUSTMENT FACTORS AND EFFECT OF SETTLEMENT

     A.   Adjustment Factors

     As mentioned in Section V of this document, the seriousness
of the violation is considered in determining the gravity-based
penalty.  The reasons the violation was committed, the intent of
the violator, and other factors related to the violator are not
considered in choosing the appropriate penalty from the matrix.
However, any system for calculating penalties must have enough
flexibility to make adjustments that reflect legitimate dif-
ferences between similar violations.' RCRA §3008(c) states that
in assessing penalties, EPA must take into account any good
faith efforts to comply with the applicable requirements.  The
new Agency civil penalty policy sets out several other adjust-
ment factors to consider.  These include the degree of willful-
ness and/or negligence, history of noncompliance, ability to
pay, and other unique factors.

     The adjustment factors can increase, decrease or have no
effect on the penalty amount to be paid by the violator.  Note,
however, that no upward adjustment can result in a penalty greater
than the statutory maximum of 325,000 per day of violation.  Adjust-
ment of a penalty may take place before issuing the proposed penalty
in the complaint, or after assessment of the proposed penalty (as
part of the settlement process).  Most factors,  in practice, will
be considered at the settlement stage with the burden of proof for
mitigation on the respondent.  However, penalties may be adjusted
before determining the proposed assessment if the necessary
information is available.  Compliance/enforcement personnel should
use whatever information on the violator (and violation) is avail-
able at the time of initial assessment.  Issuance of a complaint
should not be delayed in order to collect additional adjustment
information.  The history of noncompliance factor should be used
only to increase a penalty; the ability to pay factor should
be used only to decrease a penalty.   Justification for adjustments
must be included in the case file.

     In general, these adjustment factors will apply only to the
gravity-based penalty derived from the matrix, and not to the
economic benefit component if calculated.  (See Section VII of this
document for exceptions.)

     Application of the adjustment factors is cumulative,  i.e.,
more than one factor may apply in a case.  For example, if the
base penalty derived from the matrix is $9,500,  and upward
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                              - 17 -


adjustments of 10% will be made for both history of noncompliance
and degree of willfulness and/or negligence, the total adjusted
penalty would be $11,400 ($9,500 + 20%).

     The following discussion of the factors to consider is
consistent with the new Agency civil penalty policy.  For the
purposes of simplification, the percentage ranges for the adjust-
ment factors in the Agency policy have been altered slightly for
use in the RCRA Civil Penalty Policy.

     At this stage of the RCRA program it is difficult to
determine what types of non-monetary alternatives or alternative
payments would foster the goals of the program.  As compliance/
enforcement personnel gain more experience in enforcing RCRA,
use of these alternatives may prove to be advantageous to the
public interest.  Until such time, these alternatives, as set
forth in the new Agency civil penalty policy, are not an option
under the RCRA Civil Penalty Policy.

          (1)  Good faith efforts to comply/lack of good faith
               (Degree of cooperation/nonce-operation.)

     Under §3008(a) of RCRA, good faith efforts to .comply with
the requirements must be considered in assessing a penalty.
Good faith can be manifested by the violator promptly reporting
its noncompliance.  Assuming such self-reporting is not required
by law, this behavior can result in mitigation of the penalty.
Prompt correction of environmental problems also can constitute
good faith.  Lack of good faith, on the other hand, can result
in an increased penalty.  Compliance/enforcement personnel have
discretion to make adjustments up or down by as much as 25% of
the gravity-based penalty.  Adjustments may be made in the 26%-405S
range of the gravity-based penalty, but only in unusual circum-
stances.  No downward adjustment should be made if the good
faith efforts to comply primarily consist of coming into
compliance.

          (2)  Degree of willfulness and/or negligence

     Section 3008(d) of RCRA provides for criminal penalties
for "knowing" violations.  However, there may be instances of
culpability which do not meet the criteria for criminal action'.
In cases where administrative civil penalties are sought for
actions of this type, the penalty may be adjusted upward for
willfulness and/or negligence.  Conversely, although RCRA is a
strict liability statute, there may be instances where penalty
mitigation may be justified based on the lack of willfulness
and/or negligence.
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                              - 18 -


     In assessing the degree of willfulness and/or negligence,
the following factors should be considered, as well as any others
deemed apropriate.-

          0    how much control the violator had over the events
               constituting the violation;

          0    the forseeability of the events constituting the
               violation;

          0    whether the violator took reasonable precautions
               against the events constituting the violation;

          0    whether the violator knew or should have known of
               the hazards associated with the conduct;

          0    whether the violator knew of the legal requirement
               which was violated.

     It should be noted that this last factor, lack of knowledge
of the legal requirement, should never be used as a basis to
reduce the penalty.  To do so would encourage ignorance of the
law.  Rather, knowledge of the law should serve only to enhance
the penalty.

     The amount of control which the violator had over how quickly
the violation was remedied also is relevant in certain circum-
stances.  Specifically, if correction of the environmental problem
was delayed by factors which the violator can clearly show were
not reasonably foreseeable and out of his control, the penalty
may be reduced.

     Subject to the above guidance, compliance/enforcement
personnel have discretion in all cases to make adjustments up or
down by as much as 25% of the gravity-based penalty.  Adjustments
in the 26-40% range may be made,  but only in unusual circumstances.

          (3)  History of noncompliance (upward adjustment only)

     Where a party previously has violated RCRA or State hazardous
waste law at the same or a different site, this is usually clear
evidence that the party was not deterred by the previous enforce-
ment response.  Unless the previous violation was caused by
factors entirely out of the control of the violator, this is an
indication that the penalty should be adjusted upwards.

     Some of the factors the compliance/enforcement personnel
should consider are the following:
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                              - 19 -


               how similar the previous violation was;

               how recent the previous violation was;

          0    the number of previous violations;

          0    violator's response to previous violation(s)
               in regard to correction of problem.

     A violation generally should be considered "similar" if the
Agency's or State's previous enforcement response should have
alerted the party to a particular type of compliance problem.  A
prior violation of the same or a different RCRA or State requirement
would constitute a similar violation.

     For purposes of the section, a "prior violation" includes
any act or omission for which a formal enforcement response has
occurred (e.g.,  EPA or State notice of violation, warning letter,
complaint, consent agreement, final order, or consent decree).
It also includes any act or omission for which the violator has
previously been given written notification, however informal,
that the Agency believes a violation exists.

     In the case of large corporations with many divisions or
wholly-owned subsidiaries, it is sometimes difficult to deter-
mine whether a previous instance of noncompliance should trigger
the adjustments described in this section.  New ownership often
raises similar problems.  In making this determination, compliance/
enforcement personnel should ascertain who in the organization had
control and oversight responsibility for compliance with RCRA or
other environmental laws.  In those cases the violation will be
considered part of the compliance history of that regulated party.

     In general, compliance/enforcement personnel should begin
with the assumption that if the same corporation was involved, the
adjustments for history of noncompliance should apply.  In addi-
tion, compliance/enforcement personnel should be wary of a party
changing operators or shifting responsibility for compliance to
different persons or entities as a way of avoiding increased
penalties.  The Agency may find a consistent pattern of noncom-
pliance by many divisions or subsidiaries of a corporation even
though the facilities are at different geographic locations.
This often reflects, at best, a corporate-wide indifference to
environmental protection.  Consequently, the adjustment for
history of noncompliance probably should apply unless the violator
can demonstrate that the other violating corporate facilities are
independent.

     Subject to the above guidance, compliance/enforcement
personnel have discretion to make upward adjustments by as much
as 25% of the gravity-based penalty.  Adjustments for this factor
in the 26-40% range may be made, but only in unusual circumstances.
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                              - 20 -


          (4)  Ability to pay (downward adjustment only)

     The Agency generally will not request penalties that are
clearly beyond the means of the violator.  Therefore EPA should
consider the ability of a violator to pay a penalty.  At the
same time, it is important that the regulated community not see
the violation of environmental requirements as a way of aiding a
financially troubled business.  EPA reserves the option, in
appropriate circumstances, to seek penalties that might put a
company out of business.  It is unlikely, for example, that EPA
would reduce a penalty where a facility refuses to correct a
serious violation.  The same could be said for a violator with a
long history of previous violations.  That long history would
demonstrate that less severe measures are ineffective.

     The burden to demonstrate inability to pay rests on the
respondent,  as it does with any mitigating circumstances.  Thus,
a company's inability to pay usually will be considered at the
settlement stage, and then only if the issue is raised by the
respondent.   If the respondent fails to provide sufficient infor-
mation, then compliance/enforcement personnel should disregard
this factor in adjusting the penalty.  The National Enforcement
Investigations Center (NEIC) has developed the capability to
assist the Regions in determining a firm's ability to pay.

     When it is determined that a violator cannot afford the
penalty prescribed by this policy, or that payment of all or a
portion of the penalty will preclude the violator from achieving
compliance or from carrying out remedial measures which the
Agency deems to be more important than the deterrence effect of
the penalty (e.g., payment of penalty would preclude proper
closure/post-closure),  the following options may be considered:

          0     Consider a delayed payment schedule.  Such a
               schedule might even be contingent upon an increase
               in sales or some other indicator of improved
               business.

          0     Consider an installment payment plan with interest.

          0     Consider straight penalty reductions as a last
               recourse.

     The amount of any downward adjustment of the penalty is
dependent on the individual financial facts of the case.

          (5)  Other unique factors

     This policy allows an adjustment for unanticipated factors
which may arise on a case-by-case basis.  Compliance/ enforcement
personnel have discretion to make adjustments by as much as 25% of
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                              - 21 -


the gravity-based penalty for such reasons.  Adjustments for
these factors in the 26-40% range may be made, but only in.unusual
circumstances.

     B.   Effect of Settlement

     The Consolidated Rules of Practice for the assessment of
civil penalties incorporates the Agency policy of encouraging
settlement of a proceeding at any time as long as the settlement
is consistent with the provisions and objectives of RCRA and its
regulations, 40 CFR §22.18(a).  If the respondent believes that
it is not liable or that the circumstances of its case justify
mitigation of the penalty proposed in the complaint, the Rules
of Practice allow it to request a settlement conference.

     In many cases, the fact of a violation will be less of an
issue than the amount of the penalty assessed.  The burden always
is on the violator to justify any mitigation of the assessed
penalty.  The mitigation, if any, of the penalty assessed in the
complaint should follow the guidelines in the Adjustment Factors
section of this document.  The consent agreement must include a
general statement of the reasons for mitigating the proposed
penalty.  Specific percentage reductions for individual factors
need not be included.
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                             - 22 -

                      IX.  APPENDIX

              PENALTY COMPUTATION WORKSHEET
Company Name:
Regulation Violated
Asessments for each violation should be determined
on separate worksheets and totalled.

     (If more space is needed, attach separate sheet.)

       Part I  -  Seriousness of Violation Penalty

1. Potential for Harm:             	'	

2. Extent of Deviation:            	

3. Matrix Cell Range:               	

      Penalty Amount Chosen:       	
      Justification for Penalty
        Amount Chosen:

4. Per-Day Assessment:
           Part II - Penalty Adjustments

                       Percentage Change*   Dollar Amount
1. Good faith efforts
     to comply/lack of
     good faith:

2. Degree of willfulness
     and/or negligence:

3. History of
     noncompliance:

4. Other unique factors:

5. Justification for
     Adjustments:
* Percentage adjustments are applied to the dollar
  amount calculated on line 4,  Part I.	
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                            - 23 -

            PENALTY COMPUTATION WORKSHEET (cont.)
 6.  Adjusted Per-day
      Penalty (Line 4,
      Part I + Lines
      1-4, Part II):

 7.  Number of Days of
      Violation:

 8.  Multi-day Penalty
     (Number of days x
     Line 6, Part II):

 9.  Economic Benefit of
      Noncompliance:

      Justification:
10. Total (Lines 8+9, Part II)

11. Ability to Pay Adjustment:

      Justification for
      Adjustment:
12. Total Penalty Amount
      (must not exceed $25,000
      per day of violation):
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                              - 24 -


    X.   HYPOTHETICAL APPLICATIONS OF THE PENALTY POLICY

(1)(A)  Violation:   By notification dated August 15,  1980,  Company
       A informed  EPA that it conducts activities at its facility
       involving hazardous waste.  In its notification, Company A
       indicated that it only generated hazardous waste.  A 1983
       inspection  revealed that Company A was also storing
       hazardous waste,  and had been since 1979.  Company A had
       not filed a Part  A Permit Application and was thus  operating
       without a permit  or interim status, in violation of §3005
       of RCRA.  In addition, Company A was in violation of §3010
       of RCRA by  failing to notify EPA that it was  storing
       hazardous waste.   Failure to notify and operating without a
       pemit or interim  status constitute independent and substan-
       tially distinguishable violations.  Each violation should
       be assessed separately and the amounts totalled.  The
       inspectors  indicated that Company A's storage area was
       secure and  that,  in general, the facility was well managed.
       However, there were a number of violations of the interim
       status standards.  The complaint issued to Company A
       assessed penalties for the Part 265 violations as well as
       the statutory violations.  This example will  discuss the
       §3005 and §3010 violations only.

   (B)  Seriousness:   (i) Failure to Notify: Potential for Harm.
       Moderate -  EPA was prevented from knowing that hazardous
       waste was being stored at the facility.  However, because
       Company A notified EPA that it was a generator,  EPA did
       know that hazardous waste was handled at the  facility.
       The violation may have a significant adverse  effect on the
       statutory purposes or procedures for implementing the RCRA
       program. Extent  of Deviation.  Moderate - although
       Company A did not notify EPA that it stored hazardous waste,
       it did notify the Agency that is was a generator.  Company A
       significantly deviated from the requirement,  but part of
       the requirement was implemented as intended.   (ii)  Operating
       without a permit.  Potential for Harm.  Moderate -  although
       Company A was operating without a permit or interim status,
       its facility generally was well managed.  However,  there
       were a number of  Part 265 violations.  This situation may
       pose a significant likelihood of exposure which may have a
       significant adverse effect on the statutory purposes for
       implementing the  RCRA program.  Extent of Deviation.
       Major - substantial noncompliance with the requirement
       because Company A did not notify EPA that it  stored
       hazardous waste,  and did not submit a Part A.
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                               - 25 -


   (C)  Gravity-based Penalty:  (i)  Failure to notify.   Moderate
       potential for harm and  moderate extent of deviation lead
       one to the cell with the range of $5,000 to $7,999.  The
       mid-point is $6,500.  (ii)  Operating without a permit.
       Moderate potential for  harm and major extent of deviation
       lead one to the cell with the range of $8,000  to $10,999.
       The midpoint is $9,500.  (iii) Total penalty:  $6,500 +
       $9,500 - $16,000.

   (D)  Settlement adjustment:   Company A raised and documented
       that it had cash flow problems.  It did not convince EPA
       that the penalty should be  mitigated.  An installment plan
       was accepted by both parties as a means of payment.  Penalty
       remained at $16,000.

(2)(A)  Violation:  Company B failed to -prevent unknowing entry of
       persons onto, the active portion of its surface impoundment
       facility.  The fence surrounding the area had  several holes.
       40 CFR 5265.14.

   (B)  Seriousness:  Potential for Harm.  Major - some children
       already have entered the area;potential for harm due to
       exposure to waste may be substantial because of the lack of
       adequate security around the site.  Extent of  Deviation.
       Moderate - there is a fence, but it has holes.Significant
       degree of deviation, but part of the requirement was imple-
       mented.

   (C)  Gravity-based Penalty:   Major potential for harm and
       moderate extent of deviation yield the penalty range of
       $15,000 to $19,999.  The midpoint is $17,500.

   (D)  Pre-complaint Adjustment:  During the inspection of the
       facility, EPA discovered that the operator of  Company B
       had been made aware of  the  above occurrence more than
       three months earlier, but had failed to repair the fence
       or increase security in that area.  The penalty is
       adjusted upwards 251 for willfulness and/or negligence.
       $17,500 + $4,375 - $21,875. [Penalty calculation using
       the Penalty Computation Worksheet follows this hypothetical.]

   (E)  Settlement Adjustment:   Company B gave evidence at
       settlement of labor problems with security officers and
       reordering and delivery delays for a new fence.  Company
       B was very cooperative  and  stated that a new fence
       had been installed after issuance of the complaint and  that
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                      - 26 -
security would be provided for by another company in the
near future.  Even though the company was very cooperative
its actions were only those required under the regulations
No justification for mitigation for good faith efforts to
comply exists.  No change in $21,875 penalty.
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                           - 27 -

              PENALTY COMPUTATION WORKSHEET
Company Name :
Regulation Violated
Asessments for each violation should be determined
on separate worksheets and totalled.
     (If more space is needed, attach separate sheet.)
       Part I  -  Seriousness of Violation Penalty
1 . Potential for Harm-.
                                   — .
2. Extent of Deviation:
3. Matrix Cell Range-.              ^ \G"OOG-
      Penalty Amount Chosen-.       _ gn,
      Justification for Penalty
        Amount Chosen:
4. Per-Day Assessment:
           Part II - Penalty Adjustments
                       Percentage Change*   Dollar Amount
1. Good faith efforts
     to comply/lack of
     good faith:
2. Degree of willfulness
     and/or negligence:
   History of                 ^
     noncompliance:
4. Other unique factors:
5. Justification for
     Adjustments:
* Percentage adjustments are applied to the dollar
  amount calculated on line 4, Part I.	
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                            - 28 -


            PENALTY COMPUTATION WORKSHEET (cone.)
 6. Adjusted Per-day
      Penalty (Line 4,
      Part I + Lines
      1-4, Part II) .-

 7. Number of Days of
      Violation:

 8. Multi-day Penalty
     (Number of days x
     Line 6, Part II):

 9. Economic Benefit of
      Noncompliance:

      Justification:
10. Total (Lines 8-1-9, Part II)

11. Ability to Pay Adjustment:

      Justification for
      Adjustment:
12.  Total Penalty Amount
      (must not exceed $25,000
      per day of violation) :
                                                  ., / *
                                                  r* / n
-------
                             -  29  -


(3)(A)  Violation:   A 1984 inspection of Company C's land disposal
       facility revealed that Company C had failed to implement a
       ground-water monitoring  system by November 1981  as required
       under 40 CFR §265.90.   The  facility had taken no steps to
       implement a system:   it  failed to install monitoring wells
       (§265.91),  and to obtain and  analyze samples (§265.92);  no
       outline of a ground-water quality assessment program had
       been prepared (§265.93);  and  no records were kept nor
       reports submitted to the Agency (§265.94).  All  of the
       violations  arise from  the same set of circumstances.
       Because Company C did  not install wells, no sampling and
       analysis could occur.  Without sampling and analysis,
       Company C did not have information with which to prepare a
       quality assessment program  outline,  keep records, or submit
       reports to the Agency.  Therefore, the violations are not
       independent and substantially -distinguishable in this
       situation.   [See:  Assessing  Multiple Penalties].  A single,
       penalty assessment is  appropriate, with each section of the
       regulations that was violated cited in the complaint.

   (B)  Seriousness:  Potential  for Harm.  Major - the violation
       could pose a substantial likelihood of exposure  and could
       have a substantial adverse  effect on the purposes for
       implementing the RCRA  program.  Extent of Deviation.  Major -
       none of the requirements were implemented asintended.

   (C)  Gravity-based Penalty:  Major potential for harm and major
       extent of deviation yield the cell with the penalty range
       of 320,000  to $25,000.  The mid-point is $22,500.

   (D)  Economic Benefit of Noncompliance-.  Ground-water monitoring
       has been identified as an area for which an economic benefic
       component may be significant.  The following estimates of
       the costs of complying with the ground-water monitoring
       requirements are taken from a January 1982 report prepared
       for EPA by Geraghty &  Miller, Inc.,  entitled, Development
       of Ground-Water Monitoring  Requirements and Costs for
       Current RCRA Regulatory  Requirements, Contract No. 68-01-5838

                        First Year Costs

       Cost of ground-water quality  assessment         $2,000
       plan outline and ground-water sampling
       and analysis plan (COP)

       Cost of wells (COW), 1 upgradient and 3         $9,000
       downgradient

       Cost of sampling (COS)                          $1 ,640
-------
                            - 30 -


      Cost of analysis (COA)                         $11,360

      Cost of report (COR), report for                $3,200
      determining system needs, not report
      required under §265.94

      TOTAL                                          $27,200

                      Second Year Costs

      Cost of sampling and cost of analysis           $1,900
      (COS, COA), assuming no contamination
      found

      Assumptions:   geology is unconsolidated material;  hollow-
      stem auger drilling; PVC construction material; ground-
      water sampling by hand bailing;  wells dug 50 ft. deep;
      estimated costs remained constant over time.

      COP, COW, COR, and first year COS and COA are delayed costs.
      Company C eventually will make these expenditures in order
      to achieve compliance.  Second year and subsequent COS and
      COA are avoided costs.  Company C has permanently avoided
      incurring these costs.

      Calculation of Economic Benefit Component

      For each year of noncompliance (1981-1984),  the economic
      benefit component should be calculated using the formula
      set out in Section VII:

Economic
Benefit  =  Avoided Costs (1-T) + (Delayed Costs x Interest Rate)

      1981:  By November 1981,  Company C was required to implement
             its ground-water monitoring system by installing
             wells, obtaining and analyzing samples at least
             quarterly,  and preparing a quality assessment program
             outline.

             Delayed costs = $27,200
             Avoided costs = $0
             IRS interest rate = 12%
             Assume T = .46

             Economic Benefit = SO + ($27,200 x 12%)
                              = $3,264
-------
                             - 31  -


       1982:   Company C still had  not implemented its ground-
              water monitoring system.   In addition,  it had not
              obtained and analyzed  samples at least  annually or
              semi-annually,  depending  on the indicator parameter.

              Delayed costs = $27,200
              Avoided costs = SI ,900
              IRS  interest rate =  20%
              Assume T = .46

              Economic Benefit = $1,900 (1-.46)  + ($27,200 x 20%)
                               = $6,466

       1983:   Company C still had  not implemented its ground-
              water monitoring system.   In addition,  it had not
              obtained and analyzed  samples at least  annually or
              semi-annually,  depending  on the indicator parameter.

              Delayed costs = $27,200
              Avoided costs = $1 ,900
              IRS  interest rate =  13.5% (the average  of 16% and 11%)
              Assume T = .46

              Economic Benefit = $1,900 (1-.46)  + ($27,200 x 13.5%)
                               = $4,698

       Total  Economic Benefit = $3,264  + $6,466  + $4,698
                              = $14,428

       Penalty proposed in complaint =  gravity-based  penalty +
                                       economic  benefit component
                                     =  $22,500 + $14,428
                                     =  $36,928

       Because noncompliance continued  over a three year period,
       the proposed penalty does not exceed $25,000 per day of
       violation.

   (E)  Settlement  Adjustment:  Company  C did not request a
       settlement  conference but did comply with the  Compliance
       Order  and paid the proposed penalty.

(4)(A)  Violation:   Pursuant to §3007(a) of RCRA,  EPA  sent a
       letter to Company D requesting that it furnish informa-
       tion relating to hazardous  waste.  Specifically, five
       separate records were requested.  The letter required a
       response to EPA within 14 calendar days of Company D's
       receipt of  the letter.  One month after Company D
       received EPA's information  request, it submitted three
       of the five documents requested.  EPA sent a second
       letter requesting the two remaining documents.  Company
       D failed to respond to the  request.
-------
                            - 32 -


   (B)  Seriousness:   Potential for Harm.  Moderate - Based on
       the nature of the information requested, EPA determined
       that Company D's failure to submit information relating
       to. hazardous waste to EPA as requested may have a signi-
       ficant adverse effect on the purposes and procedures
       for implementing the RCRA program.  Extent of Deviation.
       Moderate - Company D did submit some of the information
       requested.  It significantly deviated from the require-
       ment,  but part of the requirement was implemented as
       intended.

   (C)  Gravity-based Penalty:  Moderate - potential for harm
       and moderate extent of deviation yield the penalty range
       of 55, 000 to $7,999.  The midpoint is $6,500.

   (D)  Pre-Assessment Adjustments -  On two previous occasions
       at different facilities, Company D failed to respond
       completely to §3007 requests for different information.
       In those cases,  EPA issued administrative complaints with
       proposed penalties of $6,500 and $8,125 respectively.
       Both cases resulted in Consent Agreements and Final
       Orders which were entered into before EPA requested the
       information in the present case.  The penalty is adjusted
       upwards 50% for history of noncompliance. .$6,500 +
       $3,250 = $9,750.  Compliance/enforcement personnel
       determined that the penalties assessed in the previous
       cases  had failed to deter Company D from repeated
       noncompliance with RCRA.  For this reason,  a multi-day
       penalty of $9,750 per day from the date the information
       was due to EPA was assessed.

   (E)  Settlement Adjustment:  Company D failed to convince EPA
       that any penalty mitigation was justified.   Settlement
       negotiations  broke down and the case went to an
       administrative hearing.

(5)(A)  Violation:  Company E's Part B Permit Application was called
       in by  EPA in 1983.  Company E,  a land disposal facility,
       failed to submit its Part B by the date specified when the
       application was  called-in.  EPA issued a Notice of -Deficiency
       requiring submission of a complete Part B within 30 days.
       EPA also issued  a warning letter stating that failure to
       submit a complete Part B application is a violation of
       40 CFR §270.10(a) which may result in the assessment of
       civil  penalties  and the initiation of procedures to termi-
       nate the facility's interim status.  Company E sent EPA a
       one-page response several weeks after the date stipulated
       in the Notice of Deficiency.  The response  was seriously
       incomplete.  Thus, Company E failed to submit a complete
       Part B in violation of 40 CFR S270.10(a).
-------
                              - 33 -


  (B) Seriousness:  Potential for Harm.  Moderate - inspections of
      Company E's facility have revealed a generally well-managed
      operation.  However, failure to carry out the applicable
      requirements of 40 CFR §270.14-270.29 could pose a significant
      likelihood of exposure in this situation.  The violation could
      have a significant adverse effect on the procedures for
      implementing the RCRA program.  Extent of Deviation.  Major -
      Part B application was seriously incomplete.

  (C) Gravity-bas"ed Penalty:  Moderate potential for harm and
      major extent of deviation lead one to the cell with the
      range -of $8,000 to $10,999.  The mid-point is $9,500.

  (D) Economic Benefit of Noncompliance:   Failure to submit or
      submittal of an incomplete Part B application has been
      identified as an area for which an economic benefit component
      may be significant.  In a document prepared by EPA's Office
      of Solid Waste requesting clearance from the Office of
      Management and Budget to call in Part B applications, it was
      estimated that the cost of preparing a Part B for a land
      disposal facility was approximately $150,000.  The document,
      entitled, FY 1984 Burden Hours for RCRA Land Disposal
      Permitting Standards is dated November 18,1983.

      The economic benefit component should be calculated using
      the formula set out in Section VII:

Economic
Benefit  =  Avoided Costs (1-T) + (Delayed Costs x Interest Rate)

      Failure to submit a complete Part B is a delayed cost.
      Company E eventually will spend the money in order to
      achieve compliance.  No avoided costs are associated with
      this violation.  The economic benefit should be calculated
      for a one year period.  The IRS interest rate for 1983 is
      13.5% (the average of 16% and 11%).

      Economic Benefit = $0 + ($150,000 x 13.5%)
                       = $20,250

      Penalty proposed in complaint = gravity-based penalty +
                                      economic benefit component
                                    = $9,500 + $20,250
                                    = $29,750

      Because noncompliance continued over a period of several
      months, the proposed penalty does not exceed $25,000 per
      day of violation.
-------
                            -  34 -
(E)  Settlement Adjustment:   At the settlement conference,
    Company E raised and documented that it was in a poor
    financial state and would be unable to pay the full penalty.
    Company E also told the Agency that it intended to cease
    handling hazardous waste.  Because of the company's
    inability to pay,  and because of the Agency's desire that
    Company E put what money it has into proper closure and
    post-closure care  at its facility,  the penalty was reduced
    to 35,000. . A Compliance Order was issued putting Company E
    on a schedule for  closing its facility in accordance with
    its approved closure plan.
-------
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-------
                  INTERIM MEASURES
  CONTAINERS
      • Overpack/Re-drum
      • Construct Storage Area/Move to Storage Area
      • Segregation
      • Sampling and Analysis
      • Treatment, Storage and/or Disposal
      • Temporary Cover

TANKS

      • Overflow/Secondary Containment
      • Leak Detection/Repair/Partial or Complete Removal

SURFACE IMPOUNDMENTS

      • Reduce Head
      • Remove Free Liquids and or Highly Mobile Wastes
      • Stabilize/Repair Side Walls, Dikes or Liner(s)
      • Temporary Cover
      • Run-off/Run-on Control (Diversion of Collection Devices)
      • Sample and Analysis to Document the Concentration of
       Constituents  Left in Place When a Surface Impoundment
       Handling Characteristic Wastes is Clean Closed
      • Interim Ground-water Measures (See Ground-water Section)

LANDFILL

      • Run-off/Run-on Control (Diversion or Collection Devices)
      • Reduce Head on Liner and/or in Leachate Collection System
      • Inspect Leachate Collection/Removal System or French Drain
      • Repair Leachate Collection/Removal System or French Drain
      • Temporary Cap
      • Waste Removal (See Soils Section)
      • Interim Ground-water Measures (See Ground-water Section)
WASTE PILE

      • Run-off/Run-on Control  (Diversion of Collection Devices)
      • Temporary Cover
      • Waste Removal (See Soils Section)
      • Interim Ground-water Measures (See Ground-water Section)
-------
SOILS
      • Sampling/Analysis/Disposal
      • Run-off/Run-on Control (Diversion or Collection Devices)
      • Temporary Cap/Cover

GROUND WATER

      • Delineation/Verification of Gross Contamination
      • Sampling and Analysis
      • Interceptor Trench/Sump/Subsurface Drain
      • Pump and Treat/ln-situ Treatment
      • Temporary Cap/Cover

SURFACE WATER RELEASE (Point and Non-point)

      • Overflow/Underflow Dams
      • Filter Fences
      • Run-off/run-on Control (Diversion or Collection Devices)
      • Regrading/Revegetation
      • Sample and Analyze Surface Waters and Sediments or Point
       Source Discharges

GAS MIGRATION CONTROL

      • Barriers/Collection/Treatment/Monitoring

PARTICULATE EMISSIONS

      • Truck Wash (Decontamination Unit)
      • Re-vegetation
      • Application of Dust Supressant

OTHER TYPES OF ACTIONS

      • Fencing to Prevent Direct Contact
      • Extend Contamination Studies to Off-site Areas if Permission is
       Obtained as Required Under Section §3004(v)
      • Alternate Water Supply to Replace Contaminated Drinking Water
      • Temporary Relocation of Exposed Population
      • Temporary or Permanent Injunction
      • Suspend or Revoke Authorization to Operate Under Interim
       Status
-------
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                               WASHINGTON, D C  20460
                                 JAN  2 4 ISS6
MEMORANDUM
                                                                       • ; <= ICE ^ r
                                                            SOLID WASTE ANO EMERGENCV RESPONSE
SUBJECT:  Request for Garments on a Draft Corrective Action
          Interim Measures
FROM:     Lloyd Guerci, Director
          RCRA Enforcement Division, OWPE  (WH-527)

          Bruce Weddle, Dirc-cLot; ' ~>****-*-   f-
          Permit & State Program Division, OSW  (WH-563)

TO:       RCRA Branch Chiefs, Regions I-X
          Regional Counsels, Regions I-X
     On December 10, 1985, the RCRA Enforcement Division  transmitted
to you a copy of a draft §3008(h) Corrective Action Model Order
developed at Headquarters and asked for /cur ccrrr«e-.LS jy  December  20,
1985.  Today we are transmitting one of tne companion documents
which was also noted in the Decemoer 10 trai.ST.ittsi.

     The document is tentatively titled Corrective Action Interim  Measures  and
is designed to provide a review of response actions available  under
§3008(h) as well as permits to quickly address problems while  other detailed
investigations or analyses are ongoing.  Interim measures should be designed
and implemented as an initial remedial activity in a multi-phased  order or
as the action in the first of a series of orders which feed  into an operating
permit, post-closure permit or interim status closure plan.

     You will note that this document does not address the questions of
trigger levels for corrective action or levels of clean-up to  be achieved.
We solicit your comments on these two key subjects.  To date we at Headquarters
have seen a wide" variety of proposed requirements in Corrective Action Orders
and Referrals.  Clean-up levels have ranged from background,  to a  specified
percentage reduction in total volatile organics, to the establishment
of ACLs, to no specif-Led clean-up levels.  Activities have ranged  from
sweeping contaminated floors or parking lots to excavation of  solid waste
management units.  Several actions have called for soil sampling and
sediment/surface water sampling from point source and non-point source
discharges.
-------
     We request that staff from both enforcement and permitting develop a
coordinated set of cerements from the Regional program offices.  To allow for
an expedited turnaround for the final document, we are requesting that you
submit your comments to each of us within two weeks,  in the interim, Regions
are encouraged to continue to develop both administrative orders and judicial
referrals ur.der the new corrective action authority and co proceed witn
corrective action activities, includioc preliminary assessments or site
investigations.

attachments

cc:  RCRA Section Chiefs
-------
                               DRAFT
                               JAN 24 ISS6
RCRA  §300
h)  CORRECTIVE  ACTEOM
                '•' M " \ •= '• R F; S
-------
         STRATEGY



      — •• -  r. ' r.c- ?.\': i ",M  OF



     INTERIM  MEASURES
CORRECTIVE ACTION ORDERS
-------
                   Interir.i Measures Strategy

Background

     Section 3008(h) gives E?\ authority to  issue  Administrative
Orders or seek judicial relief requiring corrective  action or
such Jther cej.por,3e measure-3 deemed r-jjassar/ to protect  human
health or the environment, based on information that a  release
has or is occurring into the envi ror.ne-.c from a facility.  This
authority provides for the broad applicability of  corrective
actions and response measures.

     Extensive and time consuming investigations may be  required
to develop a comprehensive corrective action plan  (RI equivalent)
for a facility.  During this period the release could continue
unabated which would allow the spread of contamination  or  the
continuance of conditions that may endanger  or impact human health
or the environment.  Therefore, interim measures pursuant  to
corrective action orders or Demits, should  be considered  and
where appropriate directed.


Implementation Strategy

1.  OV-JPE ^riQ) wij.1 review ex^ 3 c in_j i.. _;
-------
      health or the environment, a comprehensive and sometimes
      expensive interim me'asure (e.g. pump and treat) might not
      be necessary or appropriate.  Interim measures should be
      consistent with and integrated irto •=.ny l^nc t3rm remedy  (e.g.
      an operating permit, post-closure permit or interim status
      closure) to the maximum >.* \tent ^ossible.


Types of Interim Measures


     Corrective action orders should incorporate actions  (interim
measures) necessary to protect human health or the environment.
Interim measures are actions that should be taken to prevent releases
or additional contamination, prevent or reduce the further spread
of contamination, and reduce, abate or remove the exposure threat
presented by releases.  During a selection of an interim measure,
Regions should consider the magnitude of the potential threat to
human health or the environment.  The Agency's authority to seek
relief by ordering an owner/operator to perform specified activities
is directly correlated to the protection of human health and the
environment standard.  Therefore, if the threat is minimal or the
risk has yet to be aetormineu, simple monitoring of ground water,
sur^Tce water, soil c - ^.i" ^r.v ",e the tyr:es of acti-in-s orierod.
For example, if a release co ground wacer is minimal ana  cne
aquifer is not used L\ the n'^-rly population, a program to pump
and treat may not be appropriate.  If the cnreat is greater or  as
more information becon-3^ available through initial or additional
sampling and analysis, more serious actions should be contemplated
either by incorporating actions into a single "phased" order or
by issuing separate orders.

     Attached is a list of some possible interim measures.  It
was compiled from removal actions and past CERCLA remedial
guidance.
-------
DtiCI.-JIO.M CRIT£kiA
-------
Decision Criteria


     Regional staff must  rj/irw  the  pertinent  facts  about tKe
source and nature of the  re L:\-V3  :>r  threat  of  release  mi h ( ;.?a on
the magnitude of the potential chreat  to  human  health  and environment,
decide if interim leisures  ire a:i ?r oo.'i "ite .

     To de tarmi r.e when  3  ooti'itiil  threat to  human  healtn or  the
environment exis'ts as a result of a  release,  the  enforcement  official/
permit writer, should consider factors  such as  site  location,  type of
release and its scooe.  The  followinn  questions may  help  the  Regional
staff in determining these  factors.

1.  What is the location  (e.g.,  residential area,  schools, hospitals,

    near vital ecology  or protected  natural resource)?

2.  Is the release widespread and/or migrating  rapidly?

       (a)  What factors  could decrease or  intensify the  extent

            of contamination?

       (?) How is L r_ s:u - :  . -     I '  .-. >.~.  iir-'Ction".   \ t v^ :':  •:-. t-,?

3.  Whit type of wastes oc  cc is -. i t>ienc 5 are  ^resent

    (e.g., volatile organics,  "5t.-als,  etc)?

       (a)  What are the  charTC. 3ristics  (ignitab le , reactive,

            corrosive,  biohazard,  radioactive,  etc.) of the waste?

       (b)  What is the background  level  of each  waste or constituent?

4.  What are  the estimated  quantities  released?

5.  What are  the known  effects of  human exposure  (short- and  long-term

    effects)?

6.  Has human exposure  actually  occurred?

      (a) What kind (e.g.,  inhalation, ingestion, skin contact)?

      (b) What is or will be the exposure pathway (e.g., air,

          drinking water,  food)?

      (c) Are  there reports of  illness, injury,  death?

      (d) How many people are  or will  be  affected?
-------
 7.   Is  human exposure imminent?



        (a)  What kind (e.g.,  inhalation,  invest ion,  skin contact)?



        (b)  What is  or will  be  the  exposure pathway  (e.g.,  air,



            drinki.no water,  fooc. i?



        (c)  When is  it Likely to occur?



 8.   What are the characteristics  of the  exposed oopulat ion(s)



     (how many,  infants,  nursing home residents)?



 9.   Has there been  an evironmental impact?



        (a)  What evironmental attributes  have been impacted(e .q.,



            ground water,  air,  surface water)?



        (b)  What are the  kno.-/n  short-tjrm and long-term effects



            on the evironment of the released waste  or constituent?



        (c)  What natural  resource  effects have occurred/been



            demonstrated  (e.g., fish kills)?



        (d)  What are the  known  ecological effects?



10.   Is  there a  threat to  the environment?



        (a)  When is  this  threat likely to materialize (days,  weeks,



            months)?



        (b)  What are the  projected  effects?



11.   If  response is  delayed,  how will the situation  deteriorate?
-------
MEASURES
-------
                       INTERIM MEASURES
Cor cainers
     a)
     b)
     C )
     d)
     e)
     f)
Overpac'
-------
Ground Water

     a)  Sampling and analysis
     b)  Delineation of plume
     c)  Interceotor trench/ sumc/french drain
     d )  ? u •" n and i r -? a c,' i n - s i c u
     e)  Cut-off .alls (slurry :
     f)  Iriti:te -J .'elopnent if

Surface Water Release
a)
b)
c)
d)
e)
f )
Overflow/underflow dans
"liter fences
Runoff/run on control (divers
Regrading/revegetat ion
Cover with geotextile
Sample and analyze surface wa


ion or collection devices)


ters and sediments
Tanks
     a)  Leak or cracks detection/ reoair
     b)  Relining
     c)  Partial or complete removal
     d)  Pipeline removal or replac
     e)  Secondary containment
Gas "ir;rati:n C
     a )   Pipe v 3 n c 3
     b)   Trench vents
     c)   Gas barriers
     d)   Gas collection system
     e)   Gas treatment system
     f)   Gas recovery
Particulate Emissions

     a)  Truck wash (decontamination unit)
     b)  Re-vegetation
     c)  Application of dust supressent
Other Types of Actions

     a)  Fencing to prevent direct contact
     b)  Alternate water supply to replace contaminated
         drinking water
     c)  Temporary relocation of people
     d)  Extent of contamination studies into off-site areas
         if permission is obtained as required under Section  §3004(vi
     e)  Other actions necessary to protect human health
         or the environment
-------
INTERIM MEASURES  LANGUAGE




      TO INCLUDE  IN




 CORRECTIVE ACTION ORDERS
-------
                          CONTAINERS








(1)   Within 	 days,  sub-nit a plan to EPA which details



     procedures for sampling and anal/sis of wastes in



     (every container  or soecified containers).  Upon



     reciept of EPA's  comments on the plan, Respondent



     shall incorporate those comments and implement the



     plan.  The plan shall be based on the sampling and



     analytical techniques described in SW-846 (and other



     documents listed  by CPA).






(2)   Within 	 days, examine every container to detect any



     deterioration or leakage.  Overpack or reurum each  leaking



     ^ id each subs tant i .il I •/    •   • •:  ::m tamer that •  ay  IJ.^K



     to prevent further o>- : •  -;  . --,--.333.






(3)   Within days, designate or construct a storage area



     that meets the standards of 40 CFR §264 and is large



     enough for all containers.  The area must have an



     impervious base and be constructed to collect releases.



     Consolidate and place containers that do  not require



     overpacking or red ru nun ing and those that  are redrummed



     or overpacked in a temporary on site storage area approved



     by EPA.






(4)   Within    days, place containers in a well ventilated



     covered structure with appropriate secondary containment




     in accordance with Part  264 Subpart  I  requirements.
-------
(5)   If  the  content of  the containers is not 
-------
                     SURFACE IMPOUNDMENTS








(1)   Within 	 -jays,  reduce the head in th'j surface impoundment




     to a level rf 	 in an: ^^ntiin that level.  To reduce rh.=>




     head,  punp materials to incroise the rreeboard to 	 inches.




     Store  or dispose of the punped materials in a manner




     that complies with applicable standards of RCRA and if




     appropriate,  the Clean Water Act.






(2)   Within 	 days,  submit a plan to select a method for




     stabilization (solidification, fixation, reduction of




     free liquids  etc.) of the waste.  Within 	 days incorporate




     EPA's  comments into tne plan and implement the,revised plan.






(3'   Within 	 '-ays,  -3ub:;.-. _-. pi:  -. ? pi.- "3  i temporary c^v^r




     over the surface  i-^po _<•, '..^c-nt to reduce  infiltration of




     precipitation and control air releases.  The plan should




     include the design of a cover and method of application




     that assures  that precipitation runs off and does not




     allow ponding on  the cover,  the cover must have a




     permeability  no greater than 	, and is compatible




     with the chemical and physical characteristics of the




     waste being covered, local climate and  the other design




     characteristics of  the unit  including any berms, dikes or




     other appurtenances.  Within 	 days  incorporate EPA's




     comments  into the plan and  implement  the revised plan.
-------
;4)   Within 	  days,  submit  a  plan  to  document  the  levels

     of  the concentrations of  hazardous  waste or  constituents

     left  in  place  when  a surface  impoundment handling

     characterise ic wast as is  clean  closed.* Within  	  days,

     incorporate  EPA's comments  into the  plan and implement

     the revised  plan.
   When  this  type  of  surface  impoundment  is  clean closed,
   there may  be  constituents  left  in  place.   Some of  these
   constituents  may  present a  potential  threat  to human
   health or  the environment  (e.g.  corrosive waste may
   contain heavy metals).
-------
                  LAN'DFILLS  AND WASTE  PILES



(1)   Within 	 days,  submit  a plan to  place a cap (temporary)

     over the  landfill  or  waste pile to prevent surface water

     in i iltrat ion,  control wat^rr anc wine erosion or dispersion,

     and  isolate and  contain contaminated wastes and volatiles.

     The  plan  should  include the design and method of application

     that assures that  precipitation runs off and the cap has  a

     permeability no  greater than 	  and is compatible with

     the  chemical and physical characteristics of the waste

     being covered, local  climate ana  hydrogeology.   Within 	

     days incorporate EPA's  comments into the plan and implement

     the  revised plan.


(2;   Within 	 days, suorni . a pl.i.. -^ exj^yate material ana

     designate or construct  a storage area that meets  the

     standards of 40  CFR §265 and large enough for all the

     excavated waste  or transport to an approved RCRA  facility,

     taking into consideration:

          (a)   density of  solid waste in a landfill

          (b)   amount of solid waste in a landfill

          (c)   the settlement to the fill

          (d)   chemical composition and hazards presented  by
               the waste

          (e)   the bearing capacity of the fill

          (f)   decomposition rate of the waste

          (g)   proper packaging of  the waste
-------
     Within 	 days incorporate EPA's comments into the plan




     and  implement the revised plan.






(3)   Within 	 days,  submit a plan for the installation of




     devices '-~i control surfa.-^ runDff ~o -.'-?.: •'h ioos not




     contribute to leachate generation or erosion of covered



     materials.  The  plan should include the design of diversion



     and  collection devices to effect run-on control.  These




     devices can consist of, but not limited to:  dikes and



     berms, ditches,  diversions, waterways,  bench terraces,



     chutes and downpipes.  Within 	 days incorporate EPA's




     comments into the plan and implement the revised plan.






(4)   Within 	 cays,  reuuce t.;i^ aeau on ch^ i^ner o..<_l/^r in



     the  leachac.3 coiloc 110-1 s/sui,- t ? .* L-. .-1 o: 	 in and



     maintain tnat level.  Store or aispose of removed leachate



     in a manner that complies with applicaole standards of RCRA.






(5)   Within 	 days,  inspect the leachate collection system



     and  repair, replace, or upgrade if necessary. Record all



     data collected or observations made and maintain this



     record as part of the facility operating record.  If the



     observations or data collected demonstrate  that leachate



     collection system is not functioning to the degree necessary



     to meet the requirements of Part 265, submit the inspection



     record to EPA within 	 days for review and comment and to



     revise Part B of the facility's permit application.
-------
(1)   Within 	 days, sub-nit a  "Lar: r.?  i.-le i-'iine  the  extent  of



     the contamina t ion and to de I i n .-at .-  the nluro.   Activity



     can be directed to^aras s e c 11 _. r. ^  >-. pLuvie tireateninq



     sensitive areas (list areas).  The  olan will  include  sampling



     and analysis of the following parameters: (list  parameters)



     Within 	 days incorporate EPA's  comments into  the  plan



     and implement the revised plan.






(2)   Within 	 days, submit 3 r-la- for  c-.e  installation  o£



     impermeable barriers to divert ground  water flow awav



     from a waste disposal area, vwny  trom  a sensitive




     environmental area or populated area,  or  to contain



     contaminated ground wdi~;r  ujL-itiig  ;rom  tne  waste  ar^a.



     Within 	 days incorporate EPA's  comments into  the  plan



     and implement the revised plan.






(3)   Within 	 days, submit a plan for  the  installation  of



     a system to capture the plurao of  jontam inants based on



     the hydrogeology of the site and  the  type and amount of



     contaminants present  in the ground  water.   The  plan



     should include methods to be used  to  pump the ground



     water in order to lower the water table  30  that:



           (a)  contaminated ground water does  not discharge



               to a receiving  stream  that  is  hydraulically



               connected;
-------
          (b)   ground  water is not in direct contact witn




               the waste sits;




          (c)   to pre/ent laakv aquifers from conta^ ina 11-.-j




               other aquifers.




     Within 	 days incorporate EPA's comments into th plan




     and i-plement the revised plan.






(4)   Within 	 days, submit a plan for the installation of




     a system to include enoucih number of extraction and




     injection wells that will allow water within the plume




     to be pu.nped, treatea and reintrouduced into the aquifer.




     The plan shou'1 includo a around water treatment system




     to address the specific around water contamination problems.




     Within 	 d- - IP :-: rno^a te EPVs comments and  implement




     the revised ,1 Lan .






(5)   Within 	 days, submit a plan to estaDlish  interim




     concentration levels to monitor the impact  of  pumping,




     injection, slurry wall construction, etc. on the hydrogeology




     of the site for the purpose of establishing  ACLs or MCLs.




     Within 	 days incorporate EPA's comments into the plan  and




     implement the revised plan.
-------
                    SURFACE  WATER RELEASE










(1)   Within 	 aays,  suc.nit  a plan to select a grading technique



     to control infiltration, 'detain or promote runoff.  K'ithi-i




     days incorporate EPA's  comments into the plan and implement



     the revised plan.






(2)   Within 	 days,  submit  a plan to install filter fences




     in order to prevent further spread of contamination to



     surface waters.   Filter fences //ill be constructed of



     materials that will contain the contaminants in the




     water.  Within 	 days  incorporate CPA's comments into tho



     plan and implement the  revised plan.






(3)   Within 	 days,  submit  a plan to establish a  vegetative



     cover to stabilize the  surface of the hazardous disposal



     site.  The plan will address the following factors:




          (a)  cover soil characteristics (grain size,



               organic content, nutrient and Ph levels



               and water content



          (b)  local climate



          (c)  site hydrogeology



          (d)  species compatibility with other plants




               selected to be grown on the site, resistance



               to insect damage and disease, and suitability



               for future land use.




     Within    days, incorporate EPA's comments into  the plan



     and  implement the revised plan.
-------
     Owner/operator will maintain vegetation and repair/replant



     as  necessary.






(4)   Within 	 days,  submit a plan for the installation of



     Jiversion -md  :-r]l-^t:on devices.  Tr.ese dsvices can



     consist of,  but but not limited to:  dikes and berms,



     ditches,  diversions, waterways, bench terraces, chutes



     and downpipes.  Within 	 days of reciept incorporate



     EPA's comments and implement the revised plan.






(5)   Within 	 days,  submit a plan which details procedures



     for sampling analyzinq surface waters or sediments which



     'nave received  (point source or non-point source) discharges



     froTi units (list units).  Within 	 days of reciept,



     •'. ncorpo ra ta  EPA's comments and implement the plan.
-------
                            TANKS
(1)   Increase insoection frequency or change inspection



     procedures to detect leaks or rrac-^s and repair or  replace



     them.






(2)   Within 	 days, inspect valves and pipes (especially



     joints and connectors)  and repair or replace them.






(3)   Within 	 days, remove  part of the waste to prevent overflow



     in the tank.   Monitor licuid level, place a lap on  the



     tank or install * larger or secondary  tank  to  handle



     overflow as necessary.






(4)   Within 	 days, submit a ol^n to-: a co-nple'te  repair/



     removal/replacement of  tanxs tiiat present structural



     failure (e.g.  leaks/cracks).  ;;ithin 	 days  incorporate



     EPA's comments and implement the revised plan.






(5)   Within 	 days, submit a plan for the  design,  construction



    • and installation of dikes or other drainage control



     systems to prevent further spread of contamination  due



     to releases from the tank.  Within 	  days  incorporate



     EPA's comments and implement the revised plan.
-------
                    GAS MIGRATION CONTROL











Within 	 days, submit a plan for the design and installation




of a gas migration control system to control lateral and




vertical migration of gases or vapors.  The gas migration




control system will include, but not limited to:






(1)  pipe vents and/or;




(2)  trench vents and/or;




(3)  gas barriers and/or;




(4)  gas collection system and/or;




(5)  gas treatment system and/or;




(6)  gas recovery




Within 	 days incorporate EPA's comments into the plan and




implement same.
-------
                    PARTICULATE EMISSIONS











(1)   Within 	 days, develop and  install decontamination units




     to provide for the effective cleaning  of  vehicles and




     personnel entering contaminated  areas  in  order to prevent




     further spread of contamination.






(2)    Within 	 days, establish a short  term vegetative cover




      tc staoilize contaminate surfaces.






(3)   Within 	 days, apply a dust suppressant  to prevent spread




     of contamination due to the  wind.   '.-,'ater  is the most




     common dust suppressant usea.   It  is  inappropriate to




     i'.' _• -:o' L'-'.red ii.-a-"i
-------
                        OTHER ACTIONS











(1)   Within 	 1i /s,  submit a nlan to collect and analyze




     samples to determine extant of contamination outside




     facility boundaries where permission is obtained as




     required by Section §3004(v).






(2)   Within 	 days provide alternative water supplies to




     the affected community.






(3)   Within 	 days install security fencinq, warninq siqns




     or other measures t_ ^i-it access to the site.






(5)   Within 	 davs -level'-io ^ public awareness proaram to




     reduce or control c'"i:^ri and counter unfounded  rumors.

-------
 Attachment from  'Chemical, Physical and 3ioloaical Properties
 of Compounds Present at Hazardous Waste Sites", Seote^ber 1985
                       TETRACHLOROETHYLENE


Summary

     Tetrachloroethylene (PCS, perchloroethylene) induced liver
tumors when administered orally to mice and was found to be
rautagenic using  a microbial assay system.  Reproduction toxicity
was observed in pregnant rats and mice exposed to high concentra-
tions.  Animals exposed by inhalation to te trachloroe thylene
exhibited liver, kidney, and central nervous system damage.


CAS Number:  127-18-4

Chemical Formula:  C2C14

IUPAC Name:  Tetrachloroethene

Important Synonyms and Trade Names:  Perchloroethylene, PCE


Chemical and Physical Properties

Molecular Weight:  165.83

Boiling Point:  121°C

Melting Point:  -22.7°C

Specific Gravity:  1.63

Solubility in Water:  150 to  200 mg/liter at 2Q°C

Solubility in Organics:  Soluble in alcohol, ether, and benzene

Log Octanol/Water Partition Coefficient:  2.88

Vapor Pressure:  14 mm Hg at  20°C


Transport  and Fate

     Tetrachloroethylene  (PCE) rapidly volatiziles  into the
atmosphere where it reacts with  hydroxyl radicals to produce
HC1, CO, CO- and carboxylic acid.  This  is probably the most
important  transport and fate  process for tetrachloroethylene
in the environment.  PCE will leach  into the groundwater,  espe-
cially in  soils of low  organic content.  In soils with high
levels of organics, PCE adsorbs  to these, materials  and can
Tetrachloroethylene
Page 1
October  1985                                    Oo«ment Associates
-------
be bioaccumulated to some degree.   However, it is unclear if
tetrachloroethylene bound to organic material can be degraded
by microorganisms or must be desorbed to be destroyed.  There
is some evidence that higher organisms can metabolize PCS.


Health Effects

     Tetra-hloroethylene was found to produce liver cancer
in male and female mice when administered orally by gavage
(NCI 1977).  Unpublished gavage studies in rats and mice per-
formed by the National Toxicology Program  (NTP)  showed hepato-
cellular carcinomas in mice and a slight, statistically insig-
nificant increase in a rare type of kidney tumor.   NTP is
also conducting an inhalation carcinogenicity study.  Elevated
mutagenic activity was found in Salmonella strains treated
with tetrachloroethylene.  Delayed ossification of skull bones
and sternebrae were reported in offspring of pregnant mice
exposed to 2,000 mg/ra  of tetrachloroethylene for 7 hours/day.
on days 6-15 of gestation.  Increased fetal resorptions were
observed after exposure of pregnant rats to tetrachloroethylene.
Renal toxicity and hepatotoxicity have been noted following
chronic inhalation exposure of rats to tetrachloroethylene
levels of 1,356 mg/rn .  During the first 2 weeks of a subchronic
inhalation study, exposure to concentrations of i.,622 ppm
(10,867 mg/m ) of tetrachloroethylene produced signs of central
nervous system depression, and cholinergic stimulation was
observed among raboits, monkeys, ra±.s, and guinea pigs.


Toxicity to Wildlife and Domestic Animals

     Tetrachloroethylene is the most toxic of the chloroethylenes
to aquatic organisms but is only moderately toxic relative
to other types of compounds.  The limited  acute toxicity data
indicate that the LC_Q value for saltwater and freshwater species
are similar, around 10,000 ug/liter; the trout was the most
sensitive  (LC5Q • 4,800 ug/liter).  Chronic values were 840
and 450 pg/liter for freshwater and saltwater species, respec-
tively, and an acute-chronic ratio of 19 was calculated.

     No information on the toxicity of tetrachloroethylene
to terrestrial wildlife or domestic animals was available in
the literature reviewed.
 J. Mennear, NTP Chemical Manager; personal communication, 1984.
Tetrachloro«thylene
Page 2
October 1985
-------
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH  (HIOSH).
     1983.  Registry of TOxic Effects of Chemical Substances.
     Data Base.  Washington, D.C.  October 1933

U.S. ENVIRONMENTAL PROTECTION AGENCY  (USE?A>.  1979.  Health
     Assessment Document for Te LT acn io: oe L.T/ lane  ( Parr r.lcr ; . -~yl •
     ene).  External Review Draft No. 1, April 1979

U.S. ENVIRONMENTAL PROTECTION AGENCY  ''JZIEPA).  1979.  Water-
     Related Environmental Fate of 129 Priority Pollutants.
     Washington, D.C.  December 1979.  EPA 440/4-79-029

U.S. ENVIRONMENTAL PROTECTION AGENCY  (USEPA).  1980.  Ambient
     Water Quality Criteria for Tetracnloroethylene.  Office
     of Water Regulations and Standards, Criteria and Standards
     Division, Washington, D.C.  October 1980.  EPA 440/5-80-073

U.S. ENVIRONMENTAL PROTECTION AGENCY  (USEPA).  1984.  Health
     Effects Assessment for Te trachloroethylene.  Final Drdf'..
     Environmental Criteria and Assessment Office, Cinci.-~.ati,
     Ohio.  September 1984.  ECAO-CIN-H009

U.S. ENVIRONMENTAL PROTECTION AGENCY  (DSEPA).  1955.  Health
     Assessment Document for Chloroform.  Office  of Health.
     and Environmental Assessment, Washington, D.C.  September
     1985.  EPA 600/8-84/004?

VERSCHUEREN, K.  1977.  Handbook of Environmental Data, on Organic
     Chemicals.  Van Nostrand Reinhold Co.,  New YorX.  659 pages

WEAST", R.E., ed.  1981.  Handbook of  Chemistry and Physics.
     62nd ed.  CRC Press, Cleveland,  Ohio.   2,332 pages
Tetrachloroethylene
Page  4
October  1985
-------
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                                                9902.3
 £EPA
            United States
            Environmental Protection
            Agency
              Office of
              Solid Waste and
              Emergency Response
DIRECTIVE NUMBER:9902

TITLE:  RCRA CORRECTIVE ACTION PLAN



APPROVAL DATE: -Naventoer 14, 1986

EFFECTIVE DATE: November 14, 1986

ORIGINATING OFFICE: OWPE

E3 FINAL

D DRAFT

  LEVEL OF DRAFT

    DA — Signed by AA or OAA
    03 8 — Signed by Office Director
    DC — Review & Comment

REFERENCE (other documents):
SWER       OSWER      OSWER
  DIRECTIVE    DIRECTIVE    Dl
-------
United States Envirc — --—:' °-:-=: 	 -----
^^ _ Was.......... 	 • ..
V>EPA OSWER Directive Initiation Reauest

Nam* of Contact Person
Mark ftilbertson
3. Title
RCRA Correction Action Plan
1. Directive Number
9902.3
2. Originator Information
Mail Code
WH-527

Office
OWPE/RCRA Enf. Div.
Telephone Number
382-4849

4. Summary of Directive tinciudt t>n»i st»t»m»nt ot purpoMt The RCRA Corrective Action Plan is intended to aid
the Regions and States in determining ana directing the specific work which must be
performed .as part of a complete corrective action program. It provides a technical frame
work for use during the development of Corrective Action Orders and corrective action
permit requirements.
5. Keywords
RCRA, Corrective Action, RCRA
corrective Measure interpretation
Facility Investigation, Corrective Measure Study,
6a. Do«$ this Directive Supersede Previous Directive*!)? Q Yes £] No Whet directive Inumtur. tnl»)
b. Does It Supplement Previous Directives)? Q Ye» Q No Wh« Directive (numt»r. till*)
7, Draft Level
U A — Signed by AA/DAA 13 8 — Signed' by Office Director D C — For Review & Comment Q In Development
This Request Meets OSWER Directives System Formet
8. Signeture of Lead Office Directives Coordinator '
Xu^TLWu -y. $mJi
9. Name and Title of Approving Official
Daw
P - i-l -££
Data
1SWER   OSWER    OSWER
  DIRECTIVE   DIRECTIVE
-------
                                                                           9902.3
                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C. 20460
                                   NOV  I 4  1986
MEMORANDUM
SUBJECT:  Interim Final Corrective Action Plan'
TO:
                                                                     OFFICE OF
                                                          SOLID WASTE AND EMERGENCY RESPONSE


                                                          OSWER DIRECTIVE #9902
FROM:     Gene A. Luceiro, Director
          Office of Waste Programs Enforcement
          Marcia Williams, Director
          Office of Solid Waste
          Addressees
     Attached is the interim final guidance document entitled the Corrective
Action Plan (CAP).  The CAP will assist you in development of Corrective
Action Orders (§ 3008(h)) and corrective action requirements in permit
applications and permits (§ 3004(u)&(v) ).  The purpose of the CAP is to
aid Regions and States in determining and directing the specific work the
owner/operator or respondent must perform, as part of a complete corrective
action program.  The CAP should be used as a technical framework during
the development of Corrective Action Orders and corrective action permit
requirements.   As specific, detailed guidance is issued by EPA Headquarters,
the CAP will be modified to reflect and incorporate these documents.

     The CAP provides a framework for the development of a site-specific
schedule of compliance to be included in a permit or a compliance schedule
in a Corrective Action Order,  It does so by laying out scopes of work
for the three essential phases of a complete corrective action program.
These three phases and their objectives are as follows:

       Phase I   -  RCRA Facility Investigation (RFI) - to evaluate
                    thoroughly the nature and extent of the release
                    of hazardous waste and hazardous constituents
                    and to gather necessary data to support the
                    Corrective Measure Study.

       Phase II  -  Corrective Measures Study (CMS) - to develop
                    and evaluate a corrective measure alternative or
                    alternatives and to recommend the final correc-
                    tive measure or measures.

       Phase III -  Corrective Measures Implementation (CMI) - to
                    design, construct, operate, maintain and monitor
                    the performance of the corrective measure or
                    measures selected.
-------
                                                                          990?.3
                                   -2-

     The CAP is consistent with existing guidance documents as well as
those currently under development at Headquarters.  These documents are
listed below:

       Existing;

       0  §3008(h) Policy Guidance on Interim Status Corrective
            Action Authority (10/85);

       0  Draft Interim Measure Guidance (12/85);

       0  Draft §3008(h) Model Order (12/85);

       0  Draft National RCRA Corrective Action Strategy (9/86); and

       0  RCRA Facility Assessment Guidance (10/86).


       Under Development!

       0  RCRA Facility Investigation (RFI) Guidance -  will provide
            the Owner/ Operator [Respondent] with various levels of
            investigation techniques to choose from in developing a
            site-specific work plan to fully characterize releases.

       0  Corrective Measure (CM)  Guidance - will provide the Owner/
            Operator [Respondent!  with criteria and technical
            information for evaluating and selecting the measure or
            measures that will meet specific clean-up levels.


     The CAP provides an overall model for a corrective action compliance
schedule.  The scopes of work contained in the CAP should not be considered
"boilerplate", but rather as a "menu" of possible activities to be required
on a site-specific basis.  Only those tasks and reports necessary and
appropriate to the specific situation should be required of the Owner/Operator
[Respondent].  We also encourage the Regions to make available to the
Owner/Operator [Respondent] existing model plans that are relevant to RCRA
activities.  For example, the "Occupational Safety and Health Guidance
Manual for Hazardous Waste Site Activites Operating Safety Guidelines"
contains a model that can be used for the Health and Safety Plan outlined
in the CAP.

     A RCRA Facility Assessment (RFA) will have been conducted at the
facilities that are to receive permits, and for some facilities which are
issued §3008(h) Orders.  The results of the RFA should be used as the basis
for focusing the RCRA Facility Investigation (RFI) compliance schedules
for individual sites, and should provide the necessary data for completion
of the "background information" components of the CAP.
-------
                                                                           9902.3
     Finally, we feel it is necessary  to stress the importance of site-
specific technical detail in the development of Corrective Action Orders
and corrective action permit requirements.  Each facility has unique
characteristics and circumstances affecting it that need to be incorporated
into any requirements for corrective action.  Without this up-front
detail, many owner/operators or respondent will provide us with submittals
which lack the technical detail necessary to perform a thorough corrective
measure program.  In addition to providing a detailed scope of work, the
Agency should also propose a site-specific time-frame for completion of
the work.  Enforcement of permit conditions or requests for relief in an
Order is always easier when very specific detail is included.  Without a
detailed schedule of compliance in a permit or a compliance schedule in
a Corrective Action Order, we can expect untimeliness in submittals and
actions.

     It was also intended that the model scopes of work in the CAP foster
timely, concise submissions by Owner/Operators.  Therefore, when modifying
these scopes of work with site-specific information, the scopes of work
should only require that information which is necessary for the subject
facility, thereby minimizing, the number and length of Owner/Operator
submitions and our review time.  (In general, the average length of
individual Owner/Operator submittals should not exceed 20 pages, excluding
appendices.)

     Please note that the CAP addresses comments by lead Regions.  We
would appreciate additional comments based upon your experiences in
using the CAP.  Should you have any questions with regard to this document,
you may call Anna Buonocore (FTS 382-4829), Mark Gilbertson (FTS 382-4849)
or Peter Ornstein (FTS 382-5618).

Attachment

ADDRESSEES:

Hazardous Waste Management Division Directors - Regions I-X
Hazardous Waste Branch Chiefs - Regions I-X
Enforcement Section Chiefs - Regions I-X
Permit Section Chiefs - Regions I-x
Regional Counsels - Regions I-X
Lloyd Guerci, OWPE
Steve Heare, OWPE
Sylvia Lowrance, OWPE
Frank Russo, OWPE
Peter Cook, OWPE
Bruce Weddle, OSW
Dave Fagan, OSW
Terry Grcgan, OSW
George Dixon, OSW
Art Day, OSW
-------
                                                  9902.3
RCRA CORRECTIVE ACTION PLAN
       INTERIM  FINAL
       November 1986
-------
                       RCRA CORRECTIVE ACTION PLAN


0 INTRODUCTION


0 RCRA FACILITY INVESTIGATION

        Task I:  Description of Current Conditions

       Task II:  Pre-Investigation Evaluation of Corrective Measure
                 Technologies

      Task III:  RFI Workplan Requirements

       Task IV:  Facility Investigation

        Task V:  Investigation Analysis

       Task W:  Laboratory and Bench-Scale Studies

      Task VII:  Reports


0 CORRECTIVE MEASURE STUDY

     Task VIII:  Identification and Development of the Corrective
                 Measure Alternative or Alternatives

       Task IX:  Evaluation of the Corrective Measure Alternative or
                 Alternatives

        Task X:  vTustification and Recommendation of the Corrective
                 Measure or Measures

       Task XI:  Reports


 0 CORRECTIVE MEASURE IMPLEMENTATION

      Task XII:  Corrective Measure Implementation Program Plan

     Task XIII:  Corrective Measure Design

      Task XIV:  Corrective Measure Construction

       Task XV:  Reports
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                                                                            J202.3

                                    -1-
 INrTRODUCTION

 The objective of  a Corrective Action Program at a hazardous waste management
 facility is  to evaluate the nature and extent of the release of hazardous
 waste or constituents;  to evaluate facility characteristics; and to
 identify,  develop, and  implement  the appropriate corrective measure or
 measures adequate to protect human health and the environment.   The follow-
 ing bullets  identify components necessary -to assure  a complete  corrective
 action program.   It should be recognized  that the detail  required in each
 of  these steps will vary depending on the facilty and its complexity:

 0   Locate the source(s)  of the release(s)  of contaminants (e.g. regulated
    units,  solid waste management  units, and other source  areas)

 0   Characterize the nature and extent of  contamination both within
    the facility boundaries and migrating  from the facility.   This would
    include defining the pathways  and methods of migration of the hazardous
    waste or  constituents, including the media, extent,  direction, speed,
    complicating factors inflencing movement, concentration profiles,
    etc.

 0   Identify  areas and populations threatened by releases  from the facility

 0   Determine short and  long term, present and potential threats of releases
    from the  facility on human health and/or the environment

 0   Identify  and implement a interim measure or measures to abate the
    further spread of contaminants, control the source of  contamination,
    or otherwise control the releases themselves

 0   Evaluate  the overall integrity of containment structure and  activities
    at the  site intended for long-term containment

 0   Identify, develop, and implement a corrective measure  or.measures to
    prevent and remediate releases of hazardous waste or constituents frcm
    the facility

 °   Design  a  program to  monitor the implementation, maintenance  and
    performance of any interim or  final corrective measure(s) to ensure
    that human health and the environment  are being protected

 The purpose  of the Corrective Action Plan (CAP)is to aid  Regions and
 States in determining and directing the specific work the owner/operator
 or  respondent must perform, as part of a  complete corrective action
 program.  The Corrective Action Plan is a document specifically intended
.to  assist. Regions and States in the development of Corrective Action
 Orders (§  3008(h)) and  corrective action  requirements in  permit applications
 and permits  (§ 3004(u)&(v)).  It  does so  by laying out scopes of work for
 the three essential phases of a complete  corrective  action program which
 can be used  to formulate facility-specific scopes of work for a order or
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                                                                           9 <-» u ? . 3

                                   -2-
oermit.  These three phases and their objectives are as follows:

       Phase I   -  RCRA Facility Investigation (RFI) - to evaluate
                    thoroughly the nature and extent of the release
                    of hazardous waste and hazardous constituents
                    and to gather necessary data to support the
                    Corrective Measure Study.

       Phase II  -  Corrective Measures Study (CMS) - to develop
                    and evaluate corrective measure alternative or
                    alternatives and to recommend the final correc-
                    tive measure or measures.

       Phase III -  Corrective Measures Implementation (CMI) - to
                    design, construct, operate, maintain and monitor
                    the performance of the corrective measure or
                    measures selected.

Users of the CAP should understand that it is designed to identify actions
that facility owner/operator or respondent must take as part of a
corrective action program.  It does not identify the steps that remain
the responsibility of the regulatory agency.  To clarify this interaction
between the facility owner/operator or respondent, Figure 1 represents
the flowchart of owner/operator or respondent submittals and Agency
actions for the three.phases of the CAP.

     The CAP scopes of work should not be considered "boilerplate."  The
scopes of work in the CAP are models and must be modified, enhanced or
sections deleted based on site-specific situations.  Information generated
from investigations such such as RCRA Facility Assessments (RFAs) should
be used to tailor the scope of work to address facility-specific situations.
The following are some examples where site-specifics reguire modification
to the CAP model scopes of work.

0  If the contamination problem at a facility is merely a small soil
   contamination problem, then the CAP should be scaled down accordingly.

0  In complicated contamination situations, the Health and Safety Plan
   and Ccmmunity Relations Plans may need to be comprehensive.   However,
   in simple contamination situations, these plans may be very brief.

0  If site-specifics conditions reguire more detail than what has been
   scoped out in any particular section of the CAP, then the CAP should
   be enhanced accordingly.

0  If there is sufficient information on a site to preclude an air release,
   then it would not be necessary to reguire the owner/operator or respond-
   ent to perform an air contamination characterization.   The air
   contamination characterization work under the RFI (Task IV, C, 4)
   should be deleted.
-------
                                           -3-
                                    Fiaure  1
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                                                       AGEHC7
                                                                            -1302.3
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=-^ =«
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z <
u £   r——

^ ;i   permit

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?^ ^.   "•-_
                         /Sesign &   "S
                          Construction
                          Operation &
                          Maintenance
                          Monitoring
-------
                                                                            9902.3
                                   -4-

   If interim measures are underway, scheduled or contemplated at a
   facility, then the Interim Measures section under the RFI (Task I, C)
   should be modified to specifically reference the interim measures.

   If possible, the CAP should focus the owner/operator or respondent on
   specific solid waste management units and other areas of interest, as
   well as known waste management activity areas (i.e. waste recycling
   units, wastewater treatment tanks).

   If only one corrective measure alternative is appropriate for a given
   situation, and it would not be necessary to reguire the owner/operator
   or respondent to further investigate the possibility of other corrective
   measure alternatives, then the scopes of work (citations) would be
   modified to reflect this situation.
   Finally, it is necessary to stress the importance of site-specific
technical detail in the development of Corrective Action Orders and
corrective action permit requirements.  When the scope of work is specific
to the facility, it is easier to enforce.  Each facility has unique
characteristics and circumstances affecting it that need to be incorporated
into any requirements for corrective action.  Without this many owner/operators
or respondents will provide us with subnittals which lack the necessary
information to perform a corrective measure program.  In addition to
providing a adequate scope of work, the Agency should also propose a
site-specific time-frame for completion of the work.
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                                                                            9902.3
                                   -5-

             SCOPE OF t\nRK FOR A RCRA FACILITY INVESTIGATION (RFI)
                                    AT
                         [SPECIFY FACILITY NAME]
PURPOSE

The purpose of this RCRA Facility Investigation is to determine the nature
and extent of releases of hazardous waste or constituents from requlated
units, solid waste management units, and other source areas at the facility
and to qather all necessary data to support the Corrective Measures
Study.  The Owner/Operator  [Respondent] shall furnish all personnel,
materials, and services necessary for, or incidental to, performing the
RCRA remedial investigation at [specify facility name].

[NOTE: This scope of work is intended to foster timely, concise submissions
by Owner/Operators.  To achieve this goal, it is important when using
the model scope of work to consider facility specific conditions.  This
scope of work should be modified as necessary to require only that infor-
mation necessary to complete the RCRA Facility Investigation.]

SCOPE

The RCRA Facility Investigation consists of seven tasks:

  Task I:  Description of Current Conditions

           A.  Facility Background
           B.  Nature and Extent of Contamination
           C.  Implementation of Interim Measures

 Task II:  Pre-Investigation Evaluation of Corrective Measure Technologies

Task III:  RFI Workplan Reguirements

           A.  Project Management Plan
           B.  Data Collection Duality Assurance Plan
           C.  Data Management Plan
           D.  Health and Safety Plan
           E.  Community Relations Plan

 Task IV:  Facility Investigation

           A.  Environmental Setting
           B.  Source Characterization
           C.  Contamination Characterization
           D.  Potential Receptor Identification
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                                                                            9302.3


                                   -6-
  Task V:  Investigation Analysis
           A.  Data Analysis
           B.  Protection Standards

 Task VI:  Laboratory and Bench-Scale Studies

Task VII:  Reports
           A.  Preliminary and Warkplan
           B.  Progress
           C.  Draft and Final
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                                                                            9902.3
TASK I: DESCRIPTION OF CURRENT CONDITIONS

The Owner/Operator [Respondent]  shall submit for U.S. EPA approval
a report providing the background information pertinent to the facility/
contamination and interim measures as set forth below.  The data gathered
during any previous investigations or inspections and other relevant data
shall be included.

A.  Facility Background

    The Owner/Operator's [Respondent's]  report shall summarize the regional
    location, pertinent boundary features, general facility physiooraphy,
    hydrcgeology, and historical use of the facility for the treatment,
    storage or disposal of solid and hazardous waste.  The Owner/Operator's
    [Respondent's] report shall include:

    1.  Map(s) depicting the following:

        a.  General geographic location;

        b.  Property lines, with the owners of all adjacent property clearly
            indicated;

        c.  Topography and surface drainage (with a contour interval of
            [number]  feet and a scale of 1 inch = 100 feet) depicting all
            waterways, wetlands, flocdplains, water features, drainage
            patterns, and surface-water containment areas;

        d.  All tanks, buildings, utilities, oaved areas, easements,
            rights~of-way, and other features;

        e.  All solid or hazardous waste treatment, storage or disposal
            areas active after November 19, 1980;

        f .  All known past solid or hazardous waste treatment, storage or
            disposal areas regardless of whether they were active on
                     19, 1980;
        g.  All known past and present product and waste underground tanks
            or piping;

        h.  Surrounding land uses (residential, commercial, agricultural,
            recreational); and

        i.  The location of all production and ground-water monitoring wells.
            These wells shall be clearly labeled and ground and top of
            casing elevations and construction details included (these elev-
            ations and details may be included as an attachment) .

        All maps shall be consistent with the reguirements set forth in
        40 CFR §270.14 and be of sufficient detail and accuracy to locate
        and report all current and future work performed at the site;
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                                                                           9902.3

                                   -8-

    2.  A history and description of ownership and operation, solid and
        hazardous waste generation, treatment, storage and disposal activities
        at the facility;

    3.  Approximate dates or periods of past product and waste spills,
        identification of the materials spilled, the amount spilled, the
        location where spilled, and a description of the response actions
        conducted (local, state, or federal response units or private"
        parties), including any inspection reports or technical reports
        generated as a result of the response; and

    4.  A summary of past permits reguested and/or received, any enforcement
        actions and their subsequent responses and a list of documents  and
        studies prepared for the facility.

B.  Nature and Extent of Contamination

    The Owner/Operator  [Respondent]  shall prepare and submit for U.S. EPA
    approval a preliminary report describing the existing information on
    the nature and extent of contamination.

    1.  The Owner/Operator's [Respondent's]  report shall summarize all
        possible source areas of contamination.   This, at a minimum,
        should include all regulated units, solid waste management units,
        spill areas, and other suspected source areas of contamination.
        For each area, the Owner/Operator [Respondent]  shall identify
        the following:

        a.  Location of unit/area (which shall be depicted on a facility
            map);

        b.  Quantities of solid and hazardous wastes;

        c.  Hazardous waste or constituents, to the extent known;  and

        d.  Identification of areas where additional information is
            necessary.


    2.  The Owner/Operator [Respondent]  shall prepare an assessment and
        description of the existing degree and extent of contamination.
        This should include:

        a.  Available monitoring data and gualitative information on
            locations and levels of contamination at the facility;

        b.  All potential migration pathways including information on
            geology, pedology,  hydrogeology, physiography, hydrology,
            water guality,  meterology,  and air guality;  and

        c.  The potential impact(s)  on  human health and the environment,
            including demography,  ground-water and surface-water use, and
            land use.
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                                                                           9902.3
                                   -9-

C.  Implementation of Interim Measures

    The Owner/Operator [Respondent's]  report shall document  interim
    measures which were or are being undertaken at the  facility.   This
    shall include:

    1.  Objectives of the interim measures:  how the measure  is mitigating
        a potential threat to human health and the environment and/or
        is consistent with and integrated into any long term solution
        at the facility;

    2.  Design, construction, operation, and maintenance requirements;

    3.  Schedules for design, construction and monitoring; and

    4.  Schedule for progress reports.
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                                                                            9902.3

                                   -10-


 TASK II:   PRE-INVESTIGATION  EVALUATION OF CORRECTB7E MEASURE TECHNOLOGIES


 Prior to  starting  the  facility  investigation, the Owner/Operator
 [Respondent] shall submit  to EPA a report that  identifies the potential
 corrective measure technologies that may be used on-site or off-site for
 the containment, treatment,  remediation, and/or disposal of contamination.
 This report shall  also identify any field data  that needs to be collected
•in the facility  investigation to facilitate the evaluation and selection
 of the final corrective measure or measures (e.q., compatibility of
 waste and construction materials, information to evaluate effectiveness,
 treatability of wastes, etc.).
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                                                                            9902.3

                                   -11-

TASK III;  RFI WORKPLAN REQUIREMENTS

The Owner/Operator [Respondent] shall prepare a RCRA Facility Investigation
(RFI) Workplan.  Ihis RFI Workplan shall include the development of several
plans, which shall be prepared concurrently.  During the RCRA Facility
Investiqation, it may be necessary to revise the RFI Wbrkplar. to increase
or decrease the detail of information collected to acccmodate the facility
specific situation.  The RFI Workplar. includes the following:

A.  Project Management Plan

    The Owner/Operator [Respondent]  shall prepare a Project Management Plan
    which will include a  discussion of the technical approach, schedules,
    budget, and personnel.  The Project Management Plan will also include a
    description of gualifications of personnel performing or directing the
    RFI, including contractor personnel.  This plan shall also document
    the overall management approach to the RCRA Facility Investigation.

B.  Data Collection Quality Assurance Plan

    The Owner/Operator [Respondent]  shall prepare a plan to document all
    monitoring procedures: sampling, field measurements and sample analysis
    performed during the investigation to characterize the environmental
    setting, source, and contamination, so as to ensure that all information,
    data and resulting decisions are technically sound, statistically valid,
    and properly documented.

    1.  Data Collection Strategy

        The strategy section of the Data Collection Quality Assurance Plan
        shall include but not be limited to the following:

        a.  Description of the intended uses for the data, and the necessary
            level of precision and accuracy for these intended uses;

        b.  Description of methods and procedures to be used to assess the
            precision, accuracy and completeness of the measurement data;

        c.  Description of the rational used to assure that the data
            accurately and precisely represent a characteristic of a
            population, parameter variations at a sampling point, a process
            condition or an environmental condition.  Examples of factors
            which shall be considered and discussed include:

              i)  Environmental conditions at the time of sampling;

             ii)  Nurrber of sampling points;

            iii)  Representativeness of selected media; and

             iv)  Representativeness of selected analytical parameters.
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                                                                       9902.3

                               -12-

    d.  Description of the measures to be taken to assure that the following
        data sets can be compared to each other:

           i)  RFI data generated by the Owner/Operator over some time period;

          ii)  RFI data generated by an outside laboratory or consultant versus
               data generated by the Owner/Operator;  ,,

         iii)  Data generated by separate consultants or laboratories; and

          iv)  Data generated by an outside consultant or laboratory over some
               time period.

    e.  Details relating to the schedule and information to be provided in
        guality assurance reports.  The reports should include but not be
        limited to:

           i)  Periodic assessment of measurement data accuracy,  precision,
               and completeness;

          ii)  Results of performance audits;

         iii)  Results of system audits;

          iv)  Significant Quality assurance problems and recommended
               solutions; and

           v)  Resolutions of previously stated problems.

2.   Sampling

    The Sampling section of the Data Collection Quality Assurance Plan
    shall discuss:

    a.  Selecting appropriate sampling locations, depths, etc.;

    b.  Providing a statistically sufficient number of sampling sites;

    c.  Measuring all necessary ancillary data;

    d.  Determining conditions under which sampling should be conducted;

    e.  Determining which media are to be sampled (e.g., ground water,
        air, soil, sediment, etc.);

    f.  Determining which parameters are to be measured and where;

    g.  Selecting the freguency of sampling and length of sampling period;

    h.  Selecting the types of sample (e.g., composites vs. grabs) and
        number of samples to be collected;
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                                                                       9902.3


                               -13-

    i.   Measures to be taker, to prevent contamination if the sampling
        equipment and cross contamination between sampling points;

    j.   Documenting field sampling operations and procedures, including;

           i)   Documentation of procedures for preparation of reagents or
               supplies which became an integral part of the sample (e.g.,
               filters, and adsorbing reagents);

          ii)   Procedures and forms for recording the exact location and
               specific considerations associated with sample acguisition;

         iii)   Documentation of specific sample preservation method;

          iv)   Calibration of field devices;

           v)   Collection of replicate samples;

          vi)   Submission of field-biased blanks, where appropriate;

         vii)   Potential interferences present at the facility;

        viii)   Construction materials and techniques, associated with
               monitoring wells and piezometers;

          ix)   Field equipment listing and sample containers;

           x)   Sampling order; and

          xi)   Decontamination procedures.

    k.   Selecting appropriate sample containers;

    1.   Sample preservation; and

    m.   Chain-of-custody, including:

         i)  Standardized field tracking reporting forms to establish sample
             custodv in the field prior to and during shipment;  and

        ii)  Pre-prepared sample labels containing all information necessary
             for effective sample tracking.

3.  Field Measurements

    The Field Measurements section of the Data Collection Duality Assurance
    Plan shall discuss:

    a.   Selecting appropriate field measurement locations, depths,  etc.;

    b.   Providing a statistically sufficient number of field measurements;
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                                                                        9902.3
                               -14-

    c.  Measuring all necessary ancillary data;

    d.  Determining conditions under which field measurement should be
        conducted;

    e.  Determining which media are to be addresssed by appropriate field
        measurements (e.g., qround water, air, soil, sediment, etc.);

    f.  Determining which parameters are to be measured and where;

    g.  Selecting the frequency of field measurement and length of field
        measurements period; and

    h.  Documenting field measurement operations and procedures, including:

           i)  Procedures and forms for recording raw data and the exact
               location, time, and facility-specific considerations
               associated with the data acquisition;

          ii)  Calibration of field devices;

         iii)  Collection of replicate measurements;

          iv)  Submission of field-biased blanks, where appropriate;

           v)  Potential interferences present at the facility;

          vi)  Construction materials and techniques associated with
               monitoring wells and piezometers use to collect field
               data;

         vii)  Field equipment listing;

        viii)  Order in which field measurements were made; and

          ix)  Decontamination procedures.

4.  Sample Analysis

    The Sample Analysis section of the Data Collection Quality Assurance Plan
    shall specify the following:

    a.  Chain-of-custody procedures, including:

           i)  Identification of a responsible party to act as sample
               custodian at the laboratory facility authorized to sign
               for incoming field samples, obtain documents of shipment,
               and verify the data entered onto the sample custody records;

          ii)  Provision for a laboratory sample custody log consisting of
               serially numbered standard lab-tracking report sheets; and
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                                                                    9902.3
                           -15-
     iii)  Specification of laboratory sample custody procedures for
           sample handling, storage, and dispersemer.t for analysis.

b.  Sample storage procedures and storage times;

c.  Sample preparation methods;

d.  Analytical procedures, including:

       i)  Scope and application of the procedure;

      ii)  Sample matrix;

     iii)  Potential interferences;

      iv)  Precision and accuracy of the methodology; and

       v)  Method detection limits.

e.  Calibration procedures and freguency;

f.  Data reduction, validation and reporting;

q.  Internal guality control checks, laboratory performance and
    systems audits and frequency, including:

      i)  Method blank(s);

     ii)  Laboratory control sample(s);

    iii)  Calibration check sample(s);

     iv)  Replicate sample(s);

      v)  Matrix-spiked sample(s);

     vi)  "Blind" quality control sample(s);

    vii)  Control charts;

   viii)  Surrogate samples;

     ix)  Zero and span gases; and

      x)  Reagent quality control checks.

    [A performance audit will be conducted by U.S. EPA on the laboratories
    selected by the Owner/Operator  [Respondent].  This audit must be completed
    and approved prior to the facility investigation.]

h.  Preventive maintenance procedures and schedules;
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                                                                           9902.3
                                   -16-

        i.   Corrective action (for laboratory problems);  and

        j.   Turnaround time.

C.  Data Management Plan

    The Owner/Operator [Respondentl  shall develop and  initiate a Data
    Management Plan to document and track investigation data and results.
    This plan shall identify  and set up data documentation materials  and
    procedures, project file  reouirements, and project-related orogress
    reporting procedures and  documents.  The plan shall also provide
    the format to be used to  present the raw data and  conclusions of  the
    investigation.

    1.   Data Record

        The data record shall include the following:

        a.   Unique sample or  field measurement code;

        b.   Sampling or field measurement location and sample or measurement
            type;

        c.   Sampling or field measurement raw data;

        d.   Laboratory analysis ID number;

        e.   Property or component measured;  and

        f.   Result of analysis (e.g.,  concentration).

    2.   Tabular Displays

        The following data shall be presented in  tabular  displays:

        a.   Unsorted (raw)  data;

        b.   Results for each  medium,  or for  each  constituent monitored;

        c.   Data reduction for statistical analysis;

        d.   Sorting of data by potential stratification factors  (e.g.,
            location, soil  layer,  topography);  and

        e.   Summary data.
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                                                                             9902.3
                                     -17-

      3.  Graphical Displays

          The following data shall be presented in graphical formats (e.g.,
          bar graphs, line graphs, area or plan maps, isopleth plots,
          cross-sectional plots or transects, three dimensional graphs,
          etc.):

          a.  Display sampling location and sampling grid;

          b.  Indicate boundaries of sampling area, and areas where more data
              are required;

          c.  Displays levels of contamination at each sampling location;

          d.  Display geographical extent of contamination;

          e.  Display contamination levels, averages, and maxima;

          f.  Illustrate changes in concentration in relation to distance from
              the source, time, depth or other parameters; and

 I         g.  Indicate features affecting intramedia transport and shew
^             potential receptors.
*
* D.  Health and Safety Plan

      The Owner/Operator [Respondent] shall prepare a facility Health and
  i.  Safety Plan.

   ^  1.  Major elements of the Health and Safety Plan shall include:
   O
   ->N     a.  Facility description including availability of resources
              such as roads, water supply, electricity and telephone
              service;

          b.  Describe the known hazards and evaluate the risks associated
              with the incident and with each activity conducted;

          c.  List key personnel and alternates responsible for site safety,
              responses operations, and for protection of public health;

          d.  Delineate work area;

          e.  Describe levels of protection to be worn by personnel in
              work area;

          f.  Establish procedures to control site access;

          g.  Describe decontamination procedures for personnel and equipment;
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                                                                            9902.3
                                   -18-

        h.  Establish site emergency procedures;

        i.  Address emergency medical care for injuries and toxicological
            problems;

        j.  Describe requirements for an environmental surveillance program;

        k.  Specify any routine and special training required for respondsrs; and

        1.  Establish procedures for protecting workers from weather-related
            problems.

    2.  The Facility Health and Safety Plan shall be consistent with:

        a.  NIOSH Occupational Safety and Health Guidance Manual for Hazardous
            Waste Site Activities (1985);

        b.  EPA Order 1440.1 - Respiratory Protection;

        c.  EPA Order 1440.3 - Health and Safety Requirements for Employees
            engaged in Field Activities;

        d.  Facility Contingency Plan;

        e.  EPA Standard Operating Safety Guide (19R4);

        f.  OSHA regulations particularly in 29 CFR 1910 and 192*^;

        g.  State and local regulations;  and

        h.  Other EPA guidance as provided.

E.  CommunityRelations Plan

    The Owner/Operator [Respondent]  shall prepare a plan, for the
    dissemination of information to the public regarding investigation
    activities and results.
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                                                                            9902.3
                                   -19-

TASK TV:  FACILITY INVESTIGATION
The Owner/Operator [Respondent] shall conduct those investigations
necessary to: characterize the facility (Environmental .Setting); define
the source (Source Characterization); define the degree and extent of
contamination (Contamination Characterization); and identify actual or
potential receptors.

The investigations should result in data of adeguate technical guality to
supDort the development and evaluation of the corrective measure
alternative or alternatives during the Corrective Measures Study.

The site investigation activities shall follow the plans set forth in          ^    ~
Task III.  All sampling and analyses shall be conducted in accordance          'Y _^   ? *£-
                                                                             ^ ^  '^
A.  Environmental Setting                                                   -s  fS~_

    The Owner/Operator [Respondent] shall collect information to supplement
    and verify existing information on the environmental setting at the
    facility.  The Owner/Operator  [Respondent]  shall characterize the
    following:

    1.  Hydrogeology

        The Owner/Operator [Respondent]  shall conduct a program to evaluate
        hydrogeologic conditions at the facility.  This program shall
        provide the following information:

        a.  A description of the regional and facility specific geologic
            and hydrogeologic characteristics affecting ground-water
            flow beneath the facility, including:

              i)  Regional and facility specific stratigraphy: description
                  of  strata including strike and dip, identification of
                  stratigraphic contacts;

             ii)  Structural geology: description of local and regional
                  structural features (e.g., folding, faulting, tilting,
                  jointing, etc.);

            iii)  Depositional history;

             iv)  Identification and characterization of areas and amounts
                  of recharge and discharge.

              v)  Regional and facility specific ground-water flow pat-
                  terns; and

             vi)  Characterize seasonal variations in the ground-water
                  flow regime.
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                                                                    9902.3

                           -20-

b.  An analysis of any topographic features that might influence
    the ground-water flow system.  (Note: Stereographic analysis
    of aerial photographs may aid in this analysis).

c.  Based on field data, test, and cores, a representative and
    accurate classification and description of the hydrogeologic
    units which may be part of the migration pathways at the -
    facility (i.e., the aquifers and any intervening saturated
    and unsaturated units), including:

       i)  Hydraulic conductivity and porosity (total and effective);

      ii)  Lithology, grain size, sorting, degree of cementation;

     iii)  An interpretation of hydraulic interconnections between
           saturated zones; and

      iv)  The attenuation capacity and mechanisms of the natural
           earth materials (e.g., ion exchange capacity, organic
           carbon content, mineral contect etc.).

d.  Based on field studies and cores, structural geology and
    hydrogeolog ic cross sections showing the extent (depth,
    thickness, lateral extent) of hydrogeologic units which may
    be part of the migration pathways identifying:

       i)  Sand and gravel deposits in unconsolidated deposits;

      ii)  Zones of fracturing or channeling in consolidated or
           unconsolidated deposits;

     iii)  Zones of higher permeability or low permeability that
           might direct and restrict the flow of contaminants;

      iv)  The uppermost aguifer: geologic formation, group of
           formations, or part of a formation capable of yielding
           a significant amount of ground water to wells or
           springs; and

       v)  Water-bearing zones above the first confining layer
           that may serve as a pathway for contaminant migration
           including perched zones of saturation.

e.  Based on data obtained from ground-water monitoring wells
    and piezometers installed upgradient and downgradient of the
    potential contaminant source, a representative description of
    water level or fluid pressure monitoring including:

       i)  Water-level contour and/or potenticmetric maps;

      ii)  Hydrologic cross sections showing vertical gradients;
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                                                                       9902.3

                               -21-

         iii)   The flow system, including the vertical and horizontal
               components of flow; and

          iv)   Any temporal changes in hydraulic gradients, for example,
               due to tidal or seasonal influences.

    f.   A description of manmade influences that may affect the
        hydrogeolcgy of the site, identifying:

           i)   Active and inactive local water-supply and production wells
               with an approximate schedule of pumping; and

          ii)   Marinade hydraulic structures (pipelines, freach drains,
               ditches, unlined ponds, septic tanks, NPDES outfalls,
               retent ion a^eas, etc.).

2.   Soils

    The Owner/Operator [Respondent]  shall conduct a program to characterize
    the soil and rock units above the water table in the vicinity of the
    contaminant release(s).  Such characterization shall include but not  be
    limited to, the following information:

    a.   SCS soil classification;
    b.   Surface soil distribution;
    c.   Soil profile, including ASTM classification of soils;
    d.   Transects of soil stratigraphy;
    e.   Hydraulic conductivity (saturated and unsaturated);
    f.   Relative permeability;
    g.   Bulk density;
    h.   Porosity;
    i.   Soil sorptive capacity;
    j.   Cation exchange capacity (CEC);
    k.   Soil organic content;
    1.   Soil pH;
    m.   Particle size distribution;
    n.   Depth of water table;
    o.   Moisture content;
    p.   Effect of stratification on unsaturated flow;
    g.   Infiltration
    r.   Evapotranspiration;
    s.   Storage capacity;
    t.   Vertical flow rate; and
    u.   Mineral content.

3.  Surface Water and Sediment

   The Owner/Operator [Respondent] shall conduct a program to characterize
   the surface - water bodies in the vicinity of the facility.
   Such characterization shall include, but not be limited to, the
   following activities and information:
-------
                                                                    9902.3

                           -22-

a.  Description of the temporal and permanent surface-water bodies
    including:

       i)  For lakes and estuaries: location, elevation, surface
          area, inflow, outflow, depth, temperature stratification,
          and volume;

     ii)  For impoundments: location, elevation, surface
          area, depth, volume, freeboard, and purpose of impoundment;

    iii)  For streams, ditches, drains, swamps and channels: location,
          elevation, flow, velocity, depth, width, seasonal
          fluctuations, and flooding tendencies (i.e., 100 year
          event);

     iv)  Drainage patterns; and

      v)  Evapotranspiration.

b.  Description of the chemistry of the natural surface water and
    sediments.  This includes determining the pH, total dissolved
    solids, total suspended solids, biological oxygen demand,
    alkalinity, conductivity, dissolved oxygen profiles, nutrients
    (NHo, NO2~/NO2~, PO^  ), chemical oxygen demand, total organic
    carbon, specific contaminant concentrations, etc.

c.  Description of sediment characteristics including:

      i)  Deposition area;

     ii)  Thickness profile; and

    iii)  Physical and chemical parameters (e.g., grain size,
           density, organic carbon content, ion exchange
           capacity, pH, etc.)

Air

The Owner/Operator [Respondent]  shall provide information characterizing
the climate in the vicinity of the facility.   Such information shall
include, but not be limited to:

a.  A description of the following parameters:

       i)  Annual and monthly rainfall averages;

      ii)  Monthly temperature averages and extremes;

     iii)  Wind speed and direction;

      iv)  Relative humidity/dew point;
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                                                                           9902.3


                                   -23-

               v)   Atmospheric pressure;

              vi)   Evaporation data;

             vii)   Development of inversions; and

            viii)   Climate extremes that have been known to occur in the vicinity
                   of the facility, including frequency of occurrence.

        b.  A description of topographic and manmade features which
            affect air flow and emission patterns, including:

              i)  Ridges, hills or mountain areas;

             ii)  Canyons or valleys;

            iii)  Surface water bodies (e.g. rivers, lakes, bays, etc.);

             iv)  Wind breaks and forests; and

              v)  Buildings.

B.  Source Characterization

    The Owner/Operator [Respondent] shall collect analytic data to
    completely characterize the wastes and the.areas where wastes
    have been placed, collected or removed including: type; quantity;
    physical form; disposition (containment or nature of deposits); and""
    facility characteristics affecting release (e.g., facility security,
    and engineered barriers).  This shall include quantification of
    the following  specific characteristics, at each source area:

    1.  Unit/Disposal Area characteristics:

        a.  Location of unit/disposal area;
        b.  Type of unit/disposal area;
        c.  Design features;
        d.  Operating practices (past and present);
        e.  Period of operation;
        f.  Age of unit/disposal area;
        g.  General physical conditions; and
        h.  Method used to close the unit/disposal area.

    2.  Waste Characteristics:

        a.  Type of waste placed in the unit;

              i)  Hazardous classification (e.g., flammable, reactive,
                  corrosive, oxidizing or reducing agent);

             ii)  Quantity; and

            iii)  Chemical composition.
-------
                                                                            9902.3
                                   -24-

        b.  Physical and chemical characteristics;

              i)  Physical form (solid, liquid, gas);
             ii)  Physical description (e.g. , powder, oily sludge);
            iii)  Temperature;
             iv)  pH;
              v)  General chemical class (e.g., acid, base, solvent);
             vi)  Molecular weight;
            vii)  Density;
           viii)  Boiling point;
             ix)  Viscosity;
              x)  Solubility in water;
             xi)  Cohesiveness of the waste;
            xii)  Vapor pressure.
           xiii)  Flash point
                                                              •
        c.  Migration and dispersal characteristics of the waste;

              i)  Sorption;

             ii)  Biodegradability, bioconcer.tration, biotransformation;

            iii)  Photodegradation rates;

             iv)  Hydrolysis rates; and

              v)  Chemical transformations..

    The Owner/Operator [Respondent] shall document the procedures used in
    making the above determinations.

C.  Contamination Characterization

    The owner/Operator [Respondent] shall collect analytical data on
    ground-water, soils, surface water, sediment, and subsurface gas
    contamination in the vicinity of the facility.  This data shall be
    sufficient to define the extent, origin, direction, and rate of
    movement of contaminant plumes.  Data shall include time and location
    of sampling, media sampled, concentrations found, and conditions
    during sampling, and the identity of the individuals performing the
    sampling and analysis.  The Owner/Operator [Respondent]  shall address
    the following types of contamination at the facility:

    1.  Ground-water Contamination

        The Owner/Operator [Respondent]  shall conduct a Ground-water
        Investigation to characterize any plumes of contamination at the
        facility.  This investigation shall at a minimum provide the
        following information:
-------
                                                                       9902.3
                               -25-

    a.  A description of the horizontal and vertical extent of any
        immiscible or dissolved plume(s)  originating from the facility;

    b.  The horizontal and vertical direction of contamination movement;

    c.  The velocity of contaminant movement;

    d.  The horizontal and vertical concentration profiles of Appendix
        VIII constituents in the plume(s);

    e.  An evaluation of factors influencing the plume movement;  and

    f.  An extrapolation of future contaminant movement.

    The Owner/Operator [Respondent]  shall document the procedures used in
    making the above determinations (e.g.,  well design, well construction,
    geophysics, modeling, etc.).

2.   Soil Contamination

    The Owner/Operator [Respondent]  shall conduct an investigation
    to characterize the contamination of  the soil and rock units
    above the water table in the vicinity of the contaminant
    release.  The investigation shall include the following
    information:

    a.  A description of the vertical and horizontal extent of
        contamination.

    b.  A description of contaminant and  soil chemical properties
        within the contaminant source area and plume.  This includes
        contaminant solubility, speciation, adsorption, leachability,
        exchange capacity, biodegradability, hydrolysis,  photolysis,
        oxidation and other factors that might affect contaminant
        migration and transformation.

    c.  Specific contaminant concentrations.

    d.  The velocity and direction of contaminant movement.

    e.  An extrapolation of future contaminant movement.

    The Owner/Operator [Respondent]  shall document the procedures
    used in making the above determinations.

3.   Surface-Water and Sediment Contamination

    The Owner/Operator [Respondent]  shall conduct a surface-water
    investigation to characterize contamination in surface-water
    bodies resulting from contaminant releases at the facility.
-------
                                                                       9902.3
                               -26-

    The investigation shall include, but not be limited to, the
    following information:

    a.  A description of the horizontal and vertical extent of any
        immisicible or dissolved plume(s) originating from the facility,
        and the extent of contamination in underlying sediments; -

    b.  The horizontal and vertical direction of contaminant movement;

    c.  The contaminant velocity;

    d.  An evaluation of the physical, biological and chemical factors
        influencing contaminant movement;

    e.  An extrapolation of future contaminant movement; and

    f.  A description of the chemistry of the contaminated surface
        waters and sediments.  This includes determining the pH,
        total dissolved solids, specific contaminant concentrations,
        etc.;

    The Owner/Operator [Respondent] shall document the procedures
    used in making the above determinations.

4.  Air Contamination

    The Owner/Operator [Respondent] shall conduct an investigation
    to characterize the particulate and gaseous contaminants
    released into the atmosphere.  This investigation shall
    provide the following information:

    a.  A description of the horizontal and vertical direction
        and velocity of contaminant movement;

    b.  The rate and amount of the release; and

    c.  The chemical and physical composition of the contaminants(s)
        released, including horizontal and vertical concentration
        profiles.

    The Owner/Operator [Respondent] shall document the procedures
    used in making the above determinations.
5.  Subsurface Gas Contamination

    The Owner/Operator [Respondent]  shall conduct an investigation
    to characterize subsurface gases emitted fron buried hazardous
    waste and hazardous constituents in the ground water.  This
    investigation shall include the  following information:
-------
                                                                           9902.3

                                   -27-

        a.  A> description of the horizontal and vertical extent of
            subsurface qases mitigation;

            b.  The chemical composition of the qases being emitted;

            c.  The rate, amount, and density of the gases being emitted;
                and
            d.  Horizontal and vertical concentration profiles of the
                subsurface gases emitted.

            The Owner/Operator [Respondent] shall document the procedures
            used in making the above determinations.

D.  Potential Receptors

    The Owner/Operator [Respondent]  shall collect data describing the
    human populations and environmental systems that are susceptible  to
    contaminant exposure fron the facility.  Chemical analysis of biological
    samples may be needed.  Data on observable effects in ecosystems  may
    also be obtained.  The following characteristics shall be identified:

    1.  local uses and possible future uses of ground water:

        a.  Type of use (e.g., drinking water source: municipal or
            residential, agricultural, domestic/non-potable, and
            industrial); and

        b.  location of groundwater users including wells and discharge
            areas.


    2.  Local uses and possible future uses of surface waters draining
        the facility:

        a.  Domestic and municipal (e.g. potable and lawn/gardening
            watering);
        b.  Recreational (e.g. swimming, fishing);
        c.  Agricultural;
        d.  Indus tr i al; and
        e.  Environmental (e.g. fish and wildlife propagation).

    3.  Human use of or access to the facility and adjacent lands,
        including but not limited to:
        a.  Recreation;
        b.  Hunting;
        c.  Residential;
        d.  Commercial;
        e.  Zoning; and
        f.  Relationship between population locations and prevailing
            wind direction.
-------
                                                                       9902.3
                               -28-

4.  A description of the biota in. surface water bodies on,
    adjacent to, or affected by the facility.

5.  A description of the ecology overlyinq and adjacent to
    the facility.

6.  A demographic profile of the people who use or have access
    to the facility and adjacent land, includinq,  but not limited to:
    age; sex; and sensitive subgroups.

7.  A description of any endangered or threatened  species near
    the facility.
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                                                                           9902.3


                                   -29-
TASK V:  INVESTIGATION ANALYSIS
The Owner/Operator [Respondent] shall prepare an analysis and summary of
all facility investigations and their results.  The objective of this
task shall be to ensure that the investigation data are sufficient in
quality (e.g., guality assurance procedures have been followed) and quantity
to describe the nature and extent of contamination, potential threat to
human health and/or the environment, and to support the Corrective Measures
Study.

A.  Data Analysis

    The Owner/Operator [Respondent] shall analyze all facility investigation
    data outlined in Task IV and prepare a report on the tyoe and extent
    of contamination at the facility including sources and  migration pathways.
    The report shall describe the extent of contamination (qualitative/quan-
    titative) in relation to background levels indicative for the area.


B.  Protection Standards [where applicable]

    1.  Ground-water Protection Standards

        For regulated units the Owner/Operator [Respondent]  shall provide
        information to support the Agency's selection/development of
        Ground-water Protection Standards for all of the Appendix VIII
        constituents found in the ground-water during the Facility Investi-
        gation (Task IV).

        a.  The Groundwater Protection Standards shall consist of:

               i)  for any constituents listed in Table 1 of 40 CFR 264.94,
                   the respective value given in that table (MCL) if the
                   background level of the constituent is below the given
                   in Table 1; or

              ii)  the background level of that constituent in the ground-
                   water; or

             iii)  a U.S. EPA approved Alternate Concentration Limit (ACL).

        b.  Information to support the Agency's subsequent selection of
            Alternate Concentration Limits (ACL's) shall be developed by
            the Owner/Operator [Respondent] in accordance with U.S. EPA
            guidance.  For any proposed ACL's the Owner/Operator  [Respondent]
            shall include a justification based upon the criteria set
            forth in 40 CFR 264.94(b).
-------
                                                                       3902.3

                               -30-

    c.  Within [insert number]  days of receipt of anv proposed ACL's.
        The U.S.  EPA shall notify the Owner/Operator [Respondent]
        in writing of approval, disapproval or modificatiocs,  the
        U.S. EPA shall specify in writing the reason(s)  for any
        disapproval or modification.

    d.  Within [insert number]  days of receipt of the U.S.  EPA's  -
        notification or disapproval of any proposed  ACL, the
        Owner/Operator [Respondent]  shall amend and  submit  revisions
        to the U.S. EPA.

2.  Other Relevant Protection Standards

    The Owner/Operator [Respondent]  shall identify all relevant and
    applicable standards  for the protection of human health and the
    environment (e.g. National Ambient Air Quality Standards,
    Federally-approved state water quality standards, etc.).
-------
                                                                            9902.3
                                   -31-

TASK VI:  LABORATORY AND BENCH-SCALE STUDIES

The Owner/Operator  [Respondent] shall conduct laboratory and/or bench
scale studies to determine the applicability of a corrective measure
technology or technologies to facility conditions.  The Owner/Operator
[Respondent] shall analyze the technologies, based on literature review,
vendor contracts, and past experience to determine the testing requirements.

The Owner/Operator  [Respondent] shall develop a testing plan identifying
the types(s) and goal(s) of the study(ies), the level of effort needed,
and the procedures to be used for data management and interpretation.

Upon completion of the testing, the Owner/Operator [Respondent] shall
evaluate the testing results to assess the technology or technologies
with respect to the site-specific questions identified in the test plan.

The Owner/Operator  [Respondent] shall prepare a report surwnarizinq the
testing program and its results, both positive and negative.
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              ,'-?    ,/      °                                          9902,3
           o^.'V'^  ^
            '• ^ V
                                    -32-

-TASK VII;   REPORTS

 A.   Preliminary and Wbrkplan

     The Owner/Operator [Respondent]  shall submit to the  EPA reports on Tasks
     I and  II  when it submits the RCRA Facility Investigation Wbrkplan. (Task III).

 B.   Progress

     The Owner/Operator [Respondent]  shall at a minimum provide  the EPA with
     signed,  [monthly,  bimonthly]  progress reports containing:

     1.   A description and estimate of the percentage  of  the RFI completed;

     2.   Summaries  of  all  findings;

     3.   Summaries  of  all changes made in the RFI during  the reporting
         period;

     4.   Summaries  of  all contacts  with representative of the local community,
         public  interest groups  or  State government during  the  reporting
         period;

     5.   Summaries  of  all problems  or potential problems  encountered during
         the  reporting period;

     6.   Actions  being  taken to  rectify problems;

     7.   Changes  in personnel during  the  reporting  period;

     8.   Projected  work for  the  next  reporting period; and

     9.   Copies of  daily reports, inspection  reoorts,  laboratory/ monitoring
         data, etc.

C.   Draft and Final
                    S e W   o*€—   /" v1_  \   \
Upon EPA approval, the Owner/Operator [Respondent] shall prepare a RCRA
Facility Investigation Report to present Tasks rv-v.  The RCRA Facility
investigation Report shall be developed in draft form for U.S. EDA review.
The RCRA Facility Investigation Report shall be develoned in final format
incorporating comments received on the Draft RCRA Facility Investigation
Report.  Task VI shall be submitted as a seoarate report when the Final
RCRA Facility Investigation Report is submitted.

[number]  copies of all reports, including the Task I report, Task II report,
Task III workplan, Task VI report and both the Draft and Final RCRA Facility
Investigation Reports (Task IV-V) shall be provided by the Owner/Operator
[ResTOndent]  to U.S. EPA.
-------
                                                                            9902.3
                                  -33-

 [THE FOLLOWING FACILITY SUBMISSION SUMMARY MAY BE PLACED IN THE BODY
 OF THE ORDER OR PERMIT AND REMOVED FROM THE SCOPE OF WORK.  MOT ALL OF
 THE ITEMS LISTED BELOW MAY BE REOUIRED AT EACH FACILITY.]

Facility Submission Summary

A summary of the information reporting requirements contained in the
RCRA Facility Investigation Scope of Work is presented below:
Facility Submission
Description of Current Situation
     (Task I)

Pre-Investigation Evaluation of Corrective
 Measure Technologies
     (Task II)

RFI Workplan
     (Task III)

Draft RFI Report
     (Tasks TV and V)

Final RFI Report
     (Tasks TV and V)
Laboratory and Bench-Scale Studies
     (Task VI)

Progress Reports on Tasks I through VI
  Due Date
[ DATE ]


[ DATE ]



[ DATE 1
[ NUMBER ]  days after
RFI Worknlan Approval

[ NUMBER ]  days after
EPA comment on Draft
RFI Report

Concurrent with Final
RFI Report

[ MONTHLY, BI-MONTHLY ]
-------
                                                                             9902.3
                                    -34-

                SCOPE OF WORK FOR A CORRECTBTE MEASURE STUDY
                                     AT
                          [SPECIFY FACILITY NAME]
 PURPOSE
The purpose  of  this  Corrective  Measure Study (CMS)  is to develop and evaluate
the corrective  action  alternative or  alternatives and to recommend the
corrective measure or  measures  to be  taken at [specify facility name].
The Owner/Operator  [Respondent] will  furnish the personnel,  materials,
and services necessary to  prepare the corrective measure study, except
as otherwise specified.

[Note: This  scope of work  is  intended to foster timely,  concise submissions
by Owner/Operators.  To achieve this  goal,  it is important when using the
model scope  of  work  to consider facility specific conditions.   This scope
should be modified as  necessary to  reguire only that information necessary
to complete  the Corrective Measure  Study.]


SCOPE

The Corrective  Measure Study consists of four tasks:

Task VIII:   Identification and  Development  of the Corrective Measure     ^-^  a
        £    Alternative or Alternatives                                 ri
        -                                                            v     ' '
      \ -    A.  Description of  Current Situation                 XA v ^-*-
      •t f    B.  Establishment of Corrective Action Objectives    ^"    V°
      o - ~_c.  Screening  of Corrective  Measures Technologies ^    ^             .
             D.  Identification  of the Corrective Measure Alternative or   \ A^-e.  «-••
                Alternatives --  3^^ ^ ^    ^Ws <_ •JsSo<*-:*f*y>  soe \ e ow > • «

Task IX:     Evaluation of  the Correctwe Measure Alternative or Alternatives

            A.  Technical/Environmental/Human Health/Institutional
            B.  Cost Estimate

 Task X:    Justification  and Recommendation of  the Corrective  Measure or
            Measures

            A.  Technical
            B.  Environmental
            C.  Human  Health

Task XI:    Reports

            A.  Progress
            B.  Draft
            C.  Final
-------
                                                                            9902.3
                                   -35-

TASK VIII:  IDENTIFICATION AND DEVELOPMENT OF THE CORRECTIVE ACTION
            ALTERNATIVE OR ALTERNATIVES

Based on the results of the RCRA Facility Investigation and consideration of
the identified Preliminary Corrective Measure Technologies (Task II),
the Owner/Operator [Respondent]  shall identify, screen and develop the
alternative or alternatives for removal, containment, treatment and/or
other remediation of the contamination based on the objectives established
for the corrective action.

A.  Description of Current Situation

     The Owner/Operator [Respondent] shall submit an update to the
     information describing the current situation at the facility and
     the known nature and extent of the contamination as documented by
     the RCRA Facility Investigation Report.  The Owner/Operator [Respondent]
     shall provide an update to information presented in Task I of the
     RFI to the Agency regarding previous response activities and any
     interim measures which have or are being implemented at the facility.
     The Owner/Operator [Respondent] shall also make a facility-specific
     statement of the purpose for the response, based on the results of
     the RCRA Facility Investigation.  The statement of purpose should
     identify the actual or potential exposure pathways that should be
     addressed by corrective measures.

 B.  Establishment of Corrective Action Objectives

     The Owner/Operator [Respondent], in conjunction with the U.S. EPA,
     shall establish site specific objectives for the corrective action.
     These objectives shall be based on public health and environmental
     criteria, information gathered during the RCRA Facility Investigation,
     EPA guidance, and the requirements of any applicable Federal statutes.
     At a minimum, all corrective actions concerning ground water releases
     from regulated units must be consistent with, and as stringent as,
     those required under 40 CFR 264.100.

 C.  Screening of Corrective Measure Technologies

     The Owner/Operator [Respondent] shall review the results of the RCRA
     Facility Investigation and reassess the technologies specified in
     Task II and to identify additional technologies which are applicable
     at the facility.  The Owner/Operator [Respondent] shall screen the
     preliminary corrective measure technologies identified in Task II
     of the RCRA Facility investigation and any supplemental technologies
     to eliminate those that may prove infeasible to implement, that
     rely on technologies unlikely to perform satisfactorily or reliably,
     or that do not achieve the corrective measure objective within a
     reasonable time period.  This screening process focuses on eliminating
     those technologies which have severe limitations for a given set of
     waste and site-specific conditions.  The screening step may also
     eliminate technologies based on inherent technology limitations.
-------
                                  -36-                                     3902.3

    Site, waste, and technology characteristics which are used to screen
    inapplicable technologies are described in more detail below:

    1.  Site Characteristics

        Site data should be reviewed to identify conditions that may
        limit or promote the use of certain technologies.  Technologies
        whose use is clearly precluded by site characteristics should be
        eliminated from further consideration;

    2.  Waste Characteristics

        Identification of waste characteristics that limit the effectiveness
        or feasibility of technologies is an important part of the screening
        process.  Technologies clearly limited by these waste characteristics
        should be eliminated from consideration.  Waste characteristics
        particularly affect the feasibility of in-situ methods, direct
        treatment methods, and land disposal (on/off-site); and

    3.  Technology Limitations

        During the screening process, the level of technology development,
        performance record, and inherent construction, operation, and
        maintenance problems should be identified for each technology
        considered.  Technologies that are unreliable, perform poorly,
        or are not fully demonstrated may be eliminated in the screening
        process.  For example, certain treatment methods have been developed
        to a point where they can be implemented in the field without
        extensive technology transfer or development.

D.  Identification of the Corrective Measure Alternative or Alternatives

    The Owner/Operator [Respondent]  shall develop the Corrective measure
    alternative or alternatives based on the corrective action objectives
    and analysis of Preliminary Corrective Measure Technologies, as
    presented in Task II of the RCRA Facility investigation and as
    supplemented following the preparation of the RFI Report.  The
    Owner/Operator [Respondent]  shall rely on engineering practice to
    determine which of the previously identified technologies appear
    most suitable for the site.  Technologies can be combined to form
    the overall corrective action alternative or alternatives.  The
    alternative or alternatives developed should represent a workable
    number of option(s)  that each appear to adequately address all site
    problems and corrective action objectives.  Each alternative may
    consist of an individual technology or a combination of technologies.
    The Owner/Operator [Respondent]  shall document the reasons for
    excluding technologies, identified in Task II, as supplemented in
    the development of the alternative or alternatives.
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                                                                            9902.3
                                   -37-

TASK IX:  EVALUATION OF THE CORRECTIVE MEASURE ALTERNATIVE OR ALTERNATIVES

The Owner/Operator  [Respondent] shall describe each corrective measure
alternative that passes through the Initial Screening in Task VIII and
evaluate each corrective measure alternative and it's components.  The
evaluation shall be based on technical, environmental, human health and
institutional concerns.  The Owner/Operator [Respondent]  shall also
develop cost estimates of each corrective measure.

A.  Technical/Environmental/Human Health/Institutional

    The [Owner/ Operator] Respondent shall provide a description of each
    corrective measure alternative which includes but is not limited to the
    following: preliminary process flow sheets; preliminary sizing and type
    of construction for buildings and structures; and rough quantities of
    utilities required.  The Owner/Operator [Respondent]  shall evaluate each
    alternative in the four following areas:

    1.  Technical;

        The Owner/Operator [Respondent] shall evaluate each corrective
        measure alternative based on performance, reliability,
        implementability and safety.

        a.  The Owner/Operator [Respondent] shall evaluate performance based
            on the effectiveness an useful life of the corrective measure:

            i)  Effectiveness shall be evaluated in terms of the ability
                to perform intended functions, such as containment, diversion,
                removal, destruction, or treatment.  The effectiveness of
                each corrective measure shall be determined either through
                design specifications or by performance evaluation.  Any
                specific waste or site characteristics which could potentially
                impede effectiveness shall be considered.  The evaluation
                should also consider the effectiveness of combinations of
                technolog i es; and

           ii)  Useful life is defined as the length of time the level of
                effectiveness can be maintained.  Most corrective measure
                technologies, with the exception of destruction, deteriorate
                with time.  Often, deterioration can be slowed through proper
                system operation and maintenance, but the technology eventually
                may require replacement.  Each corrective measure shall
                be evaluated in terms of the projected service lives of its
                component technologies.  Resource availability in the future
                life of the technology, as well as appropriateness of the
                technologies, must be considered in estimating the useful
                life of the project.
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                                                                    9902.3
                           -38-

b.  The Owner/Operator [Respondent] shall provide information on
    the reliability of each corrective measure including their
    operation and maintenance requirements and their demonstrated
    reliability:

    i)  Operation and maintenance requirements include the frequency
        and complexity of necessary operation and maintenance.
        Technologies requiring frequent or complex operation and
        maintenance activities should be regarded as less reliable
        than technologies requiring little or straiahtforward
        operation and maintenance.  The availability of labor
        and materials to meet these requirements shall also be
        considered; and

   ii)  Demonstrated and expected reliability is a way of measuring
        the risk and effect of failure.  The Owner/Operator
        [Respondent] should evaluate whether the technologies
        have been used effectively under analogous conditions;
        whether the combination of technologies have been used
        together effectively; whether failure of any one technology
        has an immediate impact on receptors; and whether the
        corrective measure has the flexibility to deal with
        uncontrollable changes at the site.

c.  The Owner/Operator [Respondent] shall describe the implement-
    ability of each corrective measure including the relative
    ease of installation (constructability) and the time required
    to achieve a given level of response:

    i)  Constructability is determined by conditions both internal
        and external to the facility conditions and include such
        items as location of underground utilities, depth to water
        table, heterogeneity of subsurface materials, and location of
        the facility (i.e., remote location vs. a congested urban
        area).  The Owner/Operator [Respondent] shall evaluate
        what measures can be taken to facilitate construction
        under these conditions.  External factors which affect
        implementation include the need for special permits or
        agreements, equipment availability, and the location of
        suitable off-site treatment or disposal facilities; and

   ii)  Time has two components that shall be addressed:  the time
        it takes to implement a corrective measure and the time
        it takes to actually see beneficial results.  Beneficial
        results are defined as the reduction of contaminants to
        some acceptable,  pre-established level.
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                                                                           9902.3
                                  -39-

        d.  The Owner/Operator [Respondent]  shall evaluate each corrective
            measure alternative with regard to safety.  This evaluation
            shall include threats to the safety of nearby communities
            and environments as well as those to workers during implement-
            ation.  Factors to consider are fire, explosion, and exposure
            to hazardous substances.

    2.  Env i ronmental;

        The Owner/Operator [Respondent] shall perform an Environmental
        Assessment for each alternative.  The Environmental Assessment
        shall focus on the facility conditions and pathways of
        contamination actually addressed by each alternative.  The
        Environmental Assessment for each alternative will include, at a
        minimum, an evaluation of:  the short- and lonq-term beneficial
        and adverse effects of the response alternative; any adverse
        effects on environmentally sensitive areas; and an analysis of
        measures to mitigate adverse effects.

    3.  Human Health; and

        The Owner/Operator [Respondent] shall assess each alternative
        in terms of the extent of which it mitigates short- and lonq-term
        potential exposure to any residual contamination and protects human
        health both during and after implementation the corrective measure.
        The assessment will describe the levels and characterizations of •
        contaminants on-site, potential exposure routes, and potentially
        affected population.  Each alternative will be evaluated to
        determine the level of exposure to contaminants and the reduction
        over time.  For management of mitigation measures, the relative
        reduction of impact will be determined by comparing residual
        levels of each alternative with existing criteria, standards, or
        guidelines acceptable to EPA.

    4.  Institutional.

        The Owner/Operator [Respondent] shall assess relevant institutional
        needs for each alternative.  Specifically, the effects of Federal,
        state and local environmental and public health standards,
        regulations, guidance, advisories, ordinances, or community
        relations on the design, operation, and timing of each alternative.

B.  Cost Estimate
    The Owner/Operator -[Respondent]  shall develop an estimate of the
    cost of each corrective measure alternative (and for each phase or
    segment of the alternative).  The cost estimate shall include both
    capital and operation and maintenance costs.
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                                                                       9902.3
                               -40-

1.  Capital costs consist of direct (construction) and indirect
    (nonconstruction and overhead) costs.

     a.  Direct capital costs include:

           i)  Construction costs: Costs of materials, labor
               (including fringe benefits and worker's compensation),
               and equipment required to install the corrective
               measure.

          ii)  Equipment costs:  Costs of treatment, containment,
               disposal and/or service equipment necessary to implement
               the action; these materials remain until the corrective
               action is complete;

         iii)  Land and site-development costs:  Expenses associated with
               purchase of land and development of existing property; and

          iv)  Buildings and services costs:  Costs of process and
               nonprocess buildings, utility connections, purchased
               services, and disposal costs.

    b.   Indirect capital costs include:

           i)  Engineering expenses:  Costs of administration, design,
               construction supervision, drafting, and testing of
               corrective measure alternatives;

          ii)  Legal fees and license or permit costs:  Administrative
               and technical costs necessary to obtain licenses and
               permits for installation and operation;

         iii)  Startup and shakedown costs:  Costs incurred during
               corrective measure startup; and

          iv)  Contingency allowances:  Funds to cover costs resulting
               from unforeseen circumstances, such as adverse weather
               conditions, strikes, and inadequate facility
               character izat ion.

2.  Operation and maintenance costs are post-construction costs
    necessary to ensure continued effectiveness of a corrective
    measure.   The Owner/Operator [Respondent]  shall consider the
    following operation and maintenance cost components:
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                                                                    9902.3
                           -41-

a.  Operating labor costs:  Wages, salaries, training, overhead,
    and fringe benefits associated with the labor needed for
    pos t-cons truction ope ra t ions;

b.  Maintenance materials and labor costs:  Costs for labor,
    parts, and other resources required for routine maintenance
    of facilities and equipment;

c.  Auxiliary materials and energy:  Costs of such items as chemicals
    and electricity for treatment plant operations, water and sewer
    service, and fuel;

d.  Purchased services:  Sampling costs, laboratory fees, and
    professional fees for which the need can be predicted;

e.  Disposal and treatment costs:  Costs of transporting, treating,
    and disposing of waste materials, such as treatment
    plant residues, generated during operations;

f.  Administrative costs:  Costs associated with administration
    of corrective measure operation and maintenance not included
    under other categories;

g.  Insurance, taxes, and licensing costs:  Costs of such items
    as liability and sudden accidental insurance; real estate
    taxes on purchased land or rights-of-way; licensing fees for
    certain technologies; and permit renewal and reporting costs;

h.  Maintenance reserve and contingency funds:  Annual payments
    into escrow funds to cover (1) costs of anticipated replacement
    or rebuilding of equipment and (2) any large unanticipated
    operation and maintenance costs; and

i.  Other costs:  Items that do not fit any of the above categories.
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                                                                            9902.3

                                   -42-

TASK X: JUSTIFICATION AND RECOMMENDATION OF THE CORRECTIVE
        MEASURE OR MEASURES
The Owner/Operator  [Respondent! shall justify and recommend a corrective
measure alternative using technical, human health, and environmental
criteria.  This recommendation shall include summary tables which allow
the alternative or alternatives to be understood easily.  Tradeoffs  -
among health risks, environmental effects, and other pertinent factors
shall be highlighted. The U.S. EPA will select the corrective measure
alternative or "alternatives to be implemented based on the results of
Tasks IX and X.  At a minimum, the following criteria will be used
to justify the final corrective measure or measures.

A.  Technical

    1.  Performance - corrective measure or measures which are most
        effective at performing their intended functions and maintaining
        the performance over extended periods of time will be given
        preference;

    2.  Reliability - corrective measure or measures which do not require
        freguent or complex operation and maintenance activities and
        that have proven effective under waste and facility conditions
        similar to those anticipated will be given preference;

    3.  Implementability - corrective measure or measures which can be
        constructed and operating to reduce levels of contamination to
        attain or exceed applicable standards in the shortest period of
        time will be preferred; and

    4.  Safety - corrective measure or measures which pose the least
        threat to the safety of nearby residents and environments as
        well as workers during implementation will be preferred.

B.  Human Health

    The corrective measure or measures must comply with existing U.S. EPA
    criteria, standards, or guidelines for the protection of human health.
    Corrective measures which provide the minimum level of exposure to
    contaminants and the maximum reduction in exposure with time are
    preferred.

C.  Env ironmenta1

    The corrective measure or measures posing the least adverse impact
    (or greatest improvement)  over the shortest period "of time on the
    environment will be favored.
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                                                                           9902.3

                                   -43-

TASK XI;  REPORTS

The Owner/Operator [Respondent]  shall prepare a Corrective Measure Study
Report presenting the results of Task VIII throuqh X and recommending a
corrective measure alternative,   [number]  copies of the preliminary
report shall be provided by the Owner/Operator [Respondent].

A.  Progress

    The Owner/Operator [Respondent]  shall at a minimum provide the EPA
    with signed, [monthly, bimonthly] progress reports containing:

    1.  A description and estimate of the percentage of the CMS completed;

    2.  Summaries of all findings;

    3.  Summaries of all changes made in the CMS during the reporting
        period;

    4.  Summaries of all contacts with representative of the local
        community, public interest groups or State government during the
        reporting period;

    5.  Summaries of all problems or potential problems encountered during
        the reporting period;

    6.  Actions being taken to rectify problems;

    7.  Changes in personnel during reporting period;

    8.  Projected work for the next reporting period; and

    9.  Copies of daily reports, inspection reports, laboratory/ monitoring
        data, etc.

B.  Draft

    The Report shall at a minimum include:

    1.  A description of the facility;

        a.  Site topographic map & preliminary layouts.

    2.  A summary of the corrective measure or measures;

        a.  Description of the corrective measure or measures and rationale
            for selection;

        b.  Performance expectations;

        c.  Preliminary design criteria and rationale;

        d.  General operation and maintenance reguirements; and

        e.  Long-term monitoring requirements.
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                                                                       9902.3
                              -44-

3.  A summary of the RCRA Facility Investigation and impact on the
    selected corrective measure or measures;

    a.  Field studies (ground-water, surface water, soil, air); and

    b.  Laboratory studies (bench scale, pick scale).

4.  Design and Implementation Precautions;

    a.  Special technical problems;

    b.  Additional engineering data required;

    c.  Permits and regulatory requirements;

    d.  Access, easements, right-of-way;

    e.  Health and safety requirements; and

    f.  Community relations activities.

5.  Cost Estimates and Schedules;

    a.  Capital cost estimate;

    b.  Operation and maintenance cost estimate; and

    c.  Project schedule (design, construction, operation).

[number]  copies of the draft shall be provided by the Owner/Operator
[Respondent]  to U.S. EPA.

Final

The Owner/Operator [Respondent]  shall finalize the Corrective Measure
Study Report incorporating comments received from EPA on the Draft Corrective
Measure Study Report.
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                                                                            9902.3
                                  -45-

 [THE FOLLOWING FACILITY SUBMISSION SUMMARY MAY BE PLACED IN THE BODY
 OF THE ORDER OR PERMIT £ND REMOVED FROM THE SCOPE OF W)RK.  NOT .ALL OF
 THE ITEMS LISTED BELOW MAY BE REQUIRED AT EACH FACILITY.]

Facility Submission Summary

A summary of the information reporting requirements contained in the -
Corrective Measure Study Scope of Work is presented below:
Facility Submission
Draft CMS Report
     (Tasks VIII, IX, and X)
Final CMS Report
     (Tasks VIII, IX, and X)
Progress Reports on Tasks VIII, IX, and X
  Due Date
[ NUMBER ]  days
after submittal of
the Final RFI

[ NUMBER ]  days
after Public and
EPA comment on the
Draft CMS

[ MONTHLY,  BI-MONTHLY
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                                                                            9902.3
                                   -46-

         SCOPE OF WORK FOR THE CORRECTIVE MEASURE IMPLEMENTATION
                                    AT
                         [SPECIFY FACILITY NAME]
PURPOSE
The purpose of this Corrective Measure Implementation (CMI) program is to
design, construct, operate, maintain, and monitor the performance of the
corrective measure or measures selected to protect human health and the
environment.  The Owner/Operator  [Respondent] will furnish all personnel,
materials and services necessary for the implementation of the corrective
measure or measures.

[Note: This scope of work is intended to foster timely, concise submissions
by Owner/Operators.  To achieve this goal, it is important when using the
model scope of work to consider facility specific conditions.  This scope
should be modified as necessary to require only that information necessary
to complete the Corrective Measure toplementation.]
SCOPE

The Corrective Measure Implementation program consists of four tasks;

   Task XII:  Corrective Measure Implementation Program Plan

              A.  Program Management Plan
              B.  Community Relations Plan

   Task XIII: Corrective Measure Design
              A.  Design Plans and Specifications
              B.  Operation and Maintenance Plan
              C.  Cost Estimate
              D.  Project Schedule
              E.  Construction Quality Assurance Objectives
              P.  Health and Safety Plan
              G.  Design Phases

   Task XIV:  Corrective Measure Construction

              A.  Responsibility and Authority
              B.  Construction Quality Assurance Personnel nualifications
              C.  Inspection Activities
              D.  Sampling Reguirements
              E.  Documentation

   Task XV:  Reports

             A.   Progress
             B.   Draft
             C.   Final
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                                                                           9902.3

                                   -47-

TASK XII;  CORRECTIVE MEASURE IMPLEMENTATION PROGRAM PLAN

The Owner/Operator [Respondent]  shall prepare a Corrective Measure
Implementation Program Plan.  This program will include the development and
implementation of several plans, which require concurrent preparation.
It may be necessary to revise plans as the work is performed to focus
efforts on a particular problem.  The Program Plan includes the following:

A.  Program Management Plan

    The Owner/Operator [Respondent] shall prepare a Program Management Plan
    which will document the overall management strategy for performing the
    design, construction, operation, maintenance and monitoring of corrective
    measure(s).  The plan shall document the responsibility and authority of
    all organizations and key personnel involved with the implementation.
    The Program Management Plan will also include a description of
    gualifications of key personnel directing the Corrective Measure
    Implementation Program, including contractor personnel.

B.  Community Relations Plan

    The Owner/Operator [Respondent] shall revise the Community Relations
    Plan to include any changes in the level of concern of information needs
    to the community during design and construction activities.

    1.  Specific activities which must be conducted during the design stage
        are the following:

        a.  Revise the facility Community Relations Plan to reflect knowledge
            of citizen concerns and involvement at this stage of the process;
            and

        b.  Prepare and distribute a public notice and an updated fact sheet at
            the completion of engineering design.

    2.  Specific activities to be conducted during the construction stage
        could be the following:  Depending on citizen interest at a
        facility at this point in the corrective action process, community
        relations activities could range from group meetings to fact
        sheets on the technical status.
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                                                                            9902.3
                                   -48-

TASK XIII;  CORRECTIVE MEASURE DESIGN

The Owner/Operator [Respondent] shall prepare final construction plans
and specifications to implement the corrective measure(s) at the facility
as defined in the Corrective Measure Study.

A.  Design Plans and Specifications

    The Owner/Operator [Respondent] shall develop clear and comprehensive
    design plans and specifications which include but are not limited to
    the following:

    1.  Discussion of the design strategy and the design basis, including;

        a.  Compliance with all applicable or relevant environmental
            and public health standards; and

        b.  Minimization of environmental and public impacts.

    2.  Discussion of the technical factors of importance including:

        a.  Use of currently accepted environmental control measures and
            technology;

        b.  The constructability of the design; and

        c.  Use of currently acceptable construction practices and technigues.

    3.  Description of assumptions made and detailed justification of
        these assumptions;

    4.  Discussion of the possible sources of error and references to
        possible operation and maintenance problems;

    5.  Detailed drawings of the proposed design including;

        a.  Qualitative  flow sheets; and

        b.  Quantitative flow sheets.

    6.  Tables listing equipment and specifications;

    7.  Tables giving material and energy balances;

    8.  Appendices including;

        a.  Sample calculations (one example presented and explained
            clearly for  significant or unique design calculations);

        b.  Derivation of equations essential to understanding the
            report; and

        c.  Results of laboratory or field tests.
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                                                                           9902.3
                                   -49-

B.  Operation and Maintenance Plan

    The Owner/Operator [Respondent]  shall prepare an Operation and
    Maintenance Plan to cover both implementation and long term maintenance
    of the corrective measure.  The plan shall be composed of the following
    elements:

    1.  Description of normal operation and maintenance (O&M);

        a.  Description of tasks for operation;

        b.  Description of tasks for maintenance;

        c.  Description of prescribed treatment or operation conditions; and

        d.  Schedule showing frequency of each O&M task.

    2.  Description of potential operating problems;

        a.  Description and analysis of potential operation problems;

        b.  Sources of information regarding problems; and

        c.  Common and/or anticipated remedies.

    3.  Description of routine monitoring and laboratory testing;

        a.  Description of monitoring tasks;

        b.  Description of required laboratory tests and their interpretation;

        c.  Required OA/QC; and

        d.  Schedule of monitoring frequency and date, if appropriate, when
            monitoring may cease.

    4.  Description of alternate O&M;

        a.  Should systems fail, alternate procedures to prevent undue hazard;
            and

        b.  Analysis of vulnerability and additional resource requirements
            should a failure occur.

    5.  Safety plan;

        a.  Description of precautions, of necessary equipment, etc., for
            site personnel; and

        b.  Safety tasks required in event of systems failure.
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                                                                            9902.3
                                   -50-

    6.  Description of equipment; and

        a.  Equipment identification;

        b.  Installation of monitoring components;

        c.  Maintenance of site equipment; and

        d.  Replacement schedule for equipment and installed components.

    7.  Records and reporting mechanisms required.

        a.  Daily operating logs;

        b.  Laboratory records;

        c.  Records for operating costs;

        d.  Mechanism for reporting emergencies;

        e.  Personnel and maintenance records; and

        f.  Monthly/annual reports to State agencies.

        An initial Draft Operation and Maintenance Plan shall be submitted
        simultaneously with the Prefinal Design Document submission and the
        Final Operation and Maintenance Plan with the Final Desiqn Documents.

C.  Cost Estimate

    The Owner/Operator [Respondent!  shall develop cost estimates for the
    purpose of assurinq that the facility has the financial resources
    necessary to construct and implement the corrective measure.  The
    cost estimate developed in the Corrective Measure Study shall be
    refined to reflect the more detailed/accurate design plans and
    specifications being developed.   The cost estimate shall include
    both capital and operation and maintenance costs.  An Initial Cost
    Estimate shall be submitted simultaneously with the Prefinal Design
    submission and the Final Cost Estimate with the Final Design Document.


D.  Project Schedule

    The Owner/Operator [Respondent]  shall develop a Project Schedule for
    construction and implementation  of the corrective measure or measures
    which identifies timing for initiation and completion of all critical
    path tasks.  Owner/Operator [Respondent]  shall specifically identify
    dates for completion of the project and major interim milestones.
    An Initial Project Schedule shall be submitted simultaneously with
    the Prefinal Desiqn Document submission and the Final Project Schedule
    with the Final Desiqn Document.
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                                   -51-                                     9902.3

E.  Construction Quality Assurance Objectives


    The Owner/Operator [Respondent] shall identify and document the
    objectives and framework for the development of a construction quality
    assurance program including, but not limited to the following:
    responsibility and authority; personnel qualifications; inspection
    activities; sampling requirements; and documentation.

F.  Health and Safety Plan

    The Owner/Operator [Respondent] shall modify the Health Safety Plan
    developed for the RCRA Facility Investigation to address the activities
    to be performed at the facility to implement the corrective measure(s).

G.  Design Phases

    The design of the corrective measure!s) should include the phases
    outlined below.

    1.  Preliminary design

        The Owner/Operator [Respondent] shall submit the Preliminary
        design when the design effort is approximately 30% complete.  At
        this stage the Owner/Operator  [Respondent]  shall have field verified
        the existing conditions of the facility.  The preliminary design
        shall reflect a level of effort such that the technical requirements
        of the project have been addressed and outlined so that they may
        be reviewed to determine if the final design will provide an
        operable and usable corrective measure.  Supporting data and
        documentation shall be provided with the design documents defining
        the functional aspects of the program.  The preliminary construction
        drawings by the Owner/Operator  [Respondent] shall reflect organization
        and clarity.  The scope of the technical specifications shall be
        outlined in a manner reflecting the final specifications.  The
        Owner/Operator [Respondent] shall include with the preliminary
        submission design calculations reflecting the same percentage of
        completion as the designs they support.

    2.  Intermediate design

        Complex project design may necessitate review of the design
        documents between the preliminary and the prefinal/final design.
        At the discretion of the Agency, a design review may be required
        at 60% completion of the project.  The intermediate design
        sutamittal should include the same elements as the prefinal design.

    3.  Correlating plans and specifications

        General correlation between drawings and technical specifications,
        is a basic requirement of any  set of working construction plans
        and specifications.  Before submitting the project specifications,
        the Owner/Operator [Respondent] shall:

        a.  Coordinate and cross-check the specifications and drawings; and
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                               -52-                                     9902.3

    b.  Complete the proofing of the edited specifications and required
        cross-checkinq of all drawings and specifications.

    These activities shall he completed prior to the 95% prefinal
    submittal to the Agency.
4.  Equipment start-up and operator training

    The Owner/Operator [Respondent] shall prepare, and include in
    the technical specifications governing treatment systems, contractor
    requirements for providing: appropriate service visits by experienced
    personnel to supervise the installation, adjustment, startup and
    operation of the treatment systems, and training covering appropriate
    operational procedures once the startup has been successfully
    accomplished.

5.  Mditional studies

    Corrective Measure Implementation may require additional studies to
    supplement the available technical data.  At the direction of the
    Agency for any such studies required, the Owner/Operator [Respondent]
    shall furnish all services, including field work as required,
    materials, supplies,  plant, labor, equipment, investigations,
    studies and superintendence.  Sufficient sampling, testing and
    analysis shall be performed to optimize the required treatment
    and/or disposal operations and systems.  There shall be an initial
    meeting of all principal personnel involved in the development
    of the program.  The purpose will be to discuss objectives,
    resources, communication channels, role of personnel involved
    and orientation of the site, etc.  The interim report shall
    present the results of the testing with the recommended treatment
    or disposal system (including options).  A review conference
    shall be scheduled after the interim report has been reviewed by
    all interested parties.  The final report of the testing shall
    include all data taken during the testing and a summary of  the
    results of the studies.

6.  Prefinal and final design

    The Owner/Operator [Respondent] shall submit the prefinal/Final
    design documents in two parts.  The first submission shall  be at
    95% completion of design (i.e., prefinal).  After approval  of
    the prefinal submission, the Owner/Operator [Respondent]  shall
    execute the reguired  revisions and submit the final documents
    100% complete with reproducible drawings and specifications.

    The prefinal design sufcmittal and shall consist of the Design
    Plans and Specifications, Operation and Maintenance Plan, Capital
    and Operating and Maintenance Cost Estimate, Project Schedule,
    Quality Assurance Plan and Specifications for the Health and
    Safety Plan.
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                                                                    9902.3
                           -53-

The final design submitted consist of the Final Design Plans and
Specifications (100% complete), the Owner/Operator's [Respondent's]
Final Construction Cost Estimate, the Final Operation
and Maintenance Plan, Final Quality Assurance Plan, Final Project
Schedule and Final Health and Safety Plan specifications.  The
quality of the design documents should be such that the Owner/Operator
[Respondent] would be able to include them in a bid package and
invite contractors to submit bids for the construction project.
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                                                                            9902.3
                                   -54-

TASK XIV:  CORRECTB^E MEASURE CONSTRUCTION

Following EPA approval of the final design, the Owner/Operator  [Respondent]
shall develop and implement a construction quality assurance (COA) program
to ensure, with a reasonable degree of certainty, that a completed corrective
measure(s) meets or exceeds all design criteria, plans and specifications.
The CQA plan is a facilityspecific document which must be submitted to
the Agency for approval prior to the start of construction.  At a minimum,
the CQA plan should include the elements, which are summarized below.
Upon EPA approval of the CQA plan the Owner/Operator [Resondent] shall
construct and implement the corrective measures in accordance with the
approved design, schedule and the CQA plan.  The Owner/Operator [Respondent]
shall also implement the elements of the approved Operation and Maintenance
plan.


A.  Responsibility and Authority

    The responsibility and authority of all organizations (i.e. technical
    consultants, construction firms, etc.) and key personnel involved
    in the construction of the corrective measure shall be described
    fully in the CQA plan.  The Owner/Operator [Respondent]  must identify
    a COA officer and the necessary supporting inspection staff.

B.  Construction Quality Assurance Personnel Qualifications

    The gualifications of the CQA officer and supporting inspection
    personnel shall be presented in the CQA plan to demonstrate that
    they possess the training and experience necessay to fulfill their
    identified responsibilities.

C.  Inspection Activities

    The observations and tests that will be used to monitor the construction
    and/or installation of the components of the corrective measure(s)
    shall be summarized in the CQA plan.  The plan shall include the
    scope and frequency of each type of inspection.  Inspections shall
    verify compliance with all environmental requirements and include,
    but not be limited to air quality and emissions monitoring records,
    waste disposal records (e.g., RCRA transportation manifests),  etc.
    The inspection should also ensure compliance with all health and
    safety procedures.  In addition to oversight inspections, the Owner/
    Operator [Respondent]  shall conduct the following activities:

    1.   Preconstruction inspection and meeting

        The Owner/Operator [Respondent]  shall conduct a preconstruction
        inspection and meeting to:

        a.  Review methods for documenting and reporting inspection data;

        b.  Review methods for distributing and storing documents  and reports;
-------
                                                                           9902.3

                                   -55-

        c.  Review work area security and safety protocol;

        d.  Discuss any appropriate modifications of the construction quality
            assurance plan to ensure that site-specific considerations are
            addressed; and

        e.  Conduct a site walk-around to verify that the design criteria,
            plans, and specifications are understood and to review material
            and equipment storaqe locations.

    The preconstruction inspection and meeting shall be documented
    by a designated person and minutes should be transmitted to all
    parties.

2.  Prefinal inspection

    Upon preliminary project completion Owner/Operator [Respondent]
    shall notify EPA for the purposes of conducting on prefinal inspection.
    The prefinal inspection will consist of a walk-through inspection of
    the entire project site.  The inspection is to determine whether the
    project is complete and consistent with the contract documents and
    the EPA approved corrective measure.  Any outstanding  construction
    items discovered during the inspection will be identified and noted.
    Additionally, treatment equipment will be operationally tested by the
    Owner/Operator [Respondent].  The Owner/Operator [Respondent] will
    certify that the equipment has performed to meet the purpose and
    intent of the specifications.  Retesting will be completed where
    deficiencies are revealed.  The prefinal inspection report should
    outline the outstanding construction items, actions required to
    resolve items, completion date for these items, and date for final
    inspection.

3.  Final inspection

    Upon completion of any outstanding construction items, the Owner/
    Operator [Respondent] shall notify EPA for the purposes of conducting
    a final inspection.  The final inspection will consist of a walk-through
    inspection of the project site.  The prefinal inspection report will
    be used as a checklist with the final inspection focusing on the
    outstanding construction items identified in the prefinal inspection.
    Confirmation shall be made that outstanding items have been resolved.


D.  Sampling Reguirements

    The sampling activities, sample size, sample locations, frequency of
    testing, acceptance and rejection criteria, and plans for correcting
    problems as addressed in the project specifications should be presented
    in the CQA plan.
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                                                                           9902.3


                                   -56-
E.  Documentation
    Reporting requirements for COA activities shall be described in detail
    the COA plan.   This should include such items  as daily  summary reports,
    inspection data sheets,  problem identification and corrective measures
    reports, design acceptance reports, and final  documentation.   Provisions
    for the final  storage of all records also should be presented in the  CQA
    plan.
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                                                                            9902.3
TASK XV:  REPORTS
The Owner/Operator [Respondent] shall prepare plans, specifications, and
reports as set forth in Tasks XII throuagh Task XV to document the design,
construction, operation, maintenance, and monitoring of the corrective
measure.  The documentation shall include, but not be limited to the
following:

A.  Progress

    The Owner/Operator  [Respondent]  shall at a minimum provide the EPA
    with signed, [monthly, bimonthly] progress reports during the design
    and construction phases and [semi-annual]  progress reports for
    operation and maintenance activities containing:

    1.  An description and estimate of the percentage of the CMI completed;

    2.  Summaries of all findings;

    3.  Summaries of all changes made in the CMI during the reporting
        period;

    4.  Summaries of all contacts with representative of the local community,
        public interest groups or State government during the reporting period;

    5.  Summaries of all problems or potential problems encountered during
        the reporting period;

    6.  Actions being taken to rectify problems;

    7.  Changes in personnel during the reporting period;

    8.  Projected work for the next reporting period; and

    9.  Copies of daily reports, inspection reports, laboratory/ monitoring
        data, etc.

B.  Draft

    1.  The Owner/Operator [Respondent] shall submit a draft Corrective
        Measure Implementation Program Plan as outlined in Task XII;

    2.  The Owner/Operator [Respondent] shall submit draft Construction
        Plans and Specifications, Design Reports, Cost Estimates, Schedules,
        Operation and Maintenance plans, and Study Reports as outlined in
        Task XIII;

    3.  The Owner/Operator [Respondent] shall submit a draft Construction
        Quality Assurance Program Plan and Documentation as outlined in
        Task XIV, and
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                                                                            9902.3
                                   -58-

        At the "completion" of the construction of the project, the Owr.er-
        /Operator  [Respondent] shall submit a Corrective Measure Implementation
        Report to the Agency.  The Report shall document that the -project
        is consistent with the design specifications, and that the corrective
        measure is performing adequately.  The Report shall include, but
        not be limited to the following elements:

        a.  Synopsis of the corrective measure and certification of the design
            and construction;

        b.  Explanation of any modifications to the plans and why these
            were necessary for the project;

        c.  Listing of the criteria, established before the corrective
            measure was initiated, for judging the functioning of the
            corrective measure and also explaining any modification to
            these criteria;

        d.  Results of facility monitoring, indicating that the corrective
            measure will meet or exceed the performance criteria; and

        e.  Explanation of the operation and maintenance (including
            monitoring) to be undertaken at the facility.

        This report should include all of the daily inspection summary
        reports, inspection summary reports, inspection data sheets,
        problem identification and corrective measure reports, block
        evaluation reports, photographic reporting data sheets,  design
        engineers' acceptance reports, deviations frcm design and material
        specifications (with justifying documentation) and as-built
        drawings.
C.  Final
    The Owner/Operator [Respondent]  shall finalize the Corrective Measure
    Implementation Program Plan, Construction Plans and Specifications,
    Design Reports, Cost Estimates,  Project Schedule, Operation and
    Maintenance Plan, Study Reports, Construction Duality Assurance Program
    Plan/Documentation and the Corrective Measure Implementation Report
    incorporating comments received  on draft submissions.
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                                                                           9902.3
                                   -59-

[THE FOLLOWING FACILITY SUBMISSION SUMMARY MAY BE PLACED IN THE BODY
 OF THE ORDER OR PERMIT AND REMOVED FROM THE SCOPE OF WORK.  NOT ALL OF
 THE ITEMS LISTED BELOW MAY BE REQUIRED AT EACH FACILITY].

Submission Summary

A summary of the information reporting requirements contained in the
Corrective Measure Implementation Scope of Work is present  below:
Facility Submission
Draft Program Plans
     (Task XII)

Final Program Plans
     (Task XII)
Design Phases
     (Task XIII A)
       - Preliminary resign (30% completion)

       - Intermediate Design (60% completion)

       - Prefinal Design (95% completion)

       - Final Design (100% completion)

      (Task XIII B through G)
       - Draft Sufcmittals
       - Final Subrnittals
Additional Studies: Interim Report
     (Task XIII F)

Additional Studies: Final Report
     (Task XIII F)

Draft Construction Quality Assurance Plan
     (Task XTV)

Final Construction Quality Assurance Plan
     (Task XTV)
Construction of Corrective Measure(s)
Prefinal Inspection Report
     (Task XTV)
  Due Date
[ DATE 1


[ NUMBER ]  days after
EPA comment on Draft
Program Plans
[ NUMBER ]  days after
submittal of Final Program Plan
[ NUMBER ]  days after
submittal of Final Program Plan
[ NUMBER ]  days after
submittal of Final Program Plan
[ NUMBER ]  days after
submittal of Prefinal Design

Concurrent with Prefinal Design
Concurrent with Final Design
[ DATE ESTABLISHED PRIOR
  TO FINAL DESIGN        ]

[ NUMBER 1  days after EPA
 comment on Interim Report

Prior to construction
[ NUMBER ] days after EPA
comment on Draft Construction
Quality Assurance Plan

As approved in Final Design
[ NUMBER ] days after
Prefinal Inspection
-------
                                                                           9902.3
                                   -60-
Facility Submission
Draft CMI Report
     (Task XV)

Completion of Construction
Final CMI Report
     (Task XV)

Progress Reports for Tasks XII through XIV

Progress Reports During Operation
and Maintenance
  Due Date
Upon ccmoletion of
construction phase

As approved by EPA in the
Corrective Measure Design

[ NUMBER ]  days after EPA
comment on Draft CMI Report

[ MONTHLY, BI-MONTHLY ]

[ SEMI-ANNUAL]
-------
                                                                            9902.3
                                   -61-

                          ANNOTATED BIBLIOGRAPHY
                                 for the
                          CORRECT!^ ACTION PLAN**


Guidance on Remedial Investigations Under CERCIA; May 1985.

  -  Provides detailed guidance on the information that should be
     collected in performing a CERCLA Remedial Investigation.  This
     document should be consulted in performing the investigation
     portion of the RFI/CMS since most of the RCRA Facility Investigation
     data needs are identical to these in CERCLA.

Guidance on Feasibility Studies Under CERCLA; April 1985.

  -  Provides a framework for developing, screeningt and selecting a
     remedial action under CERCLA.  Most of the techniques described
     are appropriate for the developing, screening, and selection of
     the RCRA Corrective Measures.  However, the management and policy
     objectives presented in the document (i.e. fulfilling the requirements
     of the CERCLA National Contingency Plan) are not appropriate to RCRA
     and should be omitted from the Corrective Measure decisionmaking
     framework.

Chemical, Physical and Biological Properties of Compounds Present at
Hazardous Waste Sites; EPA/OWPE; September 1985.

  -  Provides detailed technical "information of the physical and
     toxicological properties of a wide range of chemicals.  Such
     information should be included in the RCRA Facility Investigation
     and should be used in developing Corrective Measures.

Endanqerment Assessment Handbook;  EPA/OWPE; August 1985.

  -  Provides guidance on developing a CERCLA (or RCRA 7003) Endangerment
     Assessment.  The information presented might be useful in assessing
     health and environmental effects in the RFI/CMS.

Methods for Chemical Analysis of Water and Waste;  EPA-600/4-79-020;
March 1979.

  -  Provides test procedures for monitoring waste discharge water
     supplies, and ambient waters.

Toxicology Handbook - Principles Related to Hazardous_Waste Site Investigations;
EPA/OWPE; August 1985.

  -  Discusses toxicological principles.  Intended as an aid for non-toxicolcgists.
**NOTE:  This is not a complete listing of the Agency guidance which
         may be relevant to the corrective action process.  A number of
         documents are presently under development and have not been included.
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                                                                           9902.3
                                   -62-
Remedial Action at Waste Disposal Sites (Revised);  EPA/625/6-85/006; 1985.

  -  Provides basic reference material on the design and implementation
     of remedial action.  Although the document is geared towards the CERCLA
     RI/FS process, most of the material presented is directly applicable
     to the RCRA Corrective Action Plan.

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods;
SW-846; July 1982.

  -  Provides procedures that should be used to determine whether a waste
     is a hazardous waste as defined by 40 CFR Part 261.

Superfund Remedial Design and Remedial Action Guidance;  February 1985.

  -  Provides guidance on developing remedial design and remedial actions
     at Superfund sites.  Although procedurally focused on satisfying the
     NCP, the document provides useful managerial information for implementing
     RCRA Corrective Measures.

Guidance on Remedial Actions for Contaminated Ground Water at Superfund
Sites; Draft; May 1986.

  -  Provides technical discussions of CERCLA remedial alternative
     screening and case studies which are largely applicable to the
     RFI/CMS.  The guidance is intended to be consistent with EPA's
     Ground Water Protection Strategy and with RCRA.

Construction Quality Assurance for Hazardous Waste Land Disposal Facilities;
EPA/530-SW-85-031; July 1986.

  -  Public guidance on construction guality assurance for hazardous
     waste landfills, surface impoundmenets, and wastepiles.

RCRA Ground-Water Monitoring Technical Enforcement Guidance Document;
Final; EPA/OWPE; September 1986.

  -  Provides guidance on data collection and well spacing and design for
     detection and assessment monitoring of Interim Status facilities.
     This guidance should be consulted in both the RCRA Facility Investi-
     gation and Corrective Measure stages of the RFI/CMS.
-------
Friday
December 19, 1986
Part  IV
Department of  Labor
Occupational Safety and Health
Administration
29 CFR Part 1910
Hazardous Waste Operations and
Emergency Response; Interim Final Rule
-------
45654
Federal Register  /  Vol. 51,  No. 244 / Friday, December  19, 1986  /  Rules and Regulations
DEPARTMENT OF LABOR

Occupational Safety and Health
Administration

29 CFR Part 1910

[Docket No. S-760]

Hazardous Waste Operations and
Emergency Response

AGENCY: Occupational Safety and
Health Administration; Labor.
ACTION: Interim final rule.

SUMMARY: This interim final rule
amends the Occupational Safety and
Health Administration (OSHA)
standards for hazardous materials in
Subpart H of 29 CFR Part 1910 by adding
a new § 1910.120 containing employee
protection requirements for workers
engaged in hazardous waste operations
including emergency response to
hazardous subsfance incidents.
  Coverage includes employees
involved in responses covered by the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 as amended (CERCLA or
"Superfund" Act) [Pub. L 96-510, 42
U.S.C. 9601 etseq, 94 Stat 2767] such as
clean-up of hazardous waste sites,
certain hazardous waste operations
conducted under the Resource
Conservation and Recovery Act of 1978
as amended (RCRA) [Pub. L 94-580, 42
U.S.C. 6901 et seq, 90 Stat 2795), and
emergency response to incidents
involving the handling, processing and
transportation of hazardous substances.
  The issuance of this interim final rule
is mandated by section 126(e) of the
"Superfund Amendments and
Reauthorization Act of 1986" (SARA)
[Pub. L 99-499). The interim final rule
will regulate employee safety and health
at hazardous waste operations and
during emergency response to
hazardous substance incidents until a
final standard, also mandated by section
126 of SARA, is issued by OSHA and
becomes effective. The final OSHA
standard also mandated by section 126
of SARA is the subject of a Notice of
Proposed Rulemaking which will be
published shortly.
DATES: Interim rule effective December
19.1986: various start-up dates have
been established in paragraph (p) of the
standard. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register as of
December 19,1986.
FOR FURTHER INFORMATION CONTACT:
Mr. James F. Foster, U.S. Department of
Labor, Occupational Safety and Health
Administration, Division of Consumer
                            Affairs, Room S-^t220, 200 Constitution
                            Avenue, NW., Washington, DC 20210,
                            202-523-8151.
                              This interim final rule was prepared
                            by Michael B. Moore and Chappell D.
                            Pierce, Directorate of Safety Standards,
                            Office of Fire Protection Engineering and
                            Systems Safety Standards, (202) 523-
                            7225.
                            SUPPLEMENTARY INFORMATION:

                            I. Background
                              On October 17,1986, the President
                            signed into law the "Superfund
                            Amendments and Reauthorization Act
                            of 1986" (SARA) [Pub. L. 99-499]. As
                            part of SARA the Secretary of Labor
                            ("Secretary") is directed to issue an
                            interim final rule within 60 days after
                            the date of enactment, which is to
                            provide no less protection for workers
                            engaged in covered operations than the
                            protections contained in the
                            Environmental Protection Agency's
                            (EPA), "Health and Safety Requirements
                            for  Employees Engaged in Field
                            Activities" manual (EPA Order 1440.2)
                            dated 1981 and the existing OSHA
                            standards under Subpart C of 29 CFR
                            Part 1926.  SARA also directs the
                            Secretary  to issue, within  one year, a
                            final standard under section 6(b) of the
                            Occupational Safety and Health  Act of
                            1970 for the health and safety of
                            employees engaged in hazardous waste
                            operations. SARA further  indicates that
                            certain specific areas of employee
                            protection (i.e., medical surveillance.
                            personal protective equipment, training,
                            and others) contained in section  126(b)
                            are relevant to protect employees
                            engaged in hazardous waste operations.
                              The interim final rule issued today
                            becomes effective immediately and will
                            remain in  effect until one year after
                            issuance of the final OSHA standard,
                            which will be proposed shortly.
                            Congress has clearly directed in  section
                            I26(e) that these interim final rules
                            become effective upon issuance and the
                            standard provides this. Implementation
                            is to commence immediately, however,
                            various start-up dates are set forth in
                            paragraph (p) of the standard which
                            recognize  that full implementation
                            cannot be completed immediately for
                            some provisions. In addition OSHA will,
                            of course,  recognize greater feasibility
                            constraints in the first three  months of
                            the standard and take those constraints
                            into account in enforcement.
                              This interim final rule has been
                            adopted from the language of the EPA
                            manual entitled "Health and Safety
                            Requirements for Employees Engaged in
                            Field Activities" (1981) and the language
                            of OSHA's safety and health standards
                            in Subpart C of 29 CFR Part 1926. The
                            interim final rule also contains language
taken from various documents issued
either jointly or solely by the EPA.
OSHA. the U.S. Coast Guard, and the
National Institute for Occupational
Safety and Health (NIOSH). OSHA has
specifically used the joint OSHA/EPA/
USCG/N1OSH document entitled.
"Occupational Safety and Health
Guidance Manual for Hazardous Waste
Site Activities" (Preamble Reference 6),
as an outline in preparing this interim
rule. This four agency manual has been
developed as a result of the
collaborative efforts of professionals
representing the four agencies. These
professionals, who are knowledgeable
in hazardous waste operations, worked
with over 100 experts and organizations
in the development of the criteria
contained in this manual. The manual
was published in October 1985 and is
public information. The manual is a
guidance document for managers
responsible for occupational safety and
health programs at inactive hazardous
waste sites. The manual is intended for
use by government officials at all levels
and contractors involved with
hazardous waste operations. The
manual  provides general guidance and
is intended to be used as a preliminary
basis for developing a specific health
and safety program for hazardous waste
operations. Further the major subject
areas listed in SARA section 128(b) are
nearly identical to these major chapters
listed in the manual.
  Congress indicated that reasonably
comprehensive protection was intended
for employees at hazardous waste
operations, as discussed below, cover.r.g
more than the minimum requirements
specified in the EPA manual (EPA Order
1440.2) and Subpart C of 29 CFR Part
1926. In  light of the short period of time
Congress directed for issuance of this
standard, OSHA's utilization of
recognized sources of guidance which
have been created by experts in the area
and utilizing the resources of relevant
agencies is appropriate.
  In view of the brief penod given for
the issuance of this document, it may be
necessary to issue minor corrections in
the near future.

II. Summary and Explanation of the
Standard

Paragraph fa}—Scope, Application, and
Definitions

  In paragraph (a)(l). Scope, OSHA has
defined  the scope of the standard to
include:
  (i) Hazardous substance response
operations under the Comprehensive
Environmental Response,
Compensation, and Liability Act of 198°
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          Federal Register / Vol. 51. No.  244 / Friday, December 19. 1986  /  Rules and Regulations     45655
as amended (CERCLA) including initial
investigations at CERCLA sites before
the presence or absence of hazardous
substances has been ascertained:
  (ii) Major corrective actions taken in
clean-up operations under the Resource
Conservation and Recovery Act of 1978
as amended (RCRA)r
  (iii) Operations involving hazardous
waste storage, disposal and treatment
facilities regulated under 40 CFR Parts
264 and 285 pursuant to RCRA except
for small quantity generators and those
employers with less than 90 days
accumulation of hazardous wastes as
defined in 40 CFR 262.34:
  (iv) Hazardous waste operations sites
that have been designated for clean-up
by state or local governmental
authorities; and
  (v) Emergency response operations for
releases of or substantial threats of
releases of hazardous substances and
post-emergency response operations to
such releases.
  Thus this standard will cover
hazardous waste clean-up operations at
CERCLA  sites. RCRA sites, emergency
response  sites and those sites
designated by State or local
governments. It will also cover other
hazardous waste operations, such as
storage, disposal or treatment of
hazardous waste at RCRA facilities.
  OSHA  believes that Congress
intended the interim rule to have a
broad scope and application. This is
indicated by the legislative intent as
reflected in the language of SARA. The
language  of section 126(e) explicitly
states that the Secretary "shall issue
interim final regulations under this
section..  ."(emphasis supplied).  "Under
this section" refers to the entire section
126 of SARA. And. as previously noted.
section 128(a) mandates safety and
health standards for the protection of
employees engaged in hazardous waste
operations. Thus, OSHA believes
Congress intended the interim final rule
to mirror  section 126 and provide
protective provisions to employees
engaged in hazardous waste operations.
  The argument is buttressed further by
the fact that section 128(e) states that
the interim final rule shall provide no
less (emphasis added) protection for
workers employed by contractors and
emergency response workers than the
protection contained in the
Environmental Protection Agency
Manual "Health and Safety
Requirements for Employees Engaged in
Field Activities" and exiting standards
under Subpart C of 29 CFR Part 1926.
The two sources cited in section 126{e)
are not a limitation on the scope of the
interim rule. Rather, this language
establishes the minimum amount of
protective provisions, with the broad
parameters of employee protection
delineated by the remainder of section
126.
  This interpretation is reinforced
because SARA is a freestanding
statutory provision and not an
amendment to CERCLA. The clear
Congressional intent then is to provide
protection to employees whenever they
deal with hazardous wastes.
  The hazards an employee faces at a
RCRA. CERCLA, or emergency response
site are the same hazards. The risk of
exposure is to the same types of
hazardous substances. The scope of the
regulation fulfills the Congressional
mandate: to effectively provide for
employee health and safety at
hazardous waste operations and
emergency response incidents.
  As indicated in the application
provisions, different provisions of the
standard apply to clean-up operations.-
regular hazardous waste operations and
emergency response to take into account
relevant differences.
  Further the term "hazardous waste
operation" is used in section 126(a) of
SARA. "Hazardous waste" is also a
term used in RCRA and there is no
indication from SARA or its legislative
history that RCRA facilities were to be
excluded from coverage by this interim
rule. This is a further reason why OSHA
has included RCRA hazardous waste
operations under the coverage of this
interim final rule. However, small
quantity generators; employers who
have less than 90 days of hazardous
waste accumulation; and solid waste
disposal operations which do not
involve hazardous waste are not
covered by this  interim final rule. Also.
employees at hazardous waste sites
who will not be exposed or do not have
the potential to be exposed to hazardous
substances are not covered by this
interim final rule.
  Emergency response employees who
respond or will respond to incidents
involving hazardous substances are
covered by this  interim final rule. Public
employees of states that have
agreements with OSHA under section 18
of the OSH Act  must issue regulations at
least as effective as these to protect
public employees.
  Municipal or other sanitary landfills
that handle domestic wastes are not
covered. Similar waste paper or scrap
metal operations are generally not
covered because of the type of wastes
they handle. But they could be covered
if they have clean-ups for or handle
hazardous wastes meeting the scope
provisions of the standard.
  Operations with no exposure to on-
site hazardous substances, i.e.. road
building for site access, construction of
on-site or the setting up of temporary
facilities in the clean zone or the closure
of a RCRA site involving the building of
a clay cap over hazard wastes, are
considered to be construction activities
covered by the standards in 29 CFR Part
1926.
  The scope and application provisions
carry out the intent of Congress and are
consistent with good occupational
safety and health policy. Employees
performing clean-up operations under
CERCLA. RCRA (corrective actions) and
post emergency response, generally
those employees likely to have the
highest exposures to hazardous
substances over a longer period, are
covered by virtually all the provisions of
the rule. Employees exposed to
hazardous wastes in routine RCRA
hazardous waste operations, who are
regularly exposed to hazardous wastes
but in a more controlled environment
are covered  by the more limited
requirements of paragraph (o) of the
interim final rule. Emergency response
workers, exposed usually for short
periods to often unknown but possibly
high levels of hazardous substances.
have specific provisions directed
towards this situation.
  In paragraph (a)(2), Application,
OSHA designates the requirements
which  apply to the specific work
activities covered by this interim final
rule. The requirements set forth in
paragraph (1) of this section specifically
apply to the work conducted by
emergency response personnel, such as
fire fighters, emergency medical system
(EMS)  employees and police, when they
respond to hazardous substance
incidents.
  The  requirements set forth in
paragraph (o) of this section specifically
apply to the hazardous waste operations
at RCRA sites  which are involved in
disposal, treatment, storage and
handling of hazardous waste. The
exclusion of small quantity operators
and less than 90-day accumulators
excludes from  coverage by the interim
rule operators  such as dry cleaners and
gas stations which come within the
purview of RCRA but are not hazardous
waste  operators in the normal meaning
of the term. The approximately 4,000
RCRA sites  where reasonably large
quantities of hazardous wastes are
regularly handled, treated and stored
are covered by the rule. This reflects the
legislative intent, meets the normal
meaning of hazardous waste operations
and covers the type of safety and health
hazards that this regulation is designed
to control.
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45656     Federal Register / VoJ. 51. No.  244 / Friday, December 19. 1986  /  Rules and Regulations
  Most of the requirements of the
intern* rote apply to ctMn-ep activities
of hazardous «ufa*tanes*iOrhannfexM!
wastes at CERCLA sites, comctive
actions at RCRA tita*. and eiaan-up
operations of hjoxrdnM svhetances at
emergency inddesta after emergency
response personnel have concluded
their duties.
  The employer must alia comply with
the standard* in 29 CFR Parts 1910 and
1926, as well a* with the requirements
specifically covered ia this interim rule.
If there ia a conflict or overlap, the more
protective provisions are to apply. Since
this interim rule doe* not cover ail of the
hazards present at hazardous waste
operations, other OSHA standards in
Parts 1910 and 1926 apply also. Other
OSHA standards cover  many other
hazards, and OSHA wants to make
clear that the other standards continue
to appty. Also, hazardous waste
operators who are not within the scope
of this standard are covered by the Parts
1910 and 1928 standards.
  In paragraph faj(3). Definitions.
OSHA has derated various terms used
in this roleniaking. The definitions for
hazardous substances and hazardous
wastes hare been taken from the U.S
Environmental Protection Agency (EPA)
and U.S. Department of Transportation
(DOT] regulations. This has been done
to assure consistency and compatibility
between this interim rule and die rules
and regulations of the EPA and DOT.
The remaining definitions have been
taken for the most part from SARA, the
four agency manual (Reference 6) or
existing OSHA standards.
  The term "established permissible
exposure limit" ia defined to give
direction as to the appropriate degree of
protection needed to be achieved by
personal protective equipment and other
similar purposes.

Paragraph (b>—General Requirements
  In  paragraph (b), General
requirements, OSHA sets forth for the
most part a summary of requirements
which are specified in detail in later
paragraphs. The preamble discussion for
later paragraphs sets forth the reasons
for the various provisions. Many of
these requirements are part of the
minimum requirements which Congress
directed OSHA to issue in section 128(el
of SARA. The EPA manual (EPA Order
1440.2) referenced in section 128(eJ
requires extensive training and medical
surveillance programs. Subpart C of 29
CFR Part 192ft also referenced, requires,
in addition, accident prevention
programs (| 1328.20(b)}, use of
appropriate personal' protective
equipment (§ 192R.28), sanitation and
illumination requirements (§§ 1920.28
and 1925.27), provisions on safe
handling of toxic substances (§ 1928.21
(b)(5)J, precautions in confined spaces
(§ 1926.21(b)(6)) and similar provisions.
Congress also directed additional
provisions for the proposed regulation,
which are considered relevant for the
interim regulation. These include
engineering controls, maximum
exposure limits and monitoring,
handling requirements, decontamination
procedures and emergency response.
Based on this comprehensive statutory
direction OSHA believes that the intent
of Congress is to have employers
implement a safety and health program
that will address the recognized serious
hazards to employees involved in
hazardous waste operations. Therefore,
OSHA has incorporated the more
important elements of section 126(b),
along with the mandatory provisions of
section 126(e) of SARA, into this rule.
Each general requirement in paragraph
(b) calls for employer action and directs
the employer to the specific paragraph
of this rule that contains the duties in
greater detail.
  OSHA believes that these
requirements are necessary to assure
adequate employee protection to the
known hazards faced by employees. The
language used in these requirements has
been adapted from the various
documents listed in the Reference
section of this preamble.
  Three of the subparagraphs in
paragraph (b) do not reference other
paragraphs in the regulation. Paragraph
(b)(l) requires the employer to develop a
safety and health program for hazardous
waste operations. Such programs are
part of the requirements mandated by
SARA for the interim rule. Thus, Subpart
C of 29 CFR Part 1928 requires such a
program in § 1926.20(b) and EPA Order
1440.2 requires training in "safety plan
development" (pg. 5). OSHA's
experience also establishes that a safety
and health program is necessary to
protect employees so that hazards are
assessed and control programs are
systematically  laid out. Pnor OSHA
section 6(b) health standards require a
compliance plan to set forth a health
program to protect employees from the
hazard.
  Paragraph (b)(l4) requires compliance
with Subpart P of 29 CFR Part 1926
which covers excavation.  OSHA
considers that those provisions already
apply, but they are singled out because
they are particularly important to
monitor since much excavation activity
occurs on hazardous waste sites.
  Paragraph (b){15) requires employers
to notify contractors and subcontractors
of the hazards identified by the
employer at hazardous waste
operations. Sections 12fifb}(2] and (e) of
SARA indicate Congress's specific
interest in protecting employees of
contractors and in involving contractors
in the safe operation of hazardous waste
sites. This provision assists the
contractor to become aware of the risks
so that the contractor's employees may
be better protected.

Paragraph (cj—Site  Characterization
and Analysis

  For an  effective safety and health
program, which Congress dearly intends
for employees, the employer needs to
know the hazards faced by employees in
order to develop and implement
effective  control measures. Stfe
characterization provides the
information needed to  identify site
hazards and to select employee
protection methods.  The more  accurate,
detailed,  and comprehensive the
information available about a site, the
more the  protective measures can be
tailored to the actual hazards that the
employees  may encounter. Congress
clearly intended that such a requirement
be included. Subpart C of 29 CFR Part
1926 referenced in section 126(e) of
SARA requires "frequent and tegular
inspections of the job site" (29 CFR
1926.20(b)(2)). Also section 126(b)(l) of
SARA provides for site analysis. Also
item #9 of the EPA manual (EPA Order
1440.2) addresses this practice.
  Site characterization generally
proceeds in three phases:
  1. Prior to site entry, gather
information away from the site, conduct
reconnaissance from the site perimeter
and conduct offsite characterization.
  2. Conduct onsite surveys. During this
phase, restrict site entry only to
reconnaissance personnel.
  3. Once the site has been determined
safe for commencement of other
activities, continue monitonng to
provide an updated source of
information about site conditions.
  It is important to recognize that site
characterization is a continuous process.
At each phase of site characterization,
information shall be obtained and
evaluated to define the potential
hazards of the site. This assessment
shall be used to develop a safety and
health plan for the next phase  of work.
In addition to the formal information
gathering that takes  place during the
phases of site characterization
described here, all site personnel should
be constantly alert for  new information
about site conditions. Other
requirements of this  section have been
adopted from reference 6.
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          Federal Register /  Vol. 51.  No. 244  /  Friday. December 19. 1986  /  Rules and Regulations    45657
Paragraph (d)—Site Control.
  As part of the employers' site safety
and health plan, this paragraph requires
the employer to consider site control to
minimize potential contamination of
employees. Several items need to be
considered, such as establishing work
zones, so that employees know the
hazards in different areas and will keep
out of hazardous areas where the
employees' presence is not required. Use
of a buddy system and good site
communications will assist in rescue of
employees who become unconscious,
trapped or otherwise seriously disabled
on site.
  Site control is especially important in
emergency situations. Paragraph (d)
describes the basic components of a
program to control the activities and
movements of employees and equipment
at a hazardous waste site.
  Several site control procedures can be
implemented to reduce employee
exposure to chemical, physical,
biological, and safety hazards. The
degrees of site control necessary
depends on site characteristics, site size,
and the surrounding community. The
site control program should be
established in the planning stages of a
project and modified based on new
information and site assessments
developed during site characterization.
The appropriate sequence for
implementing these measures should be
determined on a site-specific basis.  In
many cases, it will be necessary to
implement several measures
simultaneously.
  The text used in this paragraph has
been adapted from Reference 6. Item 9
of the EPA manual (Order 1440.2)
indicates the need for this. In addition
Subpart C of 29 CFR Part 1926 provides
for regular inspection of job sites so
hazards on the site can be controlled.

Paragraph (e)—Training.
  The interim  final rule includes specific
provisions for initial and review training
of employees before they are permitted
to engage in hazardous waste operations
that could expose them to safety and
health hazards. Both the EPA manual
and 29 CFR 1926.21 and 1926.22 referred
to in section 126(e) of SARA have
training and information requirements.
The EPA manual has specific provisions
for basic, intermediate and advanced
training. It requires 40 hours training for
employees managing uncontrolled
hazardous  waste sites, 24 hours for
employees engaged in routine activities
and 32 hours for intermediate activities.
Additionally, section 126 generally  has
requirements for extensive training
programs. The clear congressional intent
of the interim final rule training
provisions is to provide employees with
the knowledge and skills necessary to
perform hazardous waste clean-up
operations with minimal risk to their
safety and health.
  The provisions for employees include
a minimum of 40 hours of initial
instruction off the site, and a minimum
of 3 days of actual field experience
under the direct supervision of a trained
and experienced supervisor, at the time
of job assignment. This amount of
training is specifically directed by
Congress for the interim final rule by its
reference to the EPA manual which
basically requires this amount of
training for hazardous waste operators
and Congress has specifically imposed
these hour and day requirements under
section 126(d) of SARA for the proposed
final standard. There are slight
differences between the EPA manual
and section 126(c) of SARA. But they are
sufficiently slight  so that OSHA believes
it appropriate to make the interim final
rule consistent with what Congress
directs for the proposed final rule so that
employers need not make minor
modifications to their training programs
after two years.
  In addition there are often many
hazards at a waste site. The employee
needs to be trained to recognize the
hazards and appropriate work practices
to minimize those hazards. The
employee also needs to be well trained
in the use of respirators and other forms
of PPE. Without training those may not
be used effectively and will not provide
adequate protection. An extensive
training program is necessary to achieve
these objectives. The paragraph
specifies these and the other items
needed for effective training to avoid
hazards.
  Managers and supervisors directly
responsible for hazardous waste site
operations are to  receive the same
training as that of employees and at
least eight additional hours of
specialized training on managing
hazardous waste  operations. Since these
people are responsible for directing
others, it is necessary to enhance their
ability to provide guidance and to make
informed decisions. Both the EPA
manual and section 126(e) of SARA
direct eight hours of additional training
for supervisors and managers.
  The provisions also state that
employees shall be retrained on an
annual basis on relevant matters such
as review of health hazards and use of
personal protective equipment.
Employees at hazardous waste
operations face serious health and
safety risks. Reminders are needed of
this and of work practices to avoid
hazards. Personal protective equipment
provides much of their protection. If
there is no retraining in the use, care
and maintenance of said equipment,
such equipment is unlikely to be utilized
in a manner to provide adequate
protection. The regulation provides for
eight hours of annual retraining. The
EPA manual for refresher training (item
#10) requires this amount of training.
   In all areas of training, whether it be
for general site employees, on-site
supervisors  or for the use of specific
equipment, the level of training provided
needs to be  consistent with the worker's
job function and responsibilities.  The
training information should be presented
clearly  and, as a further safeguard,
refresher training should be supplied to
reemphasize the initial training and to
update  employees on any new policies
or procedures.
   A less detailed training provision is
provided for employees working  at
routine operation on RCRA sites. Those
sites will have more stable working
conditions and the hazards will be
better identified and more carefully
controlled. Therefore OSHA believes
not as extensive training is needed for
those employees for the interim rule.
OSHA  specifies 24 hours for the
required training based on the EPA
.manual which specifies this as the  basic
level of training for most routine  field
activities. OSHA in the proposal
document will request comment whether
this or a greater amount of training is
appropriate for the permanent rule.

Paragraph (f)—Medical Surveillance

   The interim final rule both includes
specific provisions for baseline and
periodic medical examinations. The EPA
manual referred to in section 126(e) of
SARA has requirements for both initial
or baseline  and periodic medical
examinations. The examinations are to
be provided to those routinely exposed
 to hazardous substances, to those whose
duties are physically taxing and  those
who routinely wear respirators. In
 addition section 126(b) provides  that
 routine medical examinations are to be
provided to workers engaged in
 hazardous waste operations. Although
 the language is slightly different, the
 clear intent is to provide a
 comprehensive medical surveillance
 program for employees engaged  in
 hazardous waste operations where it is
 medically prudent.
   The paragraph states medical
 surveillance is to be provided to
 employees  who have been or are
 expected to be exposed to hazardous
 substances or health hazards above
 established permissible exposure limits
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4565B     Federal Register /  VoL  51. No. 244 / Friday, December  19, 1966 / Rules  and Regulations
for 3Q ox-more days in a li-moaiii period
or who wear respirators 3fl dayg during
the year. These are.the employee* who
will be at greater hea!th.askand
employees, who wear respirators need to
be examined to detemiae-whether they
can safely do so as a routine matter.
Some dividing lina is needed, because
employees who might be present on a
hazardous waste site only a few days a
year or working in areas such as offices
or the periphery where exposures are
low would not normally benefit from
medical surveillance as their likely
cumulative exposures to toxic chemicals
would be very low probably not
significantly higher than the general
population. The EPA manual indicates
some dividing line is appropriate
because it directs medical surveillance
only for employees "routinely" exposed
  Wearing respirators for any part of
each of 30 days will require medical
surveillance because it indicates routine
exposure lo toxic chemicals. There is no
requirement that there be 240 hours of
respirator use before medical
surveillance is required. Similarly being
exposed over established safe levels to
several chemicals each for  less than 30
days but totalling more than 30 days pet
year requires  medical surveillance. This
indicates routine exposures to
hazardous substances and aiso
combinations of chemical*  may cause
synergistic effects creating  greater
health hazards than an individual
chemical.
  OSHA has based many of the details
of medical surveillance on its
experience in issuing health standards
under section 6(b) of the OSH Act and
as directed by section 6{bJ{7) of the Act.
Congress would be knowledgable that
medical surveillance requirements in
these standards represent OSHA's
expert judgement of what is an
appropriate medical surveillance
program.
  The appropriate medical tests and
examinations depend on the substances
an employee is exposed to  and whether
the employee wears a respirator. As
employees, on hazardous waste  sites
will be exposed to differing substances,
the paragraph, can not specifically state
the required tests. Consequently the
paragraph, states that lite employer
provide to the physician information on
exposures, respirator uaa. ami duties on
the site. The physician is then to
determine the appropriate medical
surveillance protocol in terms of specific
tests and examinations. By the employer
specifying duties tha physician also can
judge whether the employee can handle
the arduou&ness of the work.
  In situations where most of the
employees oil the site have similar
exposures the protocol may b« similar
for ail employee*. Where different
groups of employee* on the site have
substantially different exposures,
several different protocols may be
appropriate for the site's workers
depending oa exposures.
  There are a number of sources, for
guidance oa specific medical
examination protocols. Chapter 5 of
Reference 8 provides such guidance by
groups of chemical* likely to be present
on a site. It references other authorities.
The manual should be supplied to the
physician. It is also a basis for the
medical surveillance program required
by this paragraph. In addition, the EPA
medical monitoring program guidelines
referenced by the EPA manual provides
guidance on specific protocols.
  The paragraph requires an initial or
baseline medical examination either
prior to the start up date for employees
who are currently working at hazardous
waste sites or prior to initial assignment
to an area where medical examinations
will be required. The purpose is to take
a detailed medical history and where
possible develop a health baseline prior
to any exposures so as to be able to
evaluate changes which may be
connected to hazardous substance
exposures. In addition the initial
examination will permit evaluation of
whether the employee can appropriately
wear respirators and  whether the
employee has preexisting conditions
which would make exposure to
hazardous substances inappropriate. An
initial examination has been required by
other OSHA health standards and is
recommended in Reference 6.
  The physician must be informed of
what type of respirators and personal
protective equipment an employee is
likely to wear. The medical examination
is to include appropriate tests to
evaluate the employee's abihly to wear
respirators and PPE.
  The physician will also specify the
protocol of the periodic examinations.
These may be different from the initial
examination, for example, only an
updated medical history would be
required. The periodic examinations are
required yearly. OSHA's experience in
other health standards has been that
this is an appropriate period and it is
also recommended by Reference 6.
EPA's medical monitoring program
guidelines cross referenced in the EPA
manual recommends baseline annual
examination generally and a termination
examination. It is reasonable to
determine periodically whether
exposures have brought medical
changes and to identify conditions
caused by chemicals  at an early stage to
permit more effective treatment. In some
circumstances, the physician may
advise more frequent examinations.
  Examinations are also to be provided
when the employee brings to the
employer's attention signs or symptoms
indicating possible overexposure to
hazardous substances. The employee is
to be trained in recognizing what
symptoms may indicate substances to
which the employee is exposed.
Examples may be dizziness or rashes.
Examinations are also required, when
medically appropriate, during
emergencies when exposure to higher
levels is possible. For example, a
urinary phenol test is appropriate for
employees exposed to high levels of
benzene in an emergency.
  Finally, a medical examination is
required for employees who have been
required to have medical examinations
upon termination of employment or
reassignment to an area where medical
examinations are not required. This is to
detect conditions which have developed
prior to departure and is recommended
by the EPA program.
  The medical examination is to be
provided under the supervision of a
licensed physician, i.e., the person must
be qualified to make medical
judgements. As provided by section
6(b){7) of the OSH Act. the employer is
to pay the cost of the  examination.  In
addition provisions are included so that
the employee is not discouraged from
taking the examination. The exam is to
be given at a reasonable time and place.
If given during regular working hours the
employee shall receive the employer's
normal pay for that time. If the exam is
given outside regular  working hours, the
employee shall be paid his regular
wages for the time spent taking and
waiting for the examination.
  The physician shall make a report to
the employer of medical conditions
which may make the  employee at
increased risk to work at the site and
any recommendations on limitations on
use of respirators and other PPE as a
result of the medical conditions. This
will provide guidance for the safe
employment of the employee at the site.
The physician shall not reveal diagnosej
or conditions unrelated to employment,
but shall inform the employee directly of
those conditions and  any and all
occupadonally related conditions.
  The medical paragraph requires that
appropriate records be kept to assist in
future evaluation of the employee's
health. Secondarily, this information
may assist in research on occupational
related disease. Records should be kept
pursuant to the provisions of 29 CFR
1910.20. Full consideration was given in
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           Federal Register / Vd. 51. No. 244  / Friday. December I9_ 1986 f Ruks, and Regulations.    45659
that standard to* appropriate retention
periods.

Paragraph fgj^-EagiaeefMg Controls,
Work Practices, and Personnel
Protective Equipment

  Anyone entering a hazardous waste
site must be protected against pofenfiai
hazards. The purpose of engineering-
controls, wwk practices, and PPE is to
shieW or isolate individuals from the
chemical, physical, and bfofogie hazards
that may be encottitfered1 af a hazardous
waste site. Careful selection and use of
adequate engineering1 controls; work
practices and PPE should protect any
employee from health and many other
hazards including hazards' to the
respiratory system, skin-, eyes1, face,
hands, feet, head, body, and hearing.
  Requirements of both Sobpert C of 29
CFR Part 192&and the EPA manual
mandated to be included" in the standard'
by Congress cover the provision and use
of persona* protective- equipment. See
for example, 29 CFR 1929.28 and items
7(a), 9fa)f7J and 9fb)f 2} of the EPA
manual. In addition existing- OSHA
regulations which apply to- hazardous
waste operations, in 29CFR Part 1910,
Subpart Z require exposures- to various
toxic and hazardous substances to be
controlled with engineering controls if
feasible, otherwise with PPE. These
requirements apply now to employers
and workers on Superfwid sites
pursuant to EPA regulations in 40 CFR
Part 300. Finally, Congress specified in
section I26(b) that there should be both
PPE and engineering control provisions
for the permanent final standard.
  Paragraph (g)(l) basically carries over
the existing requirements of Subpart Z.
OSHA regulated toxic and hazardous
substances are to be controlled to the
permissible exposure limit if feasible. If
not feasible they are to be controlled
with PPE
  Paragraph (g)(2) provides that to
achieve established permissible
exposures limits for substances not
regulated by OSHA, the employer may
use an appropriate combination of
engineering controls, work practices,
and PPE. As these are interim
regulations, preference for engineering
controte where not already required
would not be appropriate because of the
limited time frame of this regulation and
 the frequent inability to install such
controls in a short period. In addition it
 is OSHA's experience that this is an
 appropriate approach, based on the
 emergency temporary standards it has
 issued which are also in effect for a
 limited period. OSHA will ask for
 comment in these areas in the proposal
 document.
   Examples of engineering controls
 which may be feasible are pressurized
 cabs oa materials handling equipment or
 pressurized control rooms in materials.
 handling areas* However, in many cases
 personal protective equipment will be
 the only feasible means for providing
 protection to employees engaged in
 hazardous waste operations. The
 selection of personal protective
 equipment (PPE] must be based on the
 information obtained during the site
 characterization and analysis, as is
 required by paragraph- fg-}{3)fr) of this
 standard. Once  an estimate of the types
 of hazards, and their potential
 concentration has been obtained,  the
 proper respirators and protective
 clothing can be selected based on the
 performance characteristics of the PPE
 relative to the site hazards and work
- conditions, as is required by paragraph
 (gj(3)(ii) of the standard. These
 requirements are derived from
 Reference 6 and are also supported by a
 NIOSH document, "Personal Protective
 Equipment for Hazardous Materials
 Incidents: A Selection Guide." These
 two document also support the
 requirements of paragraphs (g)(2](iii)
 and (g)(2)(iv) which require positive
 pressure respirators with escape
 provisions to be used in IDLH
 atmospheres and totally-encapsulating
 chemical protective suits to be used
 where contact of the skin by the
 substance would bean IDLH situation.
   Proper respirator selection, as
 required by this standard and 29 CFR
 1910.134, involves providing a sufficient
 protection factor through the type of
 respirator used, respirator fitting, work
 site conditions,  and respirator selection
 and use program. Proper protective
 clothing selection, as required by this
 standard, involves  choosing protective
 clothing made of materials and
 construction which will prevent
 breakthrough of hazardous substances
 by permeation and penetration, or
 reduce the level of exposure to a safe
 level dunr.g the employee's duration of
 contact. Information on the performance
 characteristics of PPE is available in test
 reports and manufacturer's literature.
 Appendix B provides non-mandatory
 guidelines on classifying substance
 hazards as four levels (A, B, C, and D),
 and matching four levels of appropriate
 protection provided by different
 protective ensembles. These guidelines
 may be used as a basis for protective
 clothing selection, and the selection
 further refined when more information is
 obtained, as provided for in paragraph
 (g)(2)(v) of the standard. (In certain
 circumstances,  this standard does
 specify the appropriate level of
protection. See paragraph (cj(4)(ui)j.
Paragraph fg)(3)(vi} cross reference the
existing requirements to select and use
PPE pursuant to the requirements of 29
CFR 1910. Subpart I.
  Paragraph (gj(4.) requires totally-
encapsulating suit materials used for
Level A protection (the highest level of
protection) to provide protection from
the specific hazards which, have been,
identified as requiring that level of
protection. The purpose of this
requirement is to be certain that the suit
selected is comprised of raatenais which
will provide the necessary protection.
since no one material will pravid«
protection from all hazards. Paragraphs
(g)(4)(ii) and (g)(4)(iii) require totally-
encapsulating suits to be capable of
maintaining positive air pressure to hefp
prevent inward leakage of hazardous
substances, and to be capable of
preventing, inward gas leakage of more
than 0.5 percent. These requirements.
which are based on testing of totally-
encapsulating suits, are included  to
establish a minimum level of suit
performance so that their level of
protection can be quantified for proper
selection. The example test methods in
Appendix A for totally-encapsulating
chemical protective suits were taken
from, draft American Society for Testing.
and Materials committee documents.
  Paragraph (g)(5) requires a PPE
program to be established. This,
requirement is based upon reference 8.
29 CFR 1926.28, EPA manual items 4 and
7(g), and is included, since, tn most
cases. PPE will be the only protection
feasible for employee protection, and
because the amount of protection
afforded by PPE is  dependent upon so
many factors, such as selection, fit. wcrk
duration and conditions, and
decontamination. The PPE program is
required to insure that the level of
protection afforded by PPE is sufficient
and continues to be sufficient for
employee safety during hazardous
waste operations.
Paragraph (hi—\fonitaring

   It is essential that employers be
provided  with accurate information on
employee exposures in order to
implement the correct PPE. engineering
controls, and work practices. Airborne
contaminants can present a significant
threat to employee safety and health.
Thus, identification and quantification
of these contaminants  through air
monitoring is an essential component of
a safety and health program at a
hazardous waste site. Reliable
measurements of airborne contaminants
are useful for selecting personal
protective equipment, determining
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45660     Federal Register  /  Vol. 51.  No. 244  /  Friday.  December 19.  1986 / Rules and Regulations
whether engineering controls can
achieve permissible exposure limits and
which controls to use, delineating areas
where protection is needed, assessing
the potential health effects of exposure,
and determining the need for specific
medical monitoring. As mentioned
above, section 126(e) of SARA mandates
the use of PPE by its direction that at a
minimum the requirements of the EPA
manual and Subpart C be followed.
Those include requirements for use of
PPE. But PPE cannot be effectively used
unless monitoring has identified the type
of PPE to be used. This is a further
reason to include this provision in  the
interim final rule.
  The language of this paragraph was
adapted from reference 8.

Paragraph (i)—Informational Programs

  In paragraph (i). Informational
Programs. OSHA is requiring employers,
as part of their safety and health
program, to develop and  implement a
site specific safety and health plan for
each hazardous waste operation site.
  The site safety and health plan shall
be developed by the employer, utilizing
the other parts of the organizational
plan and the employer's safety and
health program. The site  safety and
health plan will address the anticipated
safety and health hazards of each work
operation or activity and the means to
eliminate the hazards or  to effectively
control them to prevent injury or illness.
  This site safety and health  plan is to
include: (1) The names of those
responsible for assuring that safe and
healthful practices and procedures are
followed on the whole site; (2) risk
analysis or systems analysis for specific
work tasks or operations on the site; (3)
employee training assignments both off
site and on-the-job-trainmg on site; (4)
the list of required personal protective
equipment needed for each work task
and operation on site; (5) the  employer's
medical surveillance program for the
site:  (6) the methods for identification
and characterization of safety and
health hazards on the site including the
monitoring procedures that will be done
throughout the work on site; (7) site
control measures including those for
establishing work zones on the site; (8)
the necessary decontamination
procedures which are matched to the
kinds of anticipated contaminants to be
cleaned from employees  and  equipment;
(9) the standard operating procedures to
be used by employees on site; and (10)
the contingency plan for  emergencies
and confined space entry procedures.
Safety meetings and briefings and  site
inspections shall also be mentioned in
the plan as well as the procedures to be
followed in changing or modifying the
plan.
  The site safety and health plan is
necessary to protect employee health.
There are many hazards at a hazardous
waste operation which need to be
determined and addressed. The plan
provides that this will be done in a
systematic manner so that hazards will
not be missed and so that needed
protective action will not be overlooked.
The approach used has  be adapted from
reference 6.

Paragraph (]}—Handling Drums  and
Containers
  The handling of drums and containers
at hazardous waste sites poses one of
the greatest dangers to hazardous waste
site employees. Hazards include
detonations, fires, explosions, vapor
generation, and physical injury resulting
from moving heavy containers by hand
and working around stacked drums,
heavy equipment, and deteriorated
drums. While these hazards are  always
present, proper work practices can
minimize the risks to site personnel.
Handling and storage of hazardous
substances is addressed in item  (a) of
the EPA manual.
  Containers are handled during
characterization and removal of their
contents and during other operations.
Many of the hazards encountered during
the handling of drums occur during the
handling of containers. The relative size
of a container when compared to the
size of a drum is no indication of the
degree of hazard posed  by the container.
They should be treated  in accordance
with the level of hazard posed by their
contents not by their size. The language
used in this paragraph was adapted
from Reference 6.
Paragraph (k)—Decontamination
  As part of the care of PPE required by
this standard, decontamination is a
necessary practice to properly protect
those employees who may be exposed
to hazardous substances.
Decontamination provisions protect an
employee from being exposed to
hazardous substances which would
otherwise be  on the employee's PPE
when it is removed. The standard
requires that a decontamination plan be
developed and implemented before any
employees or equipment may enter
areas on site where potential for
exposure to hazardous substances
exists.
  As required by the standard,
decontamination procedures and areas
shall be developed to minimize
hazardous exposures to employees
whose equipment and PPE are being
decontaminated, as well as to
employees who are assisting in the
decontamination of workers and
equipment. These measures are required
since without proper procedures and
decontamination areas, employees may
be unknowingly exposed to hazardous
substances which have contacted, or
otherwise adhered to equipment and
clothing. The standard also requires that
all employees, clothing, equipment and
decontamination fluids and equipment
be decontaminated or disposed of
before leaving a contaminated area.
These provisions are required so that
contaminated persons and materials do
not leave the "hot zone" and thereby
expose other employees and persons to
hazardous substances.
  Decontamination methods and
cleaning fluids must be matched to the
particular hazardous substance at the
site in order  for the decontamination
procedures to be effective in removing
the hazards from PPE and other
equipment. No one decontamination
fluid will be  effective for all hazardous
substances. As required by the standard
the decontamination program must be
effective and it must be monitored by
the site safety and health officer to
maintain its  effectiveness. These
requirements are included so that
employees are not exposed to hazardous
substances by reusing PPE and other
equipment which are  still contaminated."
  The-language used  in this paragraph
was adapted from reference 6.

Paragraph (IJ—Emergency Response

  Section 126{e) of SARA specifically
discusses protecting "emergency
response workers." in addition in the
EPA manual under items 4 and 9 and m
29 CFR 1926.23 and 1926.24 call for
preparations and planning for
emergencies. Congress made its intent
clear that emergency  planning and
response is an important part of any
emplojer's safety and health program
and indicated  that it is to be addressed
in the interim final rule.
  In paragraph (1)(1),  Emergency
Response. General, OSHA is requiring
employers covered in paragraph
(a)(2)(n).  who are involved in hazardous
waste operations, as part of their on-site
contingency  planning to develop and
implement an emergency response plan.
These employers are  to inform all their
employees on  the waste site about the
emergency response plan. The plan is to
be available for use prior to the start of
work on the  site. The plan will be a part
of the site safety and  health plan. The
elements of the emergency response
plan will include: (1) Recognition of
emergencies; (2) methods or procedures
for alerting employees on site: (3)
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           Federal Ragistet /  VoL  51. Ncr. 244 /  Friday,  December 13,  1986 / Rules  and  Regulations     45661
evacuation procedures and routes to
places of refuge or safe distances away
from the danger area; (4j means ami
methods for emergency medical
treatment and first aid! (5J line of
authority for employees; and (efort-site
decontamination procedures; site
control means and methods for
evaluating the plan.
  Employers whose employees will be
responding to hazardous substance
emergency incidents from their regular
work location or duty station, such as a
fire department, fire brigade ot
emergency medical service, will also be
required to have an emergency response
plan. These employees which may be
called upon to respond to hazardous
substance emergency incidents
involving a railroad tank car, motor
carrier tank truck or to a plant location;
are considered off-site emergency
response activities under this section.
The emergency response plan is to
include the incident command system
required in paragraph (1}(3) of this
section.
  In paragraph (1)(2), Hazardous waste
operations, art-site emergency response*
OSHA is requiring the training of on-site
emergency response personnel to have
the same basic training as for the other
employees involved in on-site hazardous
waste operations plus the training
needed to develop and retain the
necessary skills for anticipated
emergency response activities. Also,  the
procedures for handling hazardous
substances an-site emergency incidents
are to be oriented to the specific site and
made a part of the emergency response
plan.
  The requirement of paragraphs (1)[3)
and (11(4) apply more  broadly to all
employers whose employees respond to
off-site emergency incidents. In
paragraph (11(3). Off-site emergency
response. OSHA is mandating that
employers, such as fire departments,
emergency medical and first-aid squads,
fire brigades, etc., con-duct monthly
training sessions for their employees
totalling 24 hours annually.
  Vote.—OSHA does not have jurisdiction
over stale and local government employees,
OSHA state plan states must issue
regulations as effective as these to cover
state and local government employees m the
state.

  Training activities, such as breathing
apparatus use. training, hose handling
and preplanning may be used as training
subjects  for the monthly sessions
provided hazardous substance incident
operations are included in the
presentation, discussion or drill. These
training sessions and drills must involve
at least 24 hours of training on an
annual: basis.
  The incident command system shall
be established by these employers for
the incidents that will be under their
control and shall be interfaced with the
other organizations or agencies who
may respond to such an incident. The
National Transportation Safety Board.
as a  result of its investigation of
hazardous materials incidents, has
consistently recommended that better
state and local emergency response
planning be done to reduce the loss of
life and property and that a system
using a command post and on-scene
commander be implemented. [See
Special Investigation Report. On-scene
Coordination Among Agencies at
Hazardous Materials Accidents, NTS8-
HZM-79-3, September 13, 1979; and
Multiple Vehicle Collisions and Fire,
Caldecott Tunnel near Oakland,
California, NTSB/HAR-83/01. National
Transportation Safety Board,
Washington. DC. April 7, 1982, for
further information.) Where  available.
state and local district emergency
response plans shall be utilized in
developing the incident command
system and the emergency response
plan to assure  compatability with the
other emergency responding agencies or
employers.
  In paragraph (1)(4), Hazardous
materials teams, OSHA is requiring
employers, who utilize specially trained
teams involved in intimate contact with
controlling or handling hazardous
substances, to provide special training
for the affected employees in such areas
as care and use of chemical protective
clothing, techniques and procedures for
stopping or controlling leaking
containers and decontamination of
clothing and equipment for anticipated
hazardous substance incidents. The
employer is to make available to each
team member a physical examination by
a licensed physician and to implement a
medical surveillance program in
accordance with the requirements of
paragraph (f) of this section.
   In paragraph (1){5), OSHA is requiring
employers covered in paragraphs fa)(2)
(i) and (11} of this section, who will be
involved in cleaning up hazardous waste
after the emergency response activities
are concluded, to comply with the same
requirements that apply to others
involved with hazardous waste clean-up
operations. These hazardous waste
clean-up operations will be  typically
done by special contractors and not by
those agencies involved in responding to
the  initial emergency incident.
Paragraph fm}—Illumination
  OSHA is required by SARA in section
126(e] to cover lighting of the worksite.
In paragraph (m). Illumination. OSHA
requires certain minimum illumination
levels for work areas that are occupied
by employees. Section 126(e) of SARA
requires as a minimum the inclusion of
the requirements of Subpart C of 29 CFR
Part 1926. Section 1926.26 of that
Subpart requires the amount of
illumination set forth in this paragraph.
Paragraph (n)—Sanitation for
Temporary Worksites
  In paragraph (n), Sanitation for
temporary worksites, OSHA sets
minimum requirements for potable and
non-potable water  supplies, toilet
facilities, and other areas related to
sanitation at temporary workplaces.
OSHA is mandated by SARA in section
I26(e) to include sanitation requirements
in the interim final  rule since it requires
the incorporation of provisions of
Subpart C.
Paragraph (o)—Operations Conducted
Under the Resource Conservation and
Recovery Act of 1976 (RCRA)
  OSHA is providing a separate
paragraph for operations conducted at
worksites involving hazardous waste
storage, disposal and treatment
operating under the Resource
Conservation and Recovery Act of 1976
(RCRA). This separate paragraph of
requirements is appropriate because
RCRA site  operations, (not including
major corrective actions and their
associated hazards which are like
CERCLA sites and are covered by the
mam part of the standard) generally are
different from the operations and
hazards found or. a CERCLA clean-up
site. For example. RCRA sites covered
by this paragraph tend for the most part
to be fixed on-going operations
invoking the receiving, processing,
storage, treatment, and disposal of
hazardous  wastes  or substance from
ourside sources. CERCLA sites on the
other hand are  temporary emergency
clean-up operat.ons involving often
undefined and substantial quantities of
hazardous substances.
  Consequently hazards should be
better controlled and more routine and
stable for the RCRA sites covered by
this paragraph  and so less extensive
requirements are appropriate.
Paragraph fp)—Start-up Dates
  Section 126(e) of SARA directs that
these interim final regulations take
effect on issuance. Consequently, these
regulations do become effective on
issuance. However, completion of
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45662     Federal Register  / Vol. 51. No.  244 / Friday. December  19.  1986 / Rules and Regulations
implementation for some provisions is
not feasible immediately. For these
provisions, commencement of
implementation must begin immediately.
but completion of full compliance is
required as soon as possible or feasible
but in no case later than a specified
date, which is no longer than three
months.
  It is OSHA's judgment that all
provisions can be fully implemented by
the periods specified. OSHA also
believes that the immediate
effectiveness  provisions specifically
tipply to the mandatory requirements.
  OSHA does not believe that Congress
intended that work at current hazardous
iv.iste operations stop until
implementation of all requirements can
be feasibly completed. This paragraph
so indicates. However, for  new sites,
these requirements can be  completed in
advance. It is not OSHA's intention that
emergency actions necessary to protect
the public safety and health be
prevented because in a particular
circumstance  it is not feasible to carry
out particular requirements of this
standard in the time needed to respond
to the emergency.

HI. References
  1 Superfund  Amendments and
Reauthonzation Act of 1986 (SARA). Pub L
  'I  Comprehensive Environmental
Response. Compensation and Liability Au of
U'Hti I CERC1.A or 'Superfund"). Pub L 96-
31 1). December 11. 1980. 94 Stat 2767
  3  Rt'M'1'.ri.p Conservation and Reu'vp'y
Act  cf 14~6 1.RCRA). Pub  L. 94-580, Oc. Sober
21 1STB, 90 Stat. 2795.
  4  'Health and Safety Requirements for
t.i'ipioypps Fn&aspd m Field Activities ',
Knvininmencil Protection \gency Order
U-0 2. r S Environmental Protection
A",t  nt\ |ulv 12. 1981.
  ,=•  !M.ijp,irt3 C and D of 29 CFR Part 1926.
  t>   Oi tupational Safet\ and He.il'.h
( , 'i •>;..••< p Manual for Hazardous VX aste Site
V 'A '•*•? ". Occupation,'.1 Safety crd Health
.Vi'-unistration. Environmental Protection
A^eT \ , U S Coast Gutird. and NdUonril
lr.iit''i.!f fur Occupational Safety and Health.
DllttS |\1OSH] Publication No"«5-il5.
Oiiut:ei li'85.

IV.  Regulatory Impact Analysis,
Regulatory Flexibility  Analysis and
Environmental Impact Analysis

  OSHA anticipates that this interim
findl standard will have a significant
impact upon employers and their
employees who work at CERCLA sites
and at some RCRA sites; and who
respond to emergency clean-ups of
hazardous substance spdls. OSHA has
had little time since the enactment of
SARA to collect information concerning
these industries. As a  result,  the
currently available information is
insufficient for OSHA to use to estimate
the potential benefits and costs that
would occur as a consequence of
compliance with this interim final rule.
OSHA is collecting additional
information to be used in conjunction
with the information from the comments
that will be received in response to
publication of the proposed rule
covering hazardous waste operations.
This information will be sufficient for
OSHA to provide a complete Regulatory
Impact Analysis for the final rule that
will govern hazardous waste operations.
  Regulatory Flexibility Act Analysis.
The requirements of the Regulatory
Flexibility Act are not applicable to this
interim final rule, under 5 U.S.C. 603[a),
because notice and comment proposed
rulemakmg under the Administrative
Procedures Act. or any other statute, is
not required.
  Environmental Impact Analysis. The
National Environmental Policy Act
(NEPA) of 1969 (42 U.S.C. 4321 et seq},
as implemented by the regulations (40
CFR Part 1500) of the Council on
Environmental Quality (CEQ), requires
that federal agencies assess their
regulatory actions to determine if there
is a potential for a significant impact on
the quality of the human environment
and, if necessary, to prepare an
environmental impact statement.
  In accordance with these
requirements and DOL NEPA
Compliance Procedures (29 CFR Part 11,
Subpart B. section 11.10(a)(4)). OSHA
has determined that due to  the
compressed rulemaking schedule
imposed by the Congress in issuing the
interim regulation, no environmental
impact statement will be prepared for
this interim rule.
  IP. similar situations, for example,
when an emergency temporary standard
(ETS] has been issued, the courts have
held that NEPA does not require
advance preparation of an
environmental statement for an ETS
(Dry Color Manufacturing Association
v. US. Department of Labor: 486 F.  2d
98.107 [3rd Cir. 1973]). This interim final
standard is similar in nature to an ETS
issued for relatively brief periods for
short nctice pursuant to section 6(c) of
the Occupational Safety and Health Act
of 1970 and section 101(b) of the Federal
Mine Safety and Health Act of 1977. The
DOL NEPA regulations set forth in 29
CFR Part 11. Subpart B. section
1110(a)(4], provide that in these
situations the regulations set forth in 40
CFR Parts 1500 et seq may not be strictly
observable.
  OSHA. however,  will assess the
environmental effects of the proposed
permanent regulation of hazardous
waste sites. The possibility that
increased training related to employee
safety and health protection will also
affect and reduce inadvertent
environmental releases of hazardous
substances at waste sites will be
analyzed. The results of this study will
be available for review and comment
prior to the hearing on the proposed
permanent standard and will be an
appropriate issue for discussion at the
public hearings scheduled for the
proceeding.
  In the interim.  OSHA welcomes arty
comments on any environmental effects
that might occur  as a result  of
promulgation of a rule on hazardous
waste sites.
V. International Trade
  OSHA has preliminarily concluded
that this interim final rule will not
significantly affect international trade.
The firms that will be primarily affected
by this interim final rule deal with
hazardous waste products and are not
involved in international trade. In
addition, the hazardous wastes to be
handled under this interim f'.nal rale are
primarily by. products from previously
manufactured goods and consequently,
any potential costs would not be borne
by the goods that are currently being
traded. Nevertheless, the information
that OSHA is collecting and the
information that will be supplied m
response to the publication  of the
proposed rule covering Hazardous
Waste Operations will be carefully
reviewed and analyzed to establish the
potential impacts of the final rule upon
international trade.
VI. State Plan States
  This Federal Register document adds
an mtenrn final rule (section 1910.120,
"Hazardous \Vaste Operations and
Emergency Response") to existing
Subpart H of 29 CFR Pan 1910, OiHA's
general industry  standards  on
hazardous materials. The 25 States with
their own OSHA approved  occupational
safety and health plans must develop a
comparable standard applicable to both
the private and public (State and local
government employees) sectors within
six months of the publication date of
this interim final rule or show OSHA
why there is no need for action, e.g.,
because an existing state standard
covering this area is already "at least as
effective" as the new Federal standard.
These states are Alaska, Arizona.
California, Connecticut (for state and
local government employees only),
Hawaii, Indiana. Iowa, Kentucky.
Maryland, Michigan. Minnesota,
Nevada, New Mexico, New York (for
state  and local government employees
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           Federal Register /  Vol.  51, No. 244 / Friday, December  19. 1986 / Rules  and Regulations
                                                                      45663
only), North Carolina, Oregon, Puerto
Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Virgin islands,
Washington, and Wyoming. Until such
time as a state standard ia promulgated.
Federal OSHA will provide interim
enforcement assistance, as appropriate,
in these states.

List of Subjects in 29 CFR Part 1910
  Containers, Drums, Emergency
response. Flammable and combustible
liquids. Hazardous materials, Hazardous
substances, Hazardous wastes,
Incorporation by reference. Materials
handling and storage. Personal
protective equipment, Storage areas.
Training, Waste disposal.

VII. Immediate Effectiveness and
Absence of Notice and Comment
  Section 126{e) of SARA specifically
provides that the "Secretary of Labor
shall issue interim final regulations
under this section within 60 days. . ."
after date of enactment. The express use
of the phrase "interim final regulations,"
which in the rulemaking context
commonly describes a rule issued
without notice and comment, in
connection with the extremely limited
time frame provided by this section,
makes clear that Congress intended this
rule to be issued without the time-
consuming process of notice and
comment. The Agency, therefore,
concludes that neither the notice and
comment ruJemaking provisions of the
OSH Act nor those of the
Administrative Procedures Act are
applicable to the issuance of this interim
final rule. The Agency also expressly
finds that "good cause" exists under 5
U.S.C. 553(b)(B) for not providing notice
and comment because notice and
comment procedures, under these
circumstances, would be impractical
and contrary to the public interest.
  Section 126{e) also expressly provides
that "Such interim final regulations shall
take effect upon issuance. . . ." OSHA
finds this specific direction of law
requires the Agency to issue this rule
with an immediate effective date and,
further, constitutes good cause not to
delay the effective data of this rule until
30 days after publication under 5 U.S.C.
553(d).

Authority
  This document has been prepared
under the direction of John A.
Pendergrass, Assistant Secretary of
Labor for Occupational Safety and
Health, U.S. Department  of Labor, 200
Constitution Avenue NW., Washington,
DC. Pursuant to section 126(e) of the
Superfund Amendments and
Reauthorization Act of 1986  (Pub. L
99-499), Sections 6  and 8 of the
Occupational Safety and Health Act  of
1970 (29 U.S.C. 655, 657), Sections 3 and 4
of the Administrative Procedures Act (5
U.S.C. 552(a), 553), and Secretary of
Labor's Order 9-83 (48 FR 35736), 29 CFR
Part 1910 is amended by adding- a new
§1910.120, Hazardous Waste
Operations, as set forth below, effective
December 19,1986.
  Signed at Washington, DC this 16th day of
December 1986.
John A. Pendergrass,
Assistant Secretary of Labor.

PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS

  1. The Authority citation for Subpart
H of Part 1910 is amended by adding the
following:
  Authority: * * * Section 1910.120 issued
under the authority of section 126(ej of the
Superfund Amendments and Reauthorization
Act of 1986 (Pub. L 99-499), Sections 6 and 8
of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655, 657), sections 3 and 4 of
the Administrative Procedure Act (5 U.S.C.
552(a), 533) and Secretary of Labor's Order 9-
83 (48 FR 35736).
  2. Part 1910 of Title 29 of the Code of
Federal Regulations is amended by
adding a new § 1910.120 to read as
follows:
§ 1910.120  Hazardou* waste operation*
and emergency respons*.
  (a) Scope, application, and
definitions.—(1) Scope. This section
covers employers and employees
engaged in the following operations:
  (i) Hazardous substance response
operations under the Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
as amended (42 U.S.C. 9601 et seq)
(CERCLA), including initial
investigations at CERCLA sites before
the presence or absence of hazardous
substances has been ascertained;
  (ii) Major corrective actions taken in
clean-up operations under the Resource
Conservation and Recovery Act of 1976
as amended (42 U.S.C. 6901 et seq)
(RCRA);
  (iii) Operations involving hazardous
waste storage, disposal and treatment
facilities regulated under 40 CFR Parts
264 and 265 pursuant to RCRA, except
for small quantity generators and those
employers with less than 90 days
accumulation of hazardous wastes as
defined in 40 CFR 262.34;
  (iv) Hazardous waste operations sites
that have been designated for clean-up
by state or local governmental
authorities; and
  (v) Emergency response operations for
releases of or substantial threats of
releases of hazardous substances and
post-emergency response operations for
such releases.
  (2) Application, (i) All requirements of
Part 1910 and Part 1926 of Title 29 of the
Code of Federal Regulations apply
pursuant to their terms to hazardous
waste operations (whether covered by
this section or not). In addition the
provisions of this section apply to
operations covered by this section. If
there is a conflict or overlap, the
provision more protective of employee
safety and health shall apply. 29 CFR
1910.5(c)(l) is not applicable.
  (ii) All paragraphs of this section
except paragraph (o) apply to hazardous
substance response operations under
CERCLA, major corrective actions taken
in clean-up operations under RCRA.
post-emergency response operations,
and hazardous waste operations that
have been designated for clean-up by
state or local governmental authorities.
  (iii) Only the requirements of
paragraph (o) of this section apply to
those operations involving hazardous
waste storage, disposal, and treatment
facilities regulated under 40 CFR Parts
264 and 265, except for small quantity
generators and those employers with
less than 90 days accumulation of
hazardous wastes as defined in 40 CFR
262.34.
  (iv) Paragraph (1) of this section
applies to emergency response
operations for releases of or substantial
threats of releases of hazardous
substances.
  (3) Definitions—"Buddy system"
means a system of organizing employees
into work groups in such a manner that
each employee of the work group is
designated to observe the activities of at
least one other employee in the work
group. The  purpose of the buddy system
is to provide quick assistance to those
other employees in the event of an
emergency.
  "Decontamination " means the
removal of hazardous substances from
employees  and their equipment to the
extent necessary to preclude the
occurrence of foreseeable adverse
health effects.
  "Emergency response " means
response to any occurrence which
results, or is likely to result, in a release
of a hazardous substance due to an
unforeseen event.
  ''Establishedpermissible exposure
limit" means the inhalation or dermal
permissible exposure limit specified in
29 CFR Part 1910, Subpart Z, or if none
is specified the exposure limits in
"NIOSH Recommendations for
Occupational Health Standards" dated
September 1986 incorporated by
reference, or if neither of the above is
specified, the standards specified by the
American Conference of Governmental
Industrial Hygienists in their publication
"Threshold Limit Values and Biological
Exposure Indices for 1986-87" dated
-------
4S8S4
«By,
  QBahnn£vCHj<4fi228, fSU} 841-4287
American OnieiBnoe of Governmental
Q
, OH,
  Aim
  48211-4438,
and aw available for inspection and
copying at the O9HA Docket Office,
Dod«tlie.S-7fl& Raom.N-8871, 2H
Cansbtntian Ave., NW., Warinnjtoa.
DCaraa.
  "HaxudauBtndmtrntce" means any
substance daigaBtad w listed under fi)
through (»} below, expoame to which
results onnay result ia adverse effects
on theiBBdA or safety of employees:
  (i) any substance defined under
section 101(14) of CERCLA,
  (ii) any biological agent and other
Hittpflttp-fifliiffij^g afifint a* defined ia
section 104(a^2) of CERCLA,
  (ili) any substance listed by the U.S.
Department of Transportation and
regulated as hazardous materials under
49 CFR T72.T01 and appendices, and
  (iv) hazardous waste.
  "Hazardous waste" means (i] a waste
or combination of wastes as defined in
40 CFR 281.3, or [ii] those substances
defined in 49 CFR 171.8.
  Hazardous waste operation "mean*
any operation involving employee
exposure to hazardous wastes,
hazardous substances, or any
combination of hazardous wastes and
hazardous substances that are
conducted within the scope of this
standard.
  "Hazardous waste site" or "site"
means any facility or location «t which
hazardous waste operations within the
scope of this standard 'tHjie place.
  "Health hazard" uietnis "a chemical,
mixture of chemicals or a pathogen for
which tiiere is s lulisticaliy significant
evidence based tin at iesst -one study
established •scientific principles that
acute or chronic -health effects -may
occur in exposed employees. The term
"health hazard** includes chemicals
which are carcinogens, tuxic or mghfy
tuXic agezrts, TC^/^OU mi CI v ^ tnxtcs,
rmtents,
          is, nepnrotoxnis,
neui'cftuujus, 'agents nuiiijk ~sct on oie
           heamtoyxietic system, and agents which
           damage tit* tangs, skin, eyes, or mucous
           membranes. Purtiier definition ef Ac
           lernM uaed-abow-cMi be fowwi in
           Appendw A to 39CFR 195O.1300.
             "IDLH" or ~¥m/n«£
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           Federal Register  /  Vol. 51,  No. 244  /  Friday, December 19, 1986 /  Rules and Regulations    45665
sub-contractor services for work in
hazardous waste operations shall inform
those contractors, sub-contractors, or
their representatives of any potential
fire, explosion, health or other safety
hazards of the hazardous waste
operation that have been identified by
the employer.
  (c) Site characterization and analysis.
(1) A preliminary evaluation of a site's
characteristics shall be performed prior
to site entry by a trained person to aid
in the selection of appropriate employee
protection methods prior to site entry.
During site entry, a more detailed
evaluation of the site's specific
characteristics shall be performed by a
trained person to further identify
existing site hazards and to further aid
in the selection of the appropriate
engineering controls and personal
protective equipment for the tasks to be
performed.
  (2) All suspected conditions that may
pose inhalation or skin absorption
hazards that are  immediately dangerous
to life or health (IDLH) or other
conditions that may cause death or
serious harm  shall be identified during
the preliminary survey and evaluated
during the detailed survey. Examples of
such hazards include, but are not limited
to, confined space entry, potentially
explosive OF flammable situations,
visible vapor clouds, or areas where
biological indicators such as dead
animals or vegetation are located.
  (3) The following information to the
extent  available  shall be obtained by
the employer prior to allowing
employees to enter a site:
  (i) Location and approximate size of
the site.
  (ii) Description of the response
activity and/or the job task to be
performed.
  (iii) Duration of the planned employee
activity.
  (iv) Site topography.
  (v) Site accessibility by air and roads.
  [vi) Pathways  for hazardous
substance dispersion.
  (vii) Present status and capabilities of
emergency response teams that would
provide assistance to on-site employees
at the time of an emergency.
  (viiij Hazardous substances and
health hazards involved or expected at
the site and their chemical and physical
properties.
   (4) Personal protective equipment
(PPE) shall be provided and used during
initial  site entry  in accordance with the
following requirements:
   (i) Based upon the results of the
preliminary site  evaluation, an ensemble
of PPE shall be selected and used during
initial site entry which will provide
protection to a level of exposure below
established permissible exposure limits
for known or suspected hazardous
substances and health hazards and will
provide protection against other known
and suspected hazards identified during
the preliminary site evaluation.
  (ii) An escape self-contained
breathing apparatus of at least five
minutes duration shall be carried by
employees or kept available at their
immediate work station if positive-
pressure self-contained breathing
apparatus is not used as part of the
entry ensemble.
  (iii) If the preliminary site evaluation
does not produce sufficient information
to identify the hazards or suspected
hazards of the site an ensemble of Level
B PPE shall be provided as minimum
protection and direct reading
instruments shall be carried for
identifying IDLH conditions. (See
Appendix B for guidelines on Level B
protective equipment.)
  (iv) Once the hazards of the site have
been positively identified, the
appropriate PPE shall be selected and
used in accordance with paragraph (g)
of this section.
  (5) The following monitoring shall be
conducted during site entry when the
site evaluation produces information
which show the potential for ionizing
radiation or IDLH conditions, or when
the site information is not sufficient to
rule out these possible conditions:
  (i) Monitoring for hazardous levels of
ionizing radiation.
  (ii) Monitoring the air with
appropriate test equipment for IDLH and
other conditions that may cause death
or serious harm (combustible or
explosive atmospheres, oxygen
deficiency, toxic substances.)
   (iii) Visually observe for signs of
actual or potential IDLH or other
dangerous conditions.
   (6) Once the presence and
concentrations of specific hazardous
substances and health hazards have
been established, the risks associated
with these substances shall be
identified. Employees who will be
working on the site shall be informed of
any risks  that have been identified.
  Note.—Risks to consider include,  but are
not limited to:
  Exposures exceeding the appropriate
Threshold Limit Values (TLVj), Permissible
Exposure Limits (PELs), or Recommended
Exposure Limit* (RELs).
   IDLH Concentrations.
   Potential Skin Absorption and Irritation
Sources.
   Potential Eye Irritation Sources.
   Explosion Sensitivity and Flammabilily
Ranges.
   (7) Any information concerning the
 chemical, physical, and toxicologic
properties of each substance known or
expected to be present on site that is
available to  the employer and relevant
to the duties an employee is expected to
perform shall be made available to all
employees prior to the commencement
of their work activities.
  (8) An ongoing air monitoring program
in accordance with paragraph (h) of this
section shall be implemented after site
characterization has determined the site
is safe for the start-up of operations.
  (d) Site control [\] A site control
program for preventing contamination of
employees shall be developed during the
planning stages of a hazardous waste
operation clean-up.
  (2) The site control program shall, as a
minimum, include: A site map; site work
zones; the use of a "buddy system"; site
communications; the standard operating
procedures or safe work practices; and,
identification of nearest medical
assistance.
  (e) Training. (1) All employees (such
as equipment operators and general
laborers) exposed to hazardous
substances,  health hazards, or safety
hazards shall be thoroughly trained in
the following:
  (i) Names of personnel and alternates
responsible for site safety and health;
  (ii) Safety, health and other hazards
present on thesite;
  (iii) Use of PPE;
  (iv) Work practices by which the
employee can minimize risks from
hazards;
  (v) Safe use of engineering controls
and equipment on the site;
  (vi) Medical surveillance requirements
including recognition of symptoms and
signs which might indicate over
exposure to hazards; and
  (vii) Paragraphs (G) through (K) of the
site safety and  health plan set forth in
paragraph (i)(2)(i) of this section.
  (2) All employees shall at the time of
job assignment receive a minimum of 40
hours of initial  instruction off the site,
and a minimum of three days of actual
field experience under the direct
supervision of a trained, experienced
supervisor. Workers who may be
exposed to unique or special hazards
shall be provided additional training.
The level of training provided shall be
consistent with the employee's job
function and responsibilities.
  (3) On-site management and
supervisors directly responsible for or
who supervise employees engaged in
hazardous waste operations shall
receive training as provided in
paragraph (e)(l) and (e)(2) of this section
and at least eight additional hours of
specialized training on managing such
operations at the time of job assignment.
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45686     Fadarai ftepater  /  ffipl Si, No. 2*t / Eriday. December 1ft 1988  / Rules and
of iartot
            subject jMttergf d
fteU AobuiMe* «mit tkey ten 4
trained to a l
have eeoaiued AMJ.
completed the -tMantas and fieU
expenanae*pec»fjsd fn
shall
hauing-coinpJetad Jhe
training. A*y pecMa whabaaa
so certified or meets ihejT
paragraph ifeKl-) respan*tUe ler
situation* that -nta? e*p oae-tbemitc
hazardous substances shall be trained in
how to xespaod 4o expected
emergencies.
  (8) Em$»4ejte«S:ajiecifiBdiki -paragraph
(e)(]jju^«taoap« specified Jn
paragraph -{e}{3j «f -iUs aecfien shall
receive eight hours of refresher HIM in;
annually on -the .items specified in
paragraph fej(l) of ibis section and other
relevant .topics.
  (9) Employers who-caan »h»w byoa
employee's work experience .and/ or
training that the amplojoe -has -had
initial training equivalent te that .traioiag
required in paragraphs (e)(l), (e-j(Z). and
(e](3j of this section .akall tae .considered
as meeting  (he initial (mining
        on^ of .tbdoe 'Paragraphs.
                           ie 1niinini£
that exis
already received .from actual oa-site
experience.
  (£) Medical suTvgtSaace — (1J
Employees £0KBxad. A medical
surveiJlanoe progcam ihail be instituted
by the .employer Ear
  (i) all .employees who -are -or .may be
r* xrvofiflfi 'to iftATrfl Etiffwr 'M^iftt^mnf^fl or
health hazaad
for these -subataoces. mithoBt regard i«
the
more a year, or
  (it) all .employee* ufiwtweara
respirator tor 30 daja«r BMie « yeac. ar
  (iii) H?i7M^T raajtlnynmi nynifirtj in
paragraph (lj(4)-of 4tus aeotioa while
covered by th
  (iv) The employer ihaUjDake -medical
examina tiara -or coJWultalianB avatUUe
to all employees who may :h*w«-baea
exposed in au^aoetgancy tiinalion i»
hazacdau* «>b&(ancec «t oanoentratMB*
above -the penniwible-espaftuje limtto.
        f MHffli|Tn rirytta .a
aiMkU alra-be
under paragraph ,^Q(!l8ftiHB.aectinB an
the folio waigadiEdiiieB:
  ( i ) frior -40 4saiguHmt at ior
empk>jree9'OO\«eied^»m ihe effectweidate
of this staniaMi.aB specifieai m
paragcaph tpij of tbifi.sectkm.
  (ii) At lea*£ -*nce -every twelve mentfas
for each-eaplayee'Oeveted.
  (iii) At termination of enqnUymettt af
reateignroeat U> «n anea wheae -fee
einpk>j
-------
           Federal  Register / Vol. 51, No.  244 / Friday,  December 19. 1986  /  Rules and Regulations     45667
operations and locating employees upwind of
possible hazards.
  (ii) Whenever engineeringco^troia
and work practices ore not feasible, PPE
shall be used to protect employees to
reduce exposure to below established
permissible exposure limits.
  (ill) The employer shall not rmptement
a schedule of employee rotation as  a
means of compliance with permissible
exposure limits.
  (2) Engineering controls, work
practices, and personal protective
equipment far-substances not-regulated
in Subpart Z. An appropriate
combination of engineering controls.
work practices, and personal protective
equipment shall be established to
reduce and maintain employee exposure
to or below the established permissible
exposure limit for hazardous substances
not regulated by 29 CFR Part 1910.
Subpart Z and health hazards.
  (3) Personal protective equipment
selection, (i) Personal protective
equipment (PPE) shall be selected and
used which will protect employees  from
the hazards and potential hazards they
are likely to encounter as identified
during the site characterization  and
analysts.
  (ii) Personal protective equipment
selection shall be based on an
evaluation of the performance
characteristics  of the PPE relative to the
requirements and limitations of the site,
the task-specific conditions and
duration, and the hazards and potential
hazards  identified at the site.
  (iii) Positive pressure self-contained
breathing apparatus, or positive
pressure air-line respirators equipped
with an escape air supply shall  be used
in 1DLH  conditions.
  (iv) Totally-encapsulating chemical
protective suits (Level A protection)
shall be  used in conditions where
contact of the skin by the hazardous
substance may result in an IDLH
situation.
  (v) The level of protection provided by
PPE selection shall be increased when
additional information or site conditions
show that increased protection is
necessary to reduce employee exposure
below established permissible exposure
limits for hazardous substance and
health hazards. (See Appendix  B for
guidance on selecting PPE ensembles.)
  Note.—The level of protection provided
may be decreased when additional
information or site conditions show that
decreased protection will not result in
hazardous exposures to employees.
  (vi) Personal protective equipment
shall be selected and used to meet the
requirement of 29 CFR Part 1910,
Subpart I, and additional requirements
specified in this section.
  (4) TotaJIy-encapsulating chemical
protective suits, (i) Totally-
encapsulating suit materials used for
Level A protection shall protect
employees from the particular hazards
which are identified during site
characterization and analysis.
  (ii) Totally-encapsulating suits shall
be capable of maintaining positive air
pressure. (See Appendix A.)
  (iii) Totally-encapsulating suits shall
be capable of preventing inward test gas
leakage of more than 0.5 percent. (See
Appendix A.)
  (5) Personal protective equipment
(PPE) program. A personal protective
equipment program shall be established
for hazardous waste operations. The
PPE program shall address the following
elements:
  (i) Site hazards,
  (ii) PPE selection,
  (iii) PPE use,
  (iv) Work mission duration,
  (v) PPE maintenance and storage,
  (vi) PPE decontamination.
  (vii) PPE training and proper fitting,
  (viii) PPE donning and doffing
procedures,
  (ix) PPE inspection,
  (x) PPE in-use monitoring,
  (xi) Evaluation  of the effectiveness of
the PPE program,  and
  (xii) Limitations during temperature
extremes.
  (h) Monitoring.  (1) Air monitoring
shall be used to identify and quantify
airborne levels of hazardous substances
in order to determine the appropriate
level of employee protection needed on
site.
  (2) As a first step, air monitonng shall
be conducted to identify any IDLH and
other dangerous situations, such as the
presence of flammable atmospheres,
oxygen-deficient  environments, toxic
levels of airborne contaminants, and
radioactive  materials.
  (3) As a minimum, periodic monitonng
shall be conducted when:
  (i) Work begins on a different portion
of the site.
   (n) Contaminants other than those
previously identified are being handled.
  (iii) A different type of operation is
initiated (e.g., drum opening as opposed
to exploratory well drilling.)
   (iv) Employees are handling leaking
drums or containers or working in areas
with obvious liquid contamination (e.g.,
a spill or lagoon.)
   (4) High-risk employees, e.g., those
closest to the source of contaminant
generation, shall  receive personal
monitoring sufficient to characterize
employee exposure.
  (i) Informational programs—(1)
General. As part of the safety and
health program required in paragraph
(b)(l) of this section, the employer shall
develop and implement a site safety and
health plan meeting the requirements of
paragraph (i)(2) of this section for each
hazardous waste operation.
  (2) Site safety and health plan. The
site safety and health plan, which shall
be available on the site for inspection by
employees, their designated
representatives, and OSHA personnel.
shall address the safety and health
hazards of each phase of site operation
and include the requirements and
procedures for employee protection.
  (i) The site safety and health plan, as
a minimum, shall address the following:
  (A) Names of key personnel and
alternates responsible for site safety and
health and appointment of a site safety
and health officer.
  (B) A safety and health risk analysis
for each site task and operation.
  (C) Employee training assignments.
  (D) Personal protective equipment to
be used by employees for each of the
site tasks and operations being
conducted.
  (E) Medical surveillance requirements.
  (F)  Frequency and types of air
monitoring, personnel monitoring, and
environmental sampling techniques and
instrumentation to be used. Methods of
maintenance and calibration of
monitoring and sampling equipment to
be used.
  (G) Site control measures.
  (H) Decontamination procedures.
  (!) Site's standard operating
procedures.
  (J) A contingency plan meeting the
requirements of paragraphs (1)(1) and
(1)(2) of this section for safe and
effective responses to emergencies
including the necessary PPE and other
equipment.
  (K) Confined space entry procedures.
  (ii) Pre-entry briefings shall be held
prior to initiating any site activity and at
such other times as necessary to ensure
that employees are apprised of the site
safety and health plan and that it is
being followed.
  (in) Inspections shall be conducted by
the site safety and health officer or, in
the absence of that individual, another
individual acting on behalf of the
employer as necessary to determine the
effectiveness of the site safety and
health plan. Any deficiencies in the
effectiveness of the site safety and
health plan shall be corrected by the
employer.
   (j) Handling drums and containers—
(1) General, (i) Drums  and containers
used during the clean-up shall meet the
-------
45668     Federal Register  /  Vol. 51, No. 244 / Friday, December 19. 1986  / Rules  and Regulations
appropriate DOT, OSHA. and EPA
regulations for the wastes that they
contain.
  (ii) Drums and containers shall be
inspected and their integrity shall be
assured prior to being moved. Drums or
containers that cannot be inspected
before being moved because of
inaccessible storage conditions shall be
moved to an accessible location and
inspected prior to further handling.
  (iii) Unlabeled drums and containers
shall be considered to contain
hazardous substances and handled
accordingly until the contents are
positively identified and labeled.
  (iv) Site operations shall be organized
to minimize the amount of drum or
container movement.
  (v) Prior to movement of drums or
containers, all employees exposed to the
transfer operation shall be warned of
the potential hazards associated with
the contents of the drums or containers.
  (vi) U.S. Department of Transportation
specified salvage drums or containers
and suitable quantities of proper
absorbent shall be kept available and
used in areas where spills, leaks, or
ruptures may occur.
  (vii) Where major spills may occur, a
spill containment program shall  be
implemented to contain and isolate the
entire volume of the hazardous
substance being transferred.
  (viii) Drums and containers that
cannot be moved without rupture,
leakage, or spillage shall be emptied into
a sound container using a device
classified for the material being
transferred.
  (ix) A ground-penetrating system or
other type of detection system or device
shall be used to estimate the location
and depth of drums or containers.
  (x) Soil or covering material shall be
removed with caution to prevent drum
or container rupture.
  (xi) Fire extinguishing equipment
meeting the requirements of 29 CFR Part
1910. Subpart L shall be on hand and
ready for use to control small fires.
  (2) Opening drums and containers.
The following procedures shall be
followed in areas where drums or
containers are being opened:
  (i) Where an airline respirator system
is used, connections to the bank of air
cylinders shall be protected from
contamination and the entire system
shall be protected from physical
damage.
  (ii) Employees not actually involved in
opening drums or containers shall be
kept a safe distance from the drums or
containers being opened.
  (iii) If employees must work near or
adjacent to drums or containers being
opened, a suitable shield that does not
interfere with the work operation shall
be placed between the employee and
the drums or containers being opened to
protect the employee in case of
accidental explosion.
  (iv) Controls for drum or container
opening equipment, monitoring
equipment, and fire suppression
equipment shall be located behind the
explosion-resistant barrier.
  (v) Material handling equipment and
hand tools shall be of the type to
prevent sources of ignition.
  (vi) Drums and containers shall be
opened in such a manner that excess
interior pressure will be safely relieved.
If pressure cannot be relieved from a
remote location, appropriate shielding
shall be placed between  the employee
and the drums or containers to reduce
the risk of employee injury.
  (vii) Employees shall not stand upon
or work from drums or containers.
  (3) Electrical material handling
equipment. Electrical material handling
equipment used to transfer drums and
containers shall:
  (i) Be positioned  and operated to
minimize sources of ignition related to
the equipment from igniting vapors
released from ruptured drums or
containers, or
  (ii) Meet the requirements of 29 CFR
1910.307 and be of the appropriate
electrical classification for the materials
being handled.
  (4) Radioactive wastes. Drums and
containers containing radioactive
wastes shall not be handled until such
time as their hazard to employees is
properly assessed.
  (5) Shock sensitive wastes.
  Caution: Shipping of shock sensitive
wastes may be prohibited under U.S.
Department of Transportation regulations.
Employers and their shippers should refer  to
49 CFR 173.21 and 173.50.
  As a minimum, the following special
precautions shall be taken when drums
and containers containing or suspected
of containing shock-sensitive wastes are
handled:
  (i) All non-essential employees shall
be evacuated from the area of transfer.
  (ii) Material handling equipment shall
be provided with explosive containment
devices or protective shields to protect
equipment operators from exploding
containers.
  (iii) An employee alarm system
capable of being perceived above
surrounding light and noise conditions
shall be used to signal the
commencement and completion of
explosive waste handling activities.
  (iv) Continuous communications (i.e.,
portable radios, hand signals.
telephones, as appropriate) shall be
maintained between the employee-m-
charge of the immediate handling area
and the site safety officer or command
post until such time as the handling
operation is completed. Communication
equipment or methods that could cause
shock sensitive materials to explode
shall not be used.
  (v) Drums and containers under
pressure, as evidenced by bulging or
swelling, shall not be moved until such
time as the cause for excess pressure is
determined and appropriate
containment procedures have been
implemented to protect employees from
explosive relief of the drum.
  (vi) Drums and containers containing
packaged laboratory wastes shall be
considered to contain shock-sensitive or
explosive materials until they have been
characterized.
  (6) Laboratory waste packs. In
addition to the requirements of
paragraph (j)(5) of this section, the
following precautions shall be taken, as
a minimum, in handling laboratory
waste packs (lab packs):
  (i) Lab packs shall be opened only
when necessary  and then only by an
individual knowledgeable in the
inspection, classification, and
segregation of the containers within the
pack according the hazards of the
wastes.
  (ii) If crystalline material is noted on
any container, the contents shall be
handled as a shock-sensitive waste  until
the contents are  identified.
  (7) Sampling drums and containers.
Sampling of containers and drums shall
be done in accordance with a sampling
procedure which is part of the site
safety and health plan developed for
and available to  employees and others
at the specific worksite.
  (8) Shipping and transport, (i)  Drums
and containers shall be identified and
classified prior to packaging for
shipment.
  (11) Drum or container staging  areas
shall be kept to the minimum number
necessary to safely identify and classify
materials and prepare them for
transport.
  (iii) Staging areas shall be provided
with adequate access and egress routes.
  (iv) Bulking of hazardous wastes shall
be permitted only after a thorough
characterization of the materials has
been completed.
  (9) Tank and vault procedures, (i)
Tanks and vaults containing hazardous
substances shall be handled in a manner
similar to that for drums and containers,
taking into consideration the size of the
tank or vault.
  (ii) Appropriate tank or vault entry
procedures meeting paragraph
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          Federal Register / Vol. 51. No. 244  / Friday. December 19.  1986 / Rules  and Regulations
                                                                     45669
(i)(2)(i)(K} of this section shall be
followed whenever employees must
enter a tank or vault
  (k) Decontamination. (1) A
decontamination procedure shall be
developed, communicated to employees
and implemented before any employees
or equipment may enter areas on site
where potential for exposure to
hazardous substances exists.
  (2) Standard operating procedures
shall be developed to minimize
employee contact with hazardous
substances or with equipment that has
contacted hazardous substances.
  (3) Decontamination shall be
performed in areas that will minimize
the exposure of uncontaminated
employees or equipment to
contaminated employees or equipment.
  (4) All employees leaving a
contaminated area shall be
appropriately decontaminated; all
clothing and equipment leaving a
contaminated area shall be
appropriately disposed of or
decontaminated.
  (5) Decontamination procedures shall
be monitored by the site safety and
health officer to determine their
effectiveness. When such procedures
are found to be ineffective, appropriate
steps shall be taken to correct any
deficiencies.
  (6) All equipment and solvents used
for decontamination shall be
decontaminated or disposed of properly.
  (7) Protective clothing and equipment
shall be decontaminated, cleaned,
laundered, maintained or replaced  as
needed to maintain their effectiveness.
  (8) Impermeable protective clothing
which contacts or is likely to have
contacted hazardous substances shall
be decontaminated before being
removed by the employee.
  (9) Employees whose non-
impermeable clothing becomes wetted
with hazardous substances shall
immediately remove that clothing and
proceed to shower. The clothing shall be
disposed of or decontaminated before it
is removed from the work zone.
  (10) Unauthorized employees shall not
remove protective clothing or equipment
from change rooms.
  (11) Commercial laundries or cleaning
establishments that decontaminate
protective clothing or equipment shall
be informed of the potentially harmful
effects of exposures to hazardous
substances.
   (12) Where the decontamination
procedure indicates a need for showers
and change rooms, they shall be
provided and meet the requirements of
29 CFR 1910.141.
   (1) Emergency response—(1) General.
(i) An emergency response plan shall be
developed and implemented to handle
anticipated on-site emergencies prior to
the commencement of hazardous waste
operations. Emergency response
activities to all other hazardous waste
operations shall follow an emergency
response plan meeting the requirements
of this section.
  (ii) Elements of an emergency
response plan. The employer shall
develop an emergency response plan for
on-site and off-site emergencies which
shall address, as a minimum, the
following:
  (A) Pre-emergency planning.
  (B) Personnel roles, lines of authority,
training, and communication.
  (C) Emergency recognition and
prevention.
  (D) Safe distances and places  of
refuge.
  (E) Site security and control.
  (F) Evacuation routes and
procedures.
  (G) Decontamination.
  (H) Emergency medical treatment
and first aid.
  (I) Emergency alerting and response
procedures.
  (]) Critique of response and follow-
up.
  (K) PPE and emergency equipment.
  (2) On-site emergency response—(i)
Training. Training for site emergency
response shall be conducted in
accordance with paragraph (e) of this
section.
  (ii) Procedures for handling site
emergency incidents. (A) In addition to
the elements for the emergency response
plan required in paragraph (l)(l)(ii)
above, the following elements shall be
included for site emergency response
plans:
  (1) Site topography, layout, and
prevailing weather conditions.
  (2) Procedures for reporting incidents
to local, state, and federal governmental
agencies.
  (B) The site emergency response plan
shall be a separate section of the Site
Safety and Health Plan.
  (C) The site emergency  response plan
shall be compatible and integrated with
the disaster, fire and/or emergency
response plans  of local, state, and
federal agencies.
  (D) The site emergency response plan
shall be rehearsed regularly as part of
the overall training program for site
operations.
  (E) The site emergency  response plan
shall be reviewed periodically and, as
necessary, be amended to keep it
current with new or changing site
conditions or information.
   (F) An employee alarm system shall
be installed in accordance with 29 CFR
1910.165 to notify employees of an on-
site emergency situation, to stop work
activities if necessary, to lower
background noise in order to speed
communication, and to begin emergency
procedures.
  (G) Based upon the  information
available at time of the emergency, the
employer shall evaluate the incident and
the site response capabilities and
proceed with the appropriate steps to
implement the on-site emergency
response plan.
  (3) Off-site emergency response—(i)
Training. Training for handling
emergency responses  involving
hazardous substances shall be
conducted on a monthly basis and shall
be at least 24 hours annually. The
training shall include  as a minimum
recognition of hazards, selection, care,
and use of personal protective
equipment and safe operating
procedures to be used at the incident
scene.
  (ii) Procedures for handling off-site
emergency incidents.  (A) The senior
officer responding to an incident
involving a hazardous substance or
waste shall establish  an Incident
Command System (ICS). A1J emergency
responders and their communications
shall be coordinated and controlled
through the individual in charge of the
ICS.
  (B) The individual in charge of the ICS
shall identify, to the extent possible, all
hazardous substances or conditions
present.
  (C) Based on the hazardous
substances and/or conditions present
the individual in charge of the ICS shall
implement appropriate emergency
operations, and assure that the personal
protective equipment worn is
appropriate for the hazards to be
encountered. However, personal
protective equipment shall meet, at a
minimum, the criteria contained in 29
CFR 1910.156(e) when worn while
performing fire fighting operations
beyond the incipient stage.
  (D) Self-contained breathing
apparatus shall be worn at all times
during emergency operations involving
exposure to hazardous substances or
health hazards. After October 18,1988
only positive pressure self-contained
respirators shall be used.
  (E) The individual in charge of the ICS
shall limit the number of emergency
response personnel at the emergency
site to those who are actively
performing emergency operations.
However, operations in hazardous areas
shall be performed using the buddy
system in groups of two or more.
   (F) Back-up personnel shall be
standing by with equipment ready to
-------
45670     Federal Register / Vol. 51. No. 244  / Friday, December 19. 1986  / Rules and Regulations
provide assistance or rescue. Qualified
basic life support personnel, as a
minimum, shall also be standing by with
medical equipment and transportation
capability.
  (G) The individual in charge of the 1CS
shall designate a safety officer, who is
knowledgeable in fire fighting or rescue
operations and hazardous substance
handling procedures, with specific
responsibility to identify and evaluate
hazards and to provide direction with
respect to the safety of operations for
the emergency at hand.
  (H) When activities are judged by the
safety officer to be unsafe and/or to
involve an imminent danger condition,
the safety officer shall have the
authority to alter, suspend, or terminate
those activities. The safety officer shall
immediately inform the individual in
charge of the ICS of any actions taken to
correct these hazards at an emergency
scene.
  (I) After emergency operations have
terminated, the individual in charge of
the ICS shall implement appropriate
decontamination procedures.
  (4) Hazardous materials teams
(HAZMAT), (i) Employees who are
members of the HAZMAT team,
employees designated by the employer
to plug, patch or otherwise temporarily
control or stop leaks from containers
which hold hazardous substances or
health hazards shall be given training in
accordance with paragraph (1)(3) of this
section that includes the  care and use of
chemical protective clothing and
procedures to be followed when
working on leaking drums, containers.
tanks, or bulk transport vehicles.
  (ii) Members of HAZMAT teams shall
receive an annual physical examination
by a licensed physician and be provided
medical surveillance as required in
paragraph (f) of this section.
  (iii) Personal protective clothing and
equipment to be used by HAZMAT team
members shall meet the requirements of
paragraph (g) of this section.
  (iv) Approved self-contained
compressed air breathing apparatus may
be used with approved cylinders from
other approved self-contained
compressed air breathing apparatus
provided that such cylinders are of the
same capacity and pressure rating. Ail
compressed air cylinders used with self-
contained breathing apparatus shall
meet U.S. Department of Transportation
and National Institute for Occupational
Safety and Health criteria.
  (5) Post-emergency response
operations. Upon completion of the
emergency response, if it is determined
that it is necessary  to remove hazardous
substances, health hazards and
materials contaminated with them such
as contaminated soil or other elements
of the natural environment, then such
operations shall meet all the
requirements of paragraphs (b) through
(n) of this section.
  (m) Illumination. Work areas shall be
lighted to not less than the minimum
illumination intensities listed in Table
H-102.1 while any work is in progress:

   TABLE H-102.1.—MINIMUM ILLUMINATION
       INTENSITIES IN FOOT-CANOLES
Fool-candle*
                  Are* or operations
5 . „	j Genera* site areas.
3 .     .  | Excavation  and waste  areaa,  accessways,
           active storage area*, loading platform*, re-
           fueling, and field maintenance area*.
5 ..     .   Indoors, warehouses, corridors, hallway*, and
           eiotways.
5   ..  .   Tunnels, shafts, and general  underground
           work area*. (Exception- mnmum  at  10
           loot-candles a required at tunnel and Shan
           Reading during drilling, mucking, and scal-
           ing. Bureau of Mmes approved cap ughts
           shaH be acceptable for use m the tunnel
           heading.
          General shops |e g,  mechanical and  electri-
           cal equipment rooms, active storerooms,
           barracks or living quarters, locker or dress-
           ing rooms. dKMng areas, and indoor to4eo
           and workrooms
          First aid station*, infirmaries, and office*.
  (n) Sanitation at temporary
workplaces—(1) Potable water, (i) An
adequate supply of potable water shall
be provided on the site.
  (ii) Portable containers used to
dispense drinking water shall be
capable of being tightly closed, and
equipped with a tap. Water shall not be
dipped from containers.
  (iii) Any container used to  distribute
drinking water shall be clearly marked
as to the nature of its contents and not
used for any other purpose.
  (iv) Where single service cups (to be
used but once) are supplied, both a
sanitary container for the unused cups
and a receptacle for disposing of the
used cups shall be provided.
  (2) Nonpotable water,  (i) Outlets for
nonpotable water, such as  water for
industrial or firefighting purposes shall
be identified to indicate clearly that the
water is unsafe and is not to  be used for
drinking, washing, or cooking purposes.
  (ii) There shall be no cross-
connection, open or potential, between a
system furnishing potable water and a
system furnishing nonpotable water.
  (3) Toilets facilities, (i) Toilets shall
be provided for employees according to
Table H-102.2.

    TABLE H-102.2.—TOILET FACILITIES

 Number of employees  I  Minimum number of 'somes
	1	
20 or fewer  ..     .  , One
More man 20. fewer than ! One toilet seat and 1 unnal per
 200             i  40 employees.
    TABLE H-102.2.—TOILET FACILITIES—
               Continued
 Number of employees
                   Mkwnuni number of rac&Me
More than 200
                 i One totlat seat and 1  ixina <
                 |  50 errvtoyen.
  (ii) Under temporary field conditions.
provisions shall be made to assure not
less than one toilet facility is available.
  (iii) Hazardous waste sites, not
provided with a sanitary sewer, shall be
provided with the following toilet
facilities unless prohibited by local
codes:
  (A) Privies;
  (B) Chemical toilets:
  (C) Recirculating toilets; or
  (D) Combustion toilets.
  (iv) The requirements of this
paragraph for sanitation facilities shall
not apply to mobile crews having
transportation readily available to
nearby toilet facilities.
  (4) Food handling. All employees' food
service facilities and operations shall
meet the applicable laws, ordinances,
and regulations of the jurisdictions in
which they are located.
  (5) Temporary sleeping quarters.
When temporary sleeping quarters are
provided, they shall  be heated,
ventilated, and lighted.
  (6) Washing facilities. The employer
shall provide adequate washing
facilities for employees engaged in
operations where hazardous substances
may be harmful to employees. Such
facilities shall be in near proximity to
the worksite, within controlled access
work zones and shall be so equipped as
to enable employees to remove
hazardous substances.
  (o) Certain Operations Conducted
under  the Resource Conservation and
Recovery Act of 1976 (RCRA).
Employers conducting operations
specified in paragraph (g)(2)(iii) of this
section shall:
  (1) Implement a hazard
communication program meeting the
requirements of 29 CFR 1910.1200;
  (2) Implement a medical surveillance
program meeting the requirements of
paragraph (f) of this  section;
  (3) Develop and implement a safety
and health program for employees
involved in hazardous waste operations.
The program shall be designed to
identify, evaluate and control safety and
health hazards and provide for
emergency response to their facilities for
the purpose of employee protection;
  (4) Develop and implement a
decontamination procedure in
accordance with paragraph (k) of this
section, and
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            Federal Register / Vol.  51.  No.  244 /  Friday, December 19. 1986 /  Rules  and Regulations
                                                                           45671
  (5) Develop and implement a training
program for employees involved with
hazardous waste operations to enable
each employee to perform their assigned
duties and functions^rf a safe and
healthful" manner so atntot to endanger
themselves or other employees. The
initial training shall be for 24 hours and
refresher training shall be for eight
hours annually.
  (p) Start-up dates—(1) Training and
medical provisions. Initial training and
medical surveillance as specified by
paragraph (e) and (f) of this section shall
be commenced on the effective date of
this standard, and be fully implemented
as soon as possible but  no later than
March 16,1987. Employees may
continue in their work assignments until
March 16,1987 though training and
medical examinations have not been
completed so long as all feasible
training and examinations have been
completed.
  (2) Safety and health program. The
employer shall develop and implement a
safety and health program as required
by paragraph (b)(l) of this section as
soon as is feasible  and have it
completed and implemented no later
than March 16,1987.
  (3) Engineering controls, work
practices, and personal protective
equipment, (i) The  engineering controls,
work practices and personal protective
equipment required by paragraph (g){2)
of this section  shall be implemented as
soon as feasible and implementation
shall be completed no later than March
16,1987.
  (ii) The engineering controls, work
practices and personal protective
equipment required by paragraph (g)(l)
of this section are existing requirements
of other OSHA standards and continues
to be required from the  effective date of
this standard.
  (4) Site safety and health plan. The
site safety and health plan required by
paragraph (i)(2) of this section shall be
completed as soon aa feasible but no
later than February 16,1987.
  (5) Certain operations conducted
under RCRA. The requirements
specified by paragraph  (o) of this section
shall be instituted  by March 16,1987.
  (8) Other requirements. Requirements
of this standard which do not have a
separate start-up date and have not
been required by other  OSHA standards
shall be carried out from the effective
date of this standard.
   (7) New operations. Operations
covered by this section which are
started after March 16,1987, shall be in
compliance with this section from the
start of their operation.
Appendices to 5 1910.120—Hazardous Waste
Operation* and Emergency Response
  Note-— The following appendices serve as
non-mandatory guidelines to assist
employees and employers in complying with
the appropriate requirements of this section.

Appendix A—Personal Protective Equipment
Test Methods
  This appendix seta forth the non-
mandatory examples of tests which may be
used to evaluate compliance with paragraphs
1910.120(g){4) (ii) and (iii). Other tests and
other challenge agents may be used to
evaluate compliance.

A. Fully-Encapsulated Suit Pressure Test
1.0—Scope
  1.1  This practice measures the ability of a
gas tight totally-encapsulating chemical
protective suit material, seams, and closures
to maintain a fixed positive pressure. The
results of this practice allow the gas tight
integrity of a total-encapsulating chemical
protective suit to be evaluated.
  1.2  Resistance of the suit materials to
permeation, penetration, and degradation by
specific hazardous substances is not
determined by this test method.
2.0—Description of Terms
  2.1  Totally-encapsulated chemical
protective suit (TECP suit)—A full body
garment which is constructed of protective
clothing materials; covers the wearer's torso,
head. arms, and legs; may cover the wearer's
hands-and feel with tightly attached gloves
and boots; completely encloses the wearer by
itself or In combination with the wearer's
respiratory equipment, gloves, and boots.
  2.2  Protective clothing material—Any
material or combination of materials used in
an item of clothing for the purpose of
isolating parts of the body from direct contact
with a potentially hazardous liquid or
gaseous chemicals.
  2.3  "Gas tight"—for the purpose of this
practice the limited flow of a gas under
pressure from the inside of a TECP suit to
atmosphere at a prescribed pressure and time
interval.
  2.4  "Shall"—This term indicates a
mandatory requirement.
  2.5  "Should"—This term indicates a
recommendation or that which is advised but
not required.
  2.ft "May"—This term is used to state a
permissive use or an alternative method to a
specific requirement.
3.0—Summary of Practice
   3.1  The TECP suit is visually inspected
and modified for the test. The test apparatus
is attached to the suit to permit inflation to
the pre-test suit expansion pressure for
removal of suit wrinkles and creases. The
pressure is lowered to the test pressure and
monitored for three minutes. If the pressure
drop is excessive, the TECP suit fails the tests
and is removed from service. After leak
location and repair the test  is repeated.
4.0—Required Supplies
   4.1  Source of compressed air,
   4.2  Test apparatus for suit testing
including a pressure measurement device
with a sensitivity of at least V4 inch water
gauge.
  4.3  Vent valve closure plugs or sealing
tape.
  4.4  Soapy water solution and soft brush.
  4.5  Stop watch or appropriate timing
device.
5.0—Safety Precautions
  5.1  Care shall be taken to provide the
correct pressure safety devices required for
the source of compressed air used.
8.0—Test Procedure
  6.1  Prior to each test, the tester shall
perform a visual inspection of the suit. Check
the suit for seam integrity by visually
examining the seams and gently pulling on
the seams. Ensure that all air supply lines.
fittings, visor, zippers, and valves are secure
and show no signs of deterioration.
  6.1.1  Seal off the vent valves along with
any other normal inlet or exhaust points
(such as umbilical air line fittings or face
piece opening) with tape or other appropriate
means (caps, plugs, fixture, etc.). Care should
be exercised in the sealing process not to
damage any of the suit components.
  6.1.2  Close all closure assemblies.
  6.1.3  Prepare the suit for inflation by
providing an improvised connection point or
the suit for connecting an airline. Attach the
pressure test apparatus to the suit to permit
suit inflation from a compressed air source
equipped with a pressure indicating regulator.
The leak tightness of the pressure test
apparatus should be tested before and after
each test by closing off the end of the tubing
attached to the suit and assuring a pressure
of three inches water gauge for three minutes
can be maintained. If a component is
removed for the test, that component shall be
replaced and a second test conducted with
another component removed to permit a
complete tests of the ensemble.
  6.1.4   The pre-test expansion pressure (A)
and the suit test pressure (B) shall be
supplied by the suit manufacturer but  in no
case shall they be less than; A=3 inches
water gauge and B=2 inches water gauge.
The ending suit pressure (C) shall be no less
than 80% (%) of the test pressure (B); i.e.. the
pressure drop shall not exceed 20% (V4) of the
test pressure (B).
  6.1.5   Inflate the suit until the pressure
inside is equal to pressure "A", the pre-test
expansion suit pressure. Allow at least one
minute to fill out the wrinkles in the suit.
Release sufficient air to reduce the suit
pressure to pressure "B". the suit test
pressure. Begin timing. At the end of three
minutes, record the suit pressure as pressure
"C," the ending suit pressure. The difference
between the suit test pressure and the ending
suit test pressure (B—C) shall be defined as
the suit pressure drop.
  6.1.6  If the suit pressure drop is more than
20 percent (H) of the suit test pressure B
during the three minute test period, the suit
fails the test and shall be removed from
service.
7.0—Retest Procedure
  7.1  If the suit fails the test check for leaks
by inflating the suit to pressure A and
brushing or wiping the entire suit (including
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43672     Federal Register  /  Vol.  51. No. 244 /  Friday. December  19.  196ft /  Rules and  Reflations
seaBsvclosssjea, least gasiottsv glove-to-sleeve
joints, etc.) with a mild soap and water
 inliiUna f>lm«.»nilhn snil tin ilii fiiiiiiiilinii of
soap bubbles, which is- an indication of a
leak, nrFiuMiliirinnlifleiUnhs
  7.1
Test procedure 6.0.
8.0— Report
  aa  Each-TJECP stditoetod by this practice
shall hava the following tn&tmaboa
recorded.
  8.1.1  Unique identification number
identifying brand name, date of purchase,
matMBdcf cantractifln, and unique fit
features e.g_ special breathing apparatus.
  8.1.2  The actual vahiec fat teat pressures,
A. & ad C sn*U be recorded along with (be
specific ofasenrataon times, if tin ending
pressure (C) i» Jess than 80% of the test
pressure (B> the smt ahaU be identified as
failing the test When possible, the specific
leak location shall be identified in the test
record*. Re lest pressure data shall bt
recoided«s an additional leal.
  8.1-3  The source of the test apparatus,
used shall be identified and the sensitivity of
the pressure gauge shall be recorded.
  8.1.4  Records shall be kept for each
pressure test even if repairs are being made
at the test location.

Cautfeii
  Visually inspect all parts of the suit to be
sure they are positioned correctly and
secured tightly before putting the suit back
into service. Special care should be taken to
examine each exhaust valve to make sure it
is not blocked
  Care should also be exercised to assure
that the inside and outside of the suit is
completely dry before it is put into storage.

B. Fully-EncaptutattHi Suit Qualitative Leak
Test
1.0— Scope
  1.1  This practice semi-qualitatively tests
gas tight totally-encapsulating chemical
protective suit integrity by detecting inward
leakage of ammonia vapor. Since no
modifications are made to the suit to carry
out this test, the results from this practice
provide a realistic test for the integrity of the
entire suit
  1.2  Resistance of the suit materials to
permeation, penetration, and degradation is
not determined by this test method.
2.0 — Description ol Terms
  2.1  Tolally-«ncaps«lated chemical
protective suit (TECP nut)— A full body
garment which is-ceBStniciad of protective
clothing materiaU;«o«ejcs. UK wearer's torso,
head. arms, aad lags; may caver the wearer's
hands and feat with tightly attached gloves
and hoots: completely encloses the wearer by
itself or in combination with the wearer's
respiratory «»niiipm«»n« gloves, and boots.
  2.2  Protective clothing material — Any
material or combination of materials "g«**f ia
an item of clothing for the purpose of
isolating parts of the body from direct contact
with a potentially hazardous liquid or
gaseous chemicals.
  ZJ  "Gas tight"— for the purpose of this
practice the limited flew of s gas nader
pisssata from the inside of a TECPamt to
eteMsphere at a- prescribed preeaBfeantr time
interval.
  2.4   "Shall"—This term indicates a
mandatory requirement.
  is   "Should"—This term indicates a
recommendation ox that which is advised but
not required.
  2jB   "May**—This term is used to state a
permissive use or an alternative method to a
specific requirement
  2.7   Intrusion Coefficient—A number
expressing the level of protection provided by
a gas. tight totally-encapsulating chemical
protective suit. The intrusion coefficient is
calculated by dividing the test room
challenge agent concentration by the
concentration of challenge agent found inside
the suit. The accuracy of the intrusion
coefficient is dependent on the challenge
agent monitoring methods. The larger the
intrusion coefficient the greater the protection
provided by the TECP suit.
3.0—Summary of Recommended Practice
  3.1   The volume of ammonia solution
required to generate the test atmosphere is
determined using  the directions outlined in
6.1. The suit is donned by a oanon wearing
the appropriate respiratory equipment
(normally a self-contained breathing
apparatus) and  worn inside the enclosed test
room. The ammonia solution is taken by the
suited individual into the test room and
poured into an open plastic pan. A two-
minute evaporation period is observed before
the teat room concentration is measured
using a high range ammonia length of stain
detector tube. When the ammonia reaches a
concentration of between 1000 and 1200 ppm.
the suited individual starts a standardized
exercise protocol  to stress and flex the suit
After this protocol is completed  the test room
concentration is measured again. The suited
individual exits the test room and his  stand-
by person measures the ammonia
concentration inside the suit using a low
range ammonia length of stain detector tube
or other more sensitive ammonia detector. A
stand-by parson is required to observe the
test individual during the test procedure, aid
the person in donning and doffing the TECP
suit and monitor the suit interior. The
intrusion coefficient of the suit can be
calculated by dividing the average test area
concentration by the interior suit
concentration. A colorunetnc indicator strip
of bromophenol blue is placed on the inside
of the suit face piece lens so that the suited
individual is able to detect a color change
and know if the suit has a significant leak. If
a color change is observed the individual
should leave the test room immediately.
4.0—Required Supplies
  4.1   A supply of concentrated ammonia (58
percent ammonium hydroxide by weight).
  4.2   A supply of bromophenol/blue
indicating paper, sensitive to 5-10 ppm
ammonia or greater over a two-minute period
of exposure.
  4.3   A supply of high range (0.5-LO volume
percent) and low range (5-700 ppm) detector
tubes for ammonia and the corresponding
sampling pump. More sensitive ammonia
detectors can be substituted for the low range
detector tubes te nrmtove me sensitivity of
this practice.
  4.4  AplasMc«*nfPVC}atleas>12'>.14':r
and a half pint plastic container (PVC) with
tightly dosing tid.
  4.5  Volumetric measuring device of at
least 50 nuililiters in volume with an
accuracy of aJ least ±1 millililers.
5.0—Safety Precautions
  5.1   Concentrated ammonia is a corrosive
volatile liquid-requiring eye, skin, and
respiratory protection.
  5-2   Since the threshold limit value for
ammonia is 25 ppm. only persons wearing the
appropriate respirator protection shall be in
the chamber. Normally only the person
wearing the total-encapsulating suit will be
inside the chamber. A stand-by person shall
have a self-contained breathing apparatus, or
equivalent breathing apparatus,  available to
enter the test area should the suited
individual need assistance.
  5.3   A method to monitor the suited
individual must be used during this test.
Visual contact is the simplest  but other
methods using communication devices are
acceptable.
  5.4   The test room shall be  large enough to
allow the exercise protocol  to be carried out
and ventilated to allow for easy  exhaust of
the ammonia test atmosphere after the testfs)
are completed.
  5.5   Individuals shall be medically
screened for the use of respiratory protection
and checked for allergies to ammonia before
participating in this test procedure.
6.0—Test Procedure
  8.1.3  Measure the test area to the nearest
foot and calculate its volume in cubic feet
Multiply the teat-area volume  by 0.2
miQiliters of ammonia per cubic foot of test
area volume to determine the  approximate
volume of ammonia required to generate 1000
ppm in the test area.
  8.1.2  Measure  this volume  from the supply
of concentrated ammonia and place it into a
closed plastic container.
  6.1 J  Place the jar, several high range
ammonia detector tubes and the pump in the
clean test pan and locate it  near the test ares
entry door so that the suited individual has
easy access to these supplies.
  8.2.1  In a non-contaminated atmosphere.
open a presealed ammonia  indicator strip
and fasten one end of the strip to the inside
of suit face shield lens where it can be seen
by the wearer. Care shall be taken not to
contaminate the detector part of the indicator
paper by touching it A small piece of
masking tape or equivalent  should be  used Is
attach the indicator strip to  the interior of the
suit face shield.
  8.2.2  If problems are encountered with
this method of attachment the indicator strip
can be attached to the outside of the
respirator face piece being used  during the
test assuming the face piece is worn wrthm
tha TECP suit.
  8.3  Don the respiratory protective  device
normally used with the suit and then  don the
TECP suit to be tested Check to be lure all
openings which are intended to be sealed
(zippers, gloves, etc.) are completely sealed
DO NOT. however, plug off any  venting
valves.
-------
            Federal Register / Vol. 51. No.-244 /  Friday, December  19.  1986 / Rules  and Regulations      45673
  6.4  Step into the endoeed test room such
as a closet, bathroom, or leal booth, equipped
with an exhaust fanJMo,air should be
exhausted from the chamber during the test
because this will dilute die ammonia
challenge concentrations.,
  6.5  Open the container with 'he Pre~
measured volume of ammonia within the
enclosed test room, and pour the liquid into
the empty plastic teat pan. Wait two minutes
to allow for adequate volatilization of the
ammonia. :A small mixing fan can be used
near the evaporation pan to increase the
evaporation rate of ammonia.
  6.6  After two minutes, a determination of
the ammonia concentration within the
chamber should be made using the high range
colorimetric detector tube. A concentration- of
1000 ppm ammonia or greater shall be
generated before the exercises are started.
  8.7  To test the integrity of the suit the
following four minute exercise protocol
should be followed:
  8.7. J  Raising the arms above the head
with at least 15 raising motions completed in
one minute.
  6.7.2  Walking in place for one minute with
at least 15 raising motions of each teg in a
one-minute period.
  6.7.3-  Touching the toes with a least 10
complete motions of the arms from above the
head to touching of the toes in a one-minute
period.
  6.7.4  Deep knee bends with at least 10
complete standing and squatting motions in a
one-minute period.'
  6.8-  At any time during the test should the
colorimetric indicating paper change colors-
the test should be stopped and section «. 10
and 6.12 initiated.
  6.9  After completion of the test exercise,
the test area concentration should be
measured again using the high range
colorimetric detector tube.
  6.10 Exit the test area.
  6.11 The opening created by the suit
zipper or other appropriate suit penetration
should be used to determine the ammonia
concentration in the suit with the low range
length of stain detector tube or other
ammonia monitor The internal TECP suit air
should be sampled far enough from the
enclosed test area to prevent a false
ammonia reading.
  6.12 After completion of the measurement
of the suit interior ammonia concentration
the test is concluded and the suit Is doffed
and the respirator removed.
   6.13 The ventilating fair for the test room
should be turned orran-------
4SBW     Fa-lBial Hq&ialui f  Vat. 51?-NcK  244  / Friday, December 19, 1S8» /  Rales and  Regulations
  0. £eref
protection i» ngi
skin p*»<€ttioi> i
                               l ftfTU
  1.
contained breairungappar»tuB,{gCBAi or
pressure-demand supplied *fr nsprrator wffll
escape SCBA (NIOSH approved}.
  2. Hoadetftfiemtcat-ntnlaBl efatfring
(overalls amMong^iiecvetif&cVBtT coveralls:
one or
dispo»afateeheuuXaT.igsistaill meia
  3. Co VWBflfS*.
  4. Gfbve*. outer.
  5. dove*, inner,
  *. Boofts; voter, c
and shank.
  7. BSOHJ-MIJU. t
                                t: steel tve
                   etr chem
(dispemMef.
  8. Hard he*.
  9. Two-way radios (worn inside
type(s)«f «tik
Level C equipment used a« appropriate
  1. Full-face or half-mask, air purifying.
canisterequrpped respirators (NIOSH
approved).
  2. Hooded chemical-resistant clothing
(overalls; twv-piece cheuiicai-spiasii sm't:
drsposarfrfl cBdnxcal-rusistant overall*1}.
  3. CoveraHs*.
  4. Gloves, outer*, chemicai-resistaut.
  5, Gloves', mim, cheinicai-resisiaiiL
  6, Boots (outer), cheratcaKreswtant steel toe
and shank*.
  7. Boot-coven, outer, chemiorf-reaittmt
(disposaWe)*.
  8. Hard hat
  9. Escape maek*
  10. Two-way radio* (wonvuixlaravtnd*
protective elottMng).
  ll.Fae**luaW
   Optional, as appncsDie.
  IV. Level D—A work uniform affording
minimal protection: used for auiaance
contamination only.
Level D equipment; used as appropriate
  1. Coveralls.
  2. Gloves*
  3. Boots /'Bmifji, CuGflUCcfi-TVSifl t8Ut Steel tOB
and shank.
  4. Buots, oncers CDermcst4Mitfsir£
(disposable)*.            •*   *        _
  5. Safety glasses or chemical splasfc
goggles'.
  6. Hard hat
  7. Escape mask*.
  8. Face shield*.
  •Optional, as apptteatte.
  Part B. The types afhaaaad* for which
levels A. B, C, and D protection are
appropriate are described belaw.
  L Level A—Level A protect!** should be
used when:
  1. The F"*Tft|f!niiB yihgtapr,** has been
identified ami ra^mi-M tha high<»«t leva! oi
protection for skin, eyes, and the respiratory
•system based on either the measured (or
potential for) high cuiiceuteitluii of
arhnospnerfe vapors, gases. or parffeniateg; or
the site operations and work fonctfom
involve a high potential for splash.
immersion, or exposure to unexpected
vapors, gaaea, ar paxticulates-of m»tarial«
that are harmful to skin or capable of being
absorbed through the intact skin,
  2. Substances with a high degree of hazard
to the akin are known or suspected to  be
present, and skin contact is possible, or
  3. Qperalzoii8 nutiat be conducted in
confined, poorty ventilated areas and  the
absence of conditions requiring Level A have
not yet been determined.
  II. Level B protection should be used when:
  1. The type  and atmospheric concentration
of substances have been identified and
require a high level of respiratory »ratec£km.
but less skin protection.
  Note. — This involves atmosphere* with
1DLU nonrentraliops of specific substances
that do not represent a severe sltia hazard: at
that do not meet the  criteria for use of air-
                                              2. Th« •toweplken contain ken than IftS
                                              3. The m-mncr «f mcoaphstdy iduHifiad
                                            vapors or gases »indicated by a dsraet-
                                            reading organic vapor dotecboB iftvtnmeaL
                                            bat vapor* astd gases are not f*rspectefi
-------
            Federal Register /  Vol. 51.  No.  244 /  Friday,  December 19, 1986 /  Rules  and Regulations     45675
International Society of Fire Service
Instructors. Ashland. MA U another resource.
  3. Decontamination. Decontamination
procedures should be tailoretf-ta the specific
hazards of the site and will vary in
complexity, and number of steps, depending
on the level of hazard and the-employee's
exposure to the hazard. Decontamination
procedures and PPE decontamination
methods will vary depending upon the
specific substance, since one procedure or
method will not work for all substances.
Evaluation of decontamination methods and
procedures should be performed, as
necessary, to assure that employees are not
exposed to hazards by reusing PPE.
References in Appendix D may be used for
guidance in establishing an effective
decontamination program.
  4. Emergency response plans. States, along
with designated districts within the states,
will be developing or have developed
emergency response plans. These district and
state plans are to be utilized in the
emergency response plans called for in this
standard. Each employer needs to assure that
its emergency response pian is compatible
with the local plan. In addition, the CAER
program of the Chemical Manufacturers'
Association (CMA) is another helpful
resource in formulating an effective
emergency response plan. Also the current
Emergency Response Guidebook from the
U.S.  Department of Transportation. CMA's
CHEMTREC and the Fire Service Emergency
Management Handbook should be used as
resources as well.

Appendix D—Reference* to Appendix
  The following references to the Appendix
may be consulted for further information on
the subject of this notice:
  1. OSHA Instruction DFO CPL 2.70—
January 29, 1986, Special Emphasis Program:
Hazardous Waste Sites.
  2. OSHA Instruction DFO CPL 2-2.37A—
January 29,1986, Technical Assistance and
Guidelines for Superfund and Other
Hazardous Waste Site Activities.
  3. OSHA Instruction DTS CPL 2.74—
January 29,1986, Hazardous Waste Activity
Form, OSHA 175.
  4. Hazardous Waste Inspections Reference
Manual, U.S. Department of Labor.
Occupational Safety and Health
Administration. 1988.
  5. Memorandum of Understanding Among
the National Institute for Occupational Safety
and Health, the Occupational Safety and
Health Administration, the United States
Coast Guard,  and the United States
Environmental Protection Agency, Guidance
for Worker Protection During Hazardous
Waste Site Investigations and Clean-up and
Hazardous Substance Emergencies.
December 18,1980.
  6. National Priorities List, 1st Edition,
October 1984: U.S. Environmental Protection
Agency. Revised periodically.
  7. The Decontamination of Response
Personnel. Field Standard Operating
Procedures (F.S.O.P.) 7; U.S. Environmental
Protection Agency, Office of Emergency and
Remedial Response, Hazardous Response
Support Division, December 1984.
  8. Preparation of a Site Safety Plan. Field
Standard Operating Procedures (F.S.O.P.) 9:
U.S. Environmental Protection Agency, Office
of Emergency and Remedial Response,
Hazardous Response Support Division. April
1985.
  9. Standard Operating Safety Guidelines:
U.S. Environmental Protection Agency, Office
of Emergency and Remedial Response.
Hazardous Response Support Division.
Environmental Response Team; November
1984.
  10. Occupational Safety and Health
Guidance Manual for Hazardous Waste Site
Activities, National Institute for
Occupational Safety and Health (NIOSH),
Occupational Safety and Health
Administration (OSHA), U.S. Coast Guard
(USCG), and Environmental Protection
Agency (EPA); October 1985.
  11. Protecting Health and Safety at
Hazardous  Waste Sites: An Overview, U.S.
Environmental Protection Agency. EPA/625/
9-85/006; September 1985.
  12. Hazardous Waste Sites and Hazardous
Substance Emergencies, NIOSH Worker
Bulletin. U.S. Department of Health and
Human Services. Public Health Service,
Centers for Disease Control, National
Institute for Occupational Safety and Health:
December 1962.
  13, Personal Protective Equipment for
Hazardous  Materials Incidents: A Selection
Guide; U.S. Department of Health and Human
Services. Public Health Service, Centers for
Disease Control. National Institute for
Occupational Safety and Health: October
1984.
  14. Fire Service Emergency Management
Handbook,  Federal Emergency Management
Agency, Washington. DC, January 1985.
  15. Emergency Response Guidebook. U.S.
Department of Transportation. Washington.
DC, 1983,

[FR Doc. 86-28471 Filed 12-18-86; 12:57 am]
MLUNO COOe 4S10-M-M
-------
   Activity
Interim Measures
Investigations -
Release/Problem
Characterization
                     KEY CORRECTIVE ACTION
                  TECHNICAL GUIDANCE  DOCUMENTS
      RCRA
RCRA Sec.  3008(h)
Corrective Action
Interim Measures,
draft, 1/86

Corrective Action
Plan, (CAP), in-
terim final, 11/86

RCRA Facility
Investigation (RFI)
Guidance,  draft
final, 10/86

Test Methods for
Evaluating Solid
Wastes/EPA/SW-846,
final
                     RCRA Ground-Water
                     Monitoring Tech-
                     nical Enforcement
                     Guidance Document,
                     final, 10/86
                     Alternative Con-
                     centration Limit
                     (ACL) Guidance
                     based on 264.94(b)
                     Criteria draft,
                     12/86
      CERCLA
Guidance on Remedial
Investigation Under
CERCLA, final 6/85

User's Guide to the
Contract Laboratory
Program final, 10/84
Field Standard Oper-
ating Procedures
(SOP) Manual, Ks 4,
6, 7, 8, 9, final,
1985

Data Quality Objec-
tives (DQO).Develop-
ment Workbook for
Remedial Investiga-
tion/Feasibility
Study Activities,
draft, 7/86

Chemical, physical
and Biological
Properties of Com-
pounds Present at
Hazardous Waste Sites,
draft, 10/85

Endangerment Assess-
ment Handbook, draft,
8/85
-------
   Activity

Analysis and
selection of
Corrective Measures
      RCRA

Corrective Action
Plan (CAP interim
final, 11/86
Corrective Measures
Implementation
Corrective Action
Plan (CAP), interim
final, 11/86

Construction Quality
Assurance for
Hazardous Waste
Land Disposal
Facilities, final,
7/86
      CERCLA

Guidance of Feasibil-
ity Studies Under
CERCLA, final 6/85

Superfund Public
Health Evaluation
Manual, final, 10/86

Guidance on Remedial
Actions for Ground
Water at Superfund
Sites, draft, 12/85

Superfund Remedial
Design and Remedial
Action (RD/RA)
Guidance, 2/85
-------
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-------
         GUIDANCE DOCUMENTS RELATED  TO CORRECTIVE ACTION**

RCRA  Guidance Documents

Corrective 'Action Plan;  Interim final,  OWPE/OSW,  November 1986

    Provides Agency guidance for developing  section 3008(h)  corrective  action
    orders and corrective action requirements in  permit applications  and
    permits in sections  3004(u) and (v).   The Corrective Action Plan  (CAP)
    provides a technical framework  during corrective action  orders  and
    corrective action permit requirements.   The CAP provides a  model  for
    developing site-specific compliance schedules for corrective action orders
    by laying out scopes of work for the  three phases of a complete corrective
    action program:  the RCRA Facility  Investigation (RFI),  Corrective
    Measures Study (CMS), and Corrective  Measures Implementation (CMI).

RCRA Section 3008(h) Corrective Action  Interim Measures: draft,  OWPE; January
1986

--  Reviews response actions available  under section 3008(h) to quickly
    address immediate corrective action problems  while other detailed analyses
    and investigations occur concurrently.   Describes implementation  strategy,
    decision criteria, and process-specific  measures that can be taken.   The
    strategy also provides interim  measures  language to include in  corrective
    action orders.

Interim Measures Guidance; draft; OWPE;  May  1986

    Provides guidance to Regional/State staff on  (1) how to  identify
    situations requiring immediate  response  to mitigate a threat to human
    health and environment consistent with the long-term solution at  the
    facility and (2) the actions the owner/operator must take.

Guidance on Facility Management Planning; draft;  OSW; April  26, 1985

    Provides guidance to the Regions and Statesin developing facility
    management plans and strategies. Provides guidance on initial  facility
    screening, framework for a FMP, and a Facility Management Strategy.

RCRA Facility Investigation (RFI) Guidance;  draft; OSW; October 1986

    Provides detailed guidance to owner/operators for performing an RFI.  This
    document identifies  the critical steps,  describes methods and addresses
    information requirements.  It describes  how to prepare an RFI plan;
    strategy for characterizing releases; QA/QC procedures;  data presentation;
    health and safety; and media-specific investigation techniques.
**Note:  This is not a complete listing of the Agency guidance which may be
relevant to the corrective action process.  A number of documents are
presently under development and have not been included.
-------
                                     -2-
RCRA Facility Assessrr.^nt (RFA) Guidance;  OSW;  October 1986

    Provides guidance to Regional/State staff on how to conduct an RFA.  It
    focuses on:  identifying releases requiring further action; screening
    SWMUs for further investigation; collecting initial data on contamination
    levels"; and media specific investigation techniques.

RCRA Ground-Water Monitoring Technical Enforcement Guidance Document (TEGD);
final; EPA/OWPE; September 1986

    Provides guidance on data collection and well spacing and design for
    detection and assessment monitoring at Interim Status facilities.   This
    guidance should be consulted in both the RCRA Facility Investigation and
    Corrective Measure stages of the RFI/CMS.

Construction Quality Assurance for Hazardous Waste Land Disposal Facilities;
EPA/530-SW-85-031; July 1986

    Public guidance on construction quality assurance for hazardous waste
    landfills, surface impoundments, and wastepiles.

Alternative Concentration Limit (ACL) Guidance; draft; OSW; December 1986

    Provides guidance to owner/operators on how to develop the variance
    application for an Alternate Concentration Limit in ground water
    cleanups.  It addresses data collection and analysis, exposure assessment
    and other issues that are necessary to support the variance application.

Preamble to Closure Conforming Changes Final Rule -- 4Q CFR 265.228; draft;
OSW; currently in OMB review

--  This rule amends the closure options for owner/operators of interim status
    surface impoundments.  Formerly, owner/operators could close a surface
    impoundment as a storage unit and  leave some waste  in the unit if they
    could demonstrate that the constituents were no  longer hazardous under
    Part 261.  Under the conforming change, owner/operators of interim status
    surface impoundments must either clean close or  close as a land disposal
    unit.

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods; OSWER;
SW-846; July 1982

    Provides procedures that should be used to determine whether  a waste  is  a
    hazardous waste as defined by 40 CFR Part  261.

Chemical,  Physical and Biological Properties of Compounds Present  at Hazardous
Waste  Sites; EPA/OWPE; September  1985

    Provides detailed technical information on the  physical and toxicological
    properties of a wide  range of chemicals.   Such  information should be
    included  in the RCRA  Facility Investigation and should be  used  in
    developing Corrective Measures.
-------
                                     -3-
Methods for Chemical An^Ivsis of Water
    Provides test procedures for monitoring waste discharge water supplies,
    and ambient waters.

Toxicology Handbook -- Principles Related to Hazardous Waste Site
Investigations; EPA/OWPE; August 1985

    Discusses toxicological principles.   Intended as an aid for
    non-toxicologists.

Proposed Amendments for Landfill, Surface Impoundments and Waste Pile Closures
(Hybrid Closure); draft; OSW; currently in OMB review
                                                         *
    Will provide new standards for land disposal unit closure and may provide
    a model for source removal under corrective action.  The proposed approach
    outlines the criteria which would enable owner/operators, under some
    narrowly defined conditions, to leave limited quantities of hazardous
    waste in the unit provided that such waste does not pose a threat to human
    health and the environment.  This approach would also allow some
    owner/operators to obtain variances from the existing land disposal
    closure standards such as cover requirements.

Guidance on Public Involvement in the RCRA Permitting Program; draft; OSW;
March 1986

    Provides guidance on public involvement during permit modification.
    Corrective measure selection will probably require a major permit
    modification and necessitate public participation

National RCRA Corrective Action Strategy; draft; OWPE and OSW; October 1986

    Outlines Agency's overall approach for implementing the new corrective
    action provisions 3004(u), 3004(v), and 3008(h).  The document discusses
    the basic authorities for requiring corrective actions under permits and
    enforcement orders,  processes that will be used to investigate facilities
    and select corrective measures, strategies for compelling owner/operators
    to take corrective action, and the role of the states.

Final Codification Rule; 50 Federal Register 28702, July 15, 1985

--  The rule amends existing hazardous waste regulations to reflect those
    statutory provisions of HSWA that have immediate or short-term effects on
    the regulated community.  The rule also adds Part 280 to incorporate the
    interim requirements for underground storage tanks under new section
    9003(g) of HSWA.

Proposed Codification Rule; 51 Federal Register 10706, March 28, 1986

    This rule is a companion rule to the Final Codification Rule.  It includes
    provisions to implement the statutory requirement for double-liners and
    corrective action beyond the facility property boundary.
-------
RSI ••••3_:  Agency Interpretation of Secrion 30Q4fu) :  Cprjrect ive_ Acticm fo_r
Continuing Releases; drafc;  OSWER;  January 1985

    Provides statutory interpretation of the 3004(u)  authority.   It describes
    the types of information Regions/States should request from  the
    owner/ opera toe on SWML's  and potential releases at facilities subject to
    corrective action.  The  owner/operator response includes identification of
    SWMUs and their characteristics at RCRA facilities.

Interpretation of Section 3008(h) of the Solid Waste  Disposal Act;  OVPE;
December 1985

--  This policy guidance discusses  statutory authority,  relationship to
    permitting authority, and appropriate guidance documents.  It generally
    explains provisions of the statute.

Issuance of Administrative Orders Under Section 3013  of the Resource Conservati
on and Recovery Act; OSWER & OECM;  September 1984

    This memo provides guidance on the use of 3013 orders, the statutory
    authority to require owner/operators to perform certain studies and
    investigations.  This memo addresses delegation of authority, criteria for
    issuing an order, determination of the appropriate respondent,  elements of
    the order, review and discussion of the owner/operatoirs proposal,
    oversight, and enforcement.  Model orders are attached as appendices.


Final Revised Guidance Memorandum on the Use and Issuance of Administrative
Orders under Section 7003 of RCRA;  final, OECM, September 1984

    Memorandum provides guidance to assist Regional offices  in developing and
    issuing Administrative Orders under RCRA section 7003.  Memorandum
    describes the scope of section 7003, decision criteria  for selecting an
    enforcement option, elements of an Administrative Order, Conference
    procedures, modification, revocation, or stay of the Order,  negotiation of
    Orders, and delegation of authority.  In addition, the memorandum provides
    a sample state notification  letter.
-------
CERCLA Guidance  Documents
Guidance on Remedial Investigations Under CERCLA;  OERR & OWPE;  May 1985

    Provides detailed guidance on the information  that shoald be collected in
    performing a CERCLA Remedial Investigation.  This document  can be
    consulted in performing the investigation portion of the RFI/CMS since
    most of the RCRA Facility Investigation data needs are identical to  those
    in CERCLA.

Superfund Exposure Assessment Manual; draft; 	; January  1986

    Outlines a framework for a comprehensive, consistent,  and appropriate
    assessment of human exposure to contaminants from uncontrolled hazardous
    waste sites.  Provides an integrated methodology for assessing human
    population exposure based on the three major component analyses required
    for such assessment:  (1) analysis of toxic contaminants released from a
    site, (2) determination of the environmental fate of such contaminants,
    and (3) evaluation of the nature and magnitude of human population
    exposure to toxic contaminants.

Site Inspection Sampling Strategy for Supporting HRS Scoring; under
development; draft; OSWER; January 1986

    This document guides the Site Inspection (SI)  team in developing a
    sampling plan that leads to an appropriate HRS score for the site.  The
    goal is to provide field staff with a framework of logic for developing a
    sampling plan which will provide the data and  analysis needed to support
    the HRS.

Uncontrolled Hazardous Waste Site Ranking System:   A User's Manual; 50 Federal
Register 5910, February 12, 1985

    This document describes the Hazardous Ranking  System (HRS), the instrument
    for evaluating a site's relative potential to  threaten human health and
    the environment.  It also provides detailed instructions for using the HRS.

Field Standard Operat ing Procedures (FSOP)

    Provides guidance in a cookbook format for various field activities.  The
    procedures are described in the following manuals:  FSOP #4 -- Site Entry
    (January 1985);  FSOP #7 --  Decontamination of Response Personnel
    (January 1985);  FSOP #8 -- Air Surveillance (January 1985);  FSOP #6 --
    Work Zones (April 1985); and FSOP #9 -- Site Safety Plan (April 1985).

Quality Assurance/Field Operations Methods Manual; 	; 	;
    Provides Remedial Project Managers (RPMs), quality assurance officers, and
    States with a consolidated reference of all REM field procedures.  This
    manual also promotes consistent field procedures among all ten EPA Regions.
-------
                                     -o-
Occupat ional Safety and Health Technical j\s_s istarce_and Enforcement Guideline;,
for Super fund; 	;  March 1934

    Provides direction, for OSHA field staff who may conduct enforcement
    activities or provide technical assistance at hazardous waste sites.

Guidance OR Feasibility Studies Under CERCLA;  OERR & OWPE;  April 1985

--  Provides a framework for developing, screening, and selecting a remedial
    action under CERCLA.  Most of the techniques described are appropriate for
    the development, screening, and selection of RCRA Corrective Measures.
    However, the management and policy objectives presented in the document
    (i.e., fulfilling the requirements of the CERCLA National Contingency
    Plan) are not appropriate to RCRA and should be omitted from the
    Corrective Measure decisionmaking framework.

Modeling Remedial Actions at Uncontrolled Hazardous Waste Sites; 	;
    Provides guidance on the selection and use of models for the purpose of
    evaluating the effectiveness of remedial actions at uncontrolled hazardous
    waste sites.  Provides regulatory officials with guidelines for
    incorporating models into the remedial action planning at Federal and
    State Superfund sites.

Guidance Document for Cleanup of Surface Tank and Drum Sites; 	;  May 1985

    This manual provides guidance on carrying out concurrent remedial planning
    activities and accelerating project implementation for the cleanup of
    surface tanks and drums containing hazardous waste.

Guidance Document for Cleanup of Surface Impoundment Sites; 	; June 1986

    Provides detailed guidance for conducting a limited remedial investigation
    and a limited feasibility study for the purpose of selecting appropriate
    remedial actions at MPL sites with one or more surface impoundments of
    hazardous waste.

Slurry Trench Construction for Pollution Migration Control; EPA/540/2-84/001;
February 1984

    Provides in-depth guidance on the use of slurry walls  for the control of
    subsurface pollutants.

Leachate Plume Management; EPA/540/2-85/004; November  1986

    Provides an overview of the  fundamental concepts,  procedures and
    technologies used in  leachate plume management.  Plume generation dynamics
    and delineation are discussed, plume control technologies are evaluated,
    and selection criteria for site applications are defined.
-------
MCXJ - *e Treat ~ en: Techno logics for _5u £>?£_- a._! Wastes,
September 1986

    Provides background information on mobile units providing thermal,
    chemical, physical, or biological on-site treatment (including
    immobilization).  Discusses planning considerations and data requirements
    in system use.

Policy on Flood Plains and Wetlands Assessment; 	;  August 1985

    Discusses situations that require preparation of a flood plains or
    wetlands assessment, and the factors that should be considered in
    preparing an assessment for CERCLA response actions.

Data Quality Objectives (DQO) Development Workbook for RI/FS Activities;
draft; OERR; July 1986

    Describes the four data quality levels used in sampling and analysis
    activities performed under CERCLA and the criteria used to determine which
    level is appropriate.   The four levels range from field procedures to very
    rigorous laboratory protocols.

User'-- Guide to the Contract Laboratory Program; OERR; October 1984

    Outlines requirements and analytical procedures for CLP protocols and
    procedures for sample handling under CERCLA.

Endangerment Assessment Handbook; EPA/OWPE; August 1985

    Provides guidance on developing a CERCLA (or RCRA 7003) Endangerment
    Assessment.  The information presented might be useful in assessing health
    and environmental effects in the RFI/CMS.

Superfund Public Health Evaluation Manual; OERR; October 1986

    Provides guidance on methods for public health evaluations that are
    conducted as part of EPAs feasibility study process at CERCLA sites.  The
    manual specifically supports chapter 5 of the Guidance for Feasibility
    Studies.

Superfund Remedial Design and Remedial Action Guidance; February 1985

    Provides guidance on developing remedial design and remedial alternative
    screening and case studies which are largely applicable to the RFI/CMS.
    The guidance is intended to be consistent with EPA's Ground Water
    Protection Strategy and with RCRA.

Remedial Action at Waste Disposal Sites (Revised); EPA/625/6-85/006;  1985

    Provides basic reference material on the design and implementation of
    remedial action.  Although the document is geared towards the CERCLA RI/FS
    process, most of the material presented is directly applicable to the RCRA
    Corrective Action Plan.
-------
Gui._:l ince on Remedial Actions for _C_qncamin.iced Ground Wat-"" at S^g.£r f-ir^.l Sit^s,
 draft; OERR; Occober 1986              -                      ~

    Focuses on key decisions in the development, evaluation, and selection of
    ground water remedial actions at Superfund sites.  An emphasis is placed
    on policy issues and the decision making process for ground water remedi.il
    actions rather than technical issues.

Community Relations in'Superfund: A Handbook; draft; OERR; October 1986

    This document provides guidance for community relations in the Superfund
    Program.  Its primary emphasis is to aid officials in planning and
    implementing community relations activities.  It sets forth policy
    requirements for coordinating community relations activities at Supefund
    sites and additional techniques and guidance that can be used to enhance
    the basic requirements.

Federal-Lead Remedial Project Management Manual; draft; 	; 	
    Assists EPA Remedial Project Managers (RPMs) in managing Federal-lead
    remedial response projects by describing procedures for and
    responsibilities of the RPM during the planning, design, construction,
    operation and close-out of remedial response projects.

State-Lead Remedial Project Management Manual; draft; 	  ; 	
    Assists EPA Remedial Project Managers  (RPMs) in managing State-lead
    remedial response projects.  This manual describes the responsibilities of
    the RPM during the planning, design, construction, operation, and
    close-out of remedial response projects.

National Contingency Plan (N'CP) 40 CFR Part 300

    Provides the regulatory framework for  implementing CERCLA.   It outlines
    the responsibilities and coordination  of implementing agencies.  It
    describes regional and local plans and the response and remedial action
    process for oil and hazardous substances.  The NCP was revised in  1985 to
    streamline the process and make other  changes based on experience  gained
    from implementation and to make CERCLA consistent with other pertinent
    Federal and State standards.

Discharge of Vastewater from CERCLA Sites  into POTVs; joint memo from  OERR and
OWPE to Waste and Water Management Division Directors; 	

    This memo addresses the concerns and  issues  unique to POTWs  that must be
    evaluated prior to discharging CERCLA  wastewater  to a POTW.

Participation of Potentially Responsible Parties in Development  of RIs and
FSs; OWPE; March 1984

    This document sets forth policies and  procedures  governing the
    participation of PRP's in  the development of RI/FS under  CERCLA,
-------
                                     -3-
    incUiding.  c ircu-'s t ar.;es in which RI/FS may be conducted by PRPs ;
    procedures for notifying PRPs when the Agency has identified target sites
    for the development of RI/FS; and principles governing PRP participation
    in Agency-financed RI/FS.

Preparation of Decision Documents for Approving Fund-Pinanced and PRP Remedial
Actions Under CERGLA; OWPE; February 1985                             "

    Provides Regional offices with guidance for preparing decision documents
    required for the approval of fund-financed and PRP remedial actions (e.g.,
    a Record of Decision (ROD) which documents the Agency's decision-making
    process and demonstrates that the requirements of CERCLA and the NCP have
    been met).

Remedial Action Costing Procedures Manual; 	; September 1985

    Provides guidance for preparing detailed feasibility cost estimates of
    alternative remedial actions, and assists project managers and decision
    makers in developing and evaluating cost estimates for alternative
    remedial responses to uncontrolled releases of hazardous substances.

Removal Cost Management Manual; 	; January 1985

    Provides procedures for on-site personnel in performing cost-management
    activities at Superfund removal sites.
-------
 ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF RESEARCH AND DEVELOPMENT
      TECHNICAL ASSISTANCE DIRECTORY
                        Regional Services Staff (RD-674)
                        Office of Research Program Management
                        Environmental Protection Agency
                        Washington, DC 20460
                        May 1986
-------
                       ENVIRONMENTAL PROTECTION  AGENCY
                     OFFICE  OF RESEARCH AND DEVELOPMENT


                               Technical Assistance Directory


  The Office of Research and Development conducts an    associated  laboratories  and  field  locations  (see
Agency-wide  integrated  program  of research  and    organizational chart)
development relevant to pollution sources and control,     The programs, areas of expertise, and primary contacts
transport and fate processes, health and ecological effects,    in each of the major ORD field operations are conveyed in
measurement and monitoring, and risk assessment. The    the  following  directory. These  laboratory information
office rigorously disseminates its scientific and technical    sheets are  made  available  in  an  effort to improve
knowledge and upon request provides technical reviews,    communication and technology transfer with  our  ORD
expert consultations, technical assistance  and advice to    client
environmental decision makers in the federal, state, and     In addition,  information  may  be obtained  from the
local governments.                                     following operations offices  in Washington,  DC.  ORD
  The  ORD  implements  its  activities   through  its    publications may be requested  from  the Center for
Washington, DC headquarters' offices and seventeen    Environmental  Research Information in Cincinnati, OH.
                                                   Commercial                  FTS
                Office of Health Research            202-382-5900             8-382-5900

                Office of Environmental              202-382-5950             8-382-5950
                Processes and Effects
                Research

                Office of Acid Deposition,            202-382-5767             8-382-5767
                Environmental Monitoring and
                Quality Assurance

                Office of Health and                 202-382-7317             8-382-7317
                Environmental Assessment

                Office of Research Program           202-382-7500             8-382-7500
                Management

                Office of Environmental              202-382-2600             8-382-2600
                Engineering and Technology

                Office of Exploratory                 202-382-5750             8-382-5750
                Research

                Center for Environmental            513-569-7562             8-684-7562
                Research Information
  Clients are urged to contact the laboratories directly. If   can be easily obtained by contacting the Regional Services
help  or coordination is  needed to properly access the   Staff in Washington, DC on (CML) 202-382-7667 or (FTS)
laboratories' or headquarters' offices, directory assistance   8-382-7667.
-------











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Cincinnati. OH
E

-------
       HAZARDOUS  WASTE ENGINEERING RESEARCH  LABORATORY
  Thomas R. Mauser, Director
 FTS:      684-7418
CML: 513-569-7418
        26 W. St. Clair
Cincinnati, OH 45268
  The Hazardous Waste Engineering Research Laboratory
is responsible for the following major program areas'

HAZARDOUS WASTES  Develops techniques for defining
and characterizing solid and hazardous wastes, in order to
provide reliable bases for regulatory and permitting deci-
sions. Catalyzes advances in the state-of-the-art of solid
and hazardous waste treatment and disposal, to encourage
early commercialization of improved or lower cost control
methods
              HAZARDOUS SUBSTANCES  (SUPERFUND)- Develops
              techniques for defining and characterizing uncontrolled
              dump sites and releases of hazardous and other materials
              (e.g., spills) in order to provide reliable bases for regulatory
              decisions. Catalyzes advances in the state-of-the-art control
              of releases from underground storage tanks and contain-
              ment and clean-up methods for uncontrolled dump sites
              and spills to encourage early commercialization of improved
              or lower cost control methods.
                                       OFFICE OF THE DIRECTOR
                                         HWERL-Cincinnati. OH
  ALTERNATIVE TECHNOLOGIES
           DIVISION

     THERMAL DESTRUCTION
           BRANCH

        CHEMICAL AND
          BIOLOGICAL
     DETOXIFICATION BRANCH
                                     LAND POLLUTION CONTROL
                                             DIVISION

                                           CONTAINMENT
                                             BRANCH

                                         RELEASES CONTROL
                                             BRANCH
-------
                     HWERL-CINCINNATI AREAS OF EXPERTISE
                                                 TELEPHONE*

Office of the Director
Thomas R Mauser                                         7418
  William A. Cawley                                       7896

ALTERNATIVE TECHNOLOGIES DIVISION
Clyde J Dial                                              7528

Thermal Destruction Branch
E Timothy Oppelt                                         7696
  Donald A. Oberacker                                     7431

  Robert E. Mournighan                                    7430

  Myron Malanchuk                                       7881
  Harry M.  Freeman                                       7529

  C C. Lee                                                7520

  George Huffman                                         7881

  Benjamin L. Blaney                                      7519

  Robert A. Olexsey                                       7717
  Louis H Garcia                                          7881
  Laurel J Staley                                          7881

  Ronald J  Turner                                         7775

  Douglas W Grosse                                       2621

  H Paul Warner                                          7293
Chemical and Biological Detoxification Branch
Albert J  Klee                                              7493

  S Garry Howell                                          7756
  Charles J Rogers                                         7757

  Pasquale S  Sferra                                        7774

  Brian A Westfall                                         7755
  Edward R Bates                                          7774

LAND POLLUTION CONTROL DIVISION
Ronald D Hill                                              7861

Containment Branch
Norbert B Schomaker                                       7871

  Donald E  Sanmng                                        7875
  Carlton C Wiles                                          7795
  Robert E Landreth                                        7836
AREA OF EXPERTISE
Control technology
Control technology
Control technology
Incineration, treatment of hazardous waste
Conventional and "at sea" incineration,
 disposal of HW in boilers
Disposal of HW in kilns, Combustion
  Research facility
Non-flame thermal destruction
Innovative technologies, HW minimization,
 reuse
Plasma arc and HW treatment
 data base, engineering analyses
Thermal destruction
 mechanisms
Air emissions from treatment, storage and
 disposal facilities, solvent wastes
Hazardous waste treatment technology
Microspray burners
Turbulent flame-reactor and control
  temperature tower
Hazardous waste treatment,
 performance evaluations, organic wastes
Pilot scale hazardous waste
 treatment, metal wastes
Hazardous waste treatment residues,
 corrosive wastes
Operations research and systems
 analysis
Aqueous hazardous wastes, metals removal
In situ treatment of soils, chemical detoxificat
Photochemical
In situ biological detoxification
Vegetative
Pesticide disposal
Oil shale
Control technology, mining
Land disposal, RCRA facilities,
  municipal solid waste
Uncontrolled waste sites, containment
  technology, in situ treatment, thermal
  fusion (vitrification), dioxin
Impoundments, encapsulation/overpackmg,
  stabilization/fixation, stabilization
  process, underground mines
Landfill liners, landfill design and
  operation, pollutant control, flexible
  membrane liner, compatibility testing
-------
  Mike H Roulier

  Walter E  Grube

  Robert Hartley
  Naomi Barkley

  Janet Houthoofd

  Steve James

  Jon Herrmann
  Herbert Pahren
  Edward Opatken
  Ronald Lewis
  Paul de Percm

  Eugene Harris
  Douglas Ammon


  Mary Ann Curren

Releases Control Branch
  Woodbridge Avenue
  Edison, NJ 08837-3679

Ira Wilder

  Frank Freestone
  John S Farlow
  Michael Gruenfeld
  Richard Traver


  John Brugger
  Anthony Tafuri
  James Yezzi
  Mary Stinson

  Michael Royer
TELEPHONE*

        7795

        7795

        7838
        7854

        7863

        7877

        7839
        7874
        7855
        7856
        7797

        7862
        7876


        7837



201 321-6635'

 "8-340-6635

  8-340-6632
  8-340-6634
  8-340-6625
  8-340-6631


  8-340-6634
  8-340-6604
  8-340-6703
  8-340-6683

  8-340-6633
AREA OF EXPERTISE

Clay liners, waste leaching,
  pollutant migration
Soils chemistry, barriers (slurry walls),
  bottom sealing, soil liners
Covers
Plume management, building and
  equipment, decontamination
Waste storage freezing technology,
  freezing
Leachate control and treatment, fugitive
  dust control, toxic and flammable gases
Permeable treatment walls, electrokinetics
Grouting, grouts
Thermoplastics, town gas works sites
Biodegradation
Volatile  emissions,  all monitoring/
  modeling
Mining sites
Remedial action modeling,  remedial
  investigation/feasibility study process,
  remedial action costs
Flexible  membrane liners
Spills, Environmental emergency
  response unit
Mobile treatment, on-site technology
Spills, floating spills, precipitation
Treatment chemistry
Flushing, delivery and recovery methods,
  underwater protective clothing, mobile
  m-situ containment/treatment system
Sorption, EPA-developed on-site
  treatment/control technologies
  (mobile soil washer, mobile carbon
  regenerator, etc )
Ion exchange, chemical treatment
Incineration technology
Commercially developed on-site
  treatment technologies
Protective clothing and equipment,
  avoidance procedures,  personal
  hazard detection
*FTS  684-xxxx, CML 513-569-xxxx
**Mam Commercial Number for Edison, NJ, No FTS number
-------
                  WATER  ENGINEERING RESEARCH LABORATORY
   F.T. Mayo, Director
 FTS.       684-7951
CML:  513-569-7951
                             26 W.  St.  Clair
                     Cincinnati, OH 45268
  The  Water  Engineering   Research  Laboratory
responsible for the following major program areas.
         is
WATER  QUALITY-  Treatment levels for  sludge prior to
ocean  dumping;  treatment   levels  for  wastewater
discharged through ocean outfalls.

MUNICIPAL WASTEWATER: Innovative  and alternative
technology;  small  wastewater flows and  information
dissemination, sludge processing, conversion, and land
application;   plant   operation,  design  and  upgrading;
evaluation of new wastewater treatment processes; toxic
pollutant control at POTWs.

INDUSTRIAL  WASTEWATER: Evaluation of  wastewater
treatment  methods for  water  quality  standards;
development of toxicity reduction protocols and manuals
for industries not yet addressed.
DRINKING WATER-  Control and removal of physical and
chemical contaminants, including organics, inorganics and
participates,  prevention  of  water quality deterioration
during storage and distribution; control and prevention of
microbiological  contaminants,  improve water supply and
treatment management practices

PESTICIDES: Develop and evaluate protective clothing and
equipment for use in preventing pesticide exposure.

TOXICS. Alternatives to  mitigate  chemical release and
exposure; develop predictive capabilities to assess PMNs
for  new   chemicals;  assess  physical,   chemical  and
biological   techniques   and   devices  for genetically
engineered organisms, asbestos  environmental control
measures
        DRINKING WATER
       RESEARCH DIVISION

        MICROBIOLOGICAL
        TREATMENT BRANCH

         INORGANICS AND
          PARTICULATES
        CONTROL BRANCH

            ORGANICS
        CONTROL BRANCH

        SYSTEMS AND COST
        EVALUATION STAFF
                                         OFFICE OF THE DIRECTOR
                                            WERL Cincinnati. OH
     INDUSTRIAL WASTES
        AND TOXICS
    TECHNOLOGY DIVISION

       CHEMICALS AND
          CHEMICAL
      PRODUCTS BRANCH

     MANUFACTURING AND
      SERVICE INDUSTRIES
           BRANCH
                               WASTEWATER
                            RESEARCH DIVISION

                               SYSTEMS AND
                               ENGINEERING
                            EVALUATION  BRANCH

                               TECHNOLOGY
                            ASSESSMENT BRANCH
-------
                     WERL-CINCINNATI AREAS  OF EXPERTISE
Office of the Director
FT  Mayo
  L W  Lefke

DRINKING WATER RESEARCH DIVISION
Robert M Clark.
  Edwin E Geldreich

Microbiological Treatment Branch
Gary Logsdon
  John Hoff
  Don Reasoner

Inorganics and Participates Control Branch
Tom Sorg
  Marvin Gardels

Organics Control Branch
Alan Stevens
  Richard Miltner

Systems and Cost Evaluation Staff
Ben Lykins

INDUSTRIAL WASTE TREATMENT AND
 TOXICS TECHNOLOGY DIVISION
Alden G. Christiansen

Chemicals and Chemical Products Branch
Clyde Dempsey
  Ken Dostal
  Dave Watkins

Manufacturing and Service Industries Branch
Roger C. Wilmoth
  John Burckle
  William Cain
  S. Jackson Hubbard

WASTEWATER RESEARCH DIVISION
John Convery
  Lewis Rossman
Systems and Engineering Branch
Carl A. Brunner
  James Kreissl
  Joe Farrell
  Jim Ryan
  Richard Brenner
  Albert Venosa
  Frank Evans

Technology Assessment Branch
Fred Bishop
  Walter Schuk
  Atal Eralp
                                                TELEPHONE*
7951
7953
7201
7232
7345
7331
7234
7370
7217
7342
7403
7460
7406
7504
7503
7547
7509
7506
7559
7507
7601
7603
7655
7641
7645
7653
7657
7668
7610
7629
2828*
2828*
                  AREA OF EXPERTISE
Control technology
Control technology
Treatment and system costs
Microbiological treatment
Filtration and corrosion
Disinfection
Home treatment devices
Inorganics removal and corrosion
Corrosion
Organic chemistry and treatment
Organics control engineering
Cost evaluation, organics field
  evaluation
Industrial processes and treatment
Industrial release and prevention
Industrial treatment
Chemical reactions, wastes
Asbestos, mining, industrial treatment
Smelting, Biotech engineering processes
Asbestos
Mining
Wastewater treatment
Optimization theory, water resources
 planning


Wastewater treatment
Small flows,  I and A
Municipal sludge treatment and disposal
Land disposal (metal, crop, soil interaction)
Biological treatment processes
Disinfection,  microbiology
Compliance achievement
Toxics control, Wastewater analysis
Instrumentation
Test and Evaluation Facility
*FTS. 684-xxxx, CML: 513-569-xxxx
**FTS 684-xxxx, CML  513-684-xxxx
-------
           ENVIRONMENTAL MONITORING SYSTEMS  LABORATORY
   John C. Puzak, Acting Director
 FTS:       629-2106
CML:  919-541-2106
  The Environmental  Monitoring Systems Laboratory is
responsible for the following program areas.

 METHODS  DEVELOPMENT. Develop  and  improve
 monitoring  systems  for  measuring  air pollutants in
 ambient air and stationary sources

 EQUIVALENCY PROGRAM: Implement the  ambient air
 monitoring equivalency regulations

 QUALITY ASSURANCE: Develop guidance documents for
 assuring  the quality of  air pollution  measurements;
 standardize methods  and  work with NBS in developing
 primary standards.
                    (MD-75)
Research Triangle Park, NC
                      27711
             PERSONAL EXPOSURE MONITORING. Develop methods
             for assessment of personal exposure to air pollutants in
             ambient air and indoor air; conduct special studies to
             identify air pollution problems and to evaluate exposure
             models.

             ACID  RAIN: Develop  methods  and quality assurance
             materials for measuring dry and wet deposition; operate
             •pilot monitoring networks and serve as the data repository
             for national acid ram monitoring program.

             TOXICS: Develop  methods for  measuring  toxic  air
             pollutants in ambient  air and around toxic waste  sites;
             conduct special air monitoring studies to assess the nature
             and amount of pollution.
                                      OFFICE OF THE DIRECTOR
                                    EMSL-Rasaarch Triangle Park. NC
I
QUALITY ASSURANCE
DIVISION
METHODS
STANDARDIZATION
BRANCH
PERFORMANCE
EVALUATION BRANCH
SOURCE BRANCH

MONITORING AND
ASSESSMENT DIVISION
DESIGN AND REPORTS
BRANCH
ENVIRONMENTAL
MONITORING BRANCH
INFORMATION
MANAGEMENT BRANCH

I
METHODS DEVELOPMENT
AND ANALYSIS DIVISION
ANALYTICAL SUPPORT
BRANCH
METHODS
DEVELOPMENT BRANCH

-------
                           EMSL-RTP AREAS OF  EXPERTISE
Office of the Director
  John C. Puzak
  Steven M. Bromberg

QUALITY ASSURANCE DIVISION
John B  Clements
  Darryl J  von Lehmden

Methods Standardization Branch
Larry J.  Purdue
  Frank McElroy
  Michael Beard

Performance Evaluation Branch
William J. Mitchell
  Raymond C Rhodes

Source Branch
Rodney Midgett
  Tom Logan

MONITORING AND ASSESSMENT DIVISION
Gerald  G. Akland
  David Mage

Design and Reports Branch
Charles E.  Rodes
  Jack Suggs
  Dave Holland
  Terrence Fitz-Simons
  Gary Evans

Environmental  Monitoring Branch
Thomas A  Hartlage
  Barry Martin

Information Management Branch
Thomas C. Lawless

METHODS DEVELOPMENT AND
 ANALYSIS DIVISION
Robert E. Lee
  Don Scott

Analytical  Support Branch
Joseph Walling
  Warren Loseke
  Joe Bumgarner

Methods Development Branch
Robert G. Lewis
  Robert Harless
  Nancy Wilson
  William McClenny
  James Mulik
  Richard Paur
                                               TELEPHONE*            AREA OF EXPERTISE
2106     Air pollution monitoring
2919     Acid deposition, indoor air quality
2188     Quality assurance
2415     QA handbook, traceability protocols
2665     Methods evaluation, standardization
2622     Equivalent methods
2623     Asbestos
2769     Performance audits
2574     QA statistics, quality control


2196     Source methods
2580     Source monitoring and QA
2346      Exposure assessment statistics
3184      Exposure assessment
3079     Particle monitoring
2791     Statistics and design
3126     Statistics and design
2792     Statistics and design
3124     Monitoring design
3008     Air monitoring
4386     Air monitoring
2291     Computer systems
2454     Methods development
7948     Chemometrics
7954     Chemical analysis
2173     Inorganics analysis
2430     Organic analysis
3065     Methods development
2248     Dioxin
4723     Analytical methods development
3158     Monitoring methods development
3067     Ion chromatography
3131     Ozone, acid rain methods
*FTS  629-xxxx, CML  919-541-xxxx
-------
       ENVIRONMENTAL MONITORING AND  SUPPORT LABORATORY
  Robert L. Booth, Director
 FTS:       684-7301
CML:  513-569-7301
        26 W. St. Clair
Cincinnati, OH 45268
  The EMSL—Cincinnati is responsible for the following
major program areas.

WATER QUALITY-  Standardized  biomonitormg methods
and effluent toxicity tests, quality  assurance (QA) samples
for ambient/non-point source monitoring programs.

INDUSTRIAL WASTEWATER: Validated  analytical test
methods  for National  Pollutant  Discharge  Elimination
System (NPDES) monitoring; performance evaluation (PE)
studies for discharge monitoring  reports.

DRINKING WATER:  Official chemical and microbiological
methods for meeting regulatory monitoring requirements
of Safe Drinking  Water Act (SDWA);  certification  of
laboratories and distribution of QA materials.
              TOXICS.  Evaluation  of analytical methods for key toxic
              organic  materials and preparation  of  specialized QA
              materials.

              SOLID WASTE. Evaluation and standardization  of solid
              waste (SW)-846 methods and generic methods for the
              measurement  of volatile  and semi-volatile  organic
              compounds, preparation and distribution of QA materials
              for   Comprehensive  Environmental   Response
              Compensation and Liability Act (CERCLA) and groundwater
              monitoring.

              SUPERFUND: Development of analytical methods for the
              measurement  of toxic   materials  in  Superfund-type
              samples  and QA materials for evaluation  of contract
              laboratory program (CLP) laboratories
                                        OFFICE OF THE DIRECTOR
                                           EMSL-CINCINNATI
    PHYSICAL AND CHEMICAL
       METHODS BRANCH

  INORGANIC ANALYSES SECTION

   ADVANCED INSTRUMENTATION
            SECTION

   ORGANIC ANALYSES SECTION

       SAMPLING AND FIELD
     MEASUREMENTS SECTION
   BIOLOGICAL METHODS
         BRANCH

     VIROLOGY SECTION

   MICROBIOLOGY SECTION

     AQUATIC BIOLOGY
          SECTION
    QUALITY ASSURANCE
          BRANCH

     EVALUATION SECTION

    PROJECT MANAGEMENT
          SECTION
                                                 10
-------
                      EMSL—CINCINNATI AREAS  OF EXPERTISE
                                                TELEPHONE*

 Office of the Director
 Robert Booth                                            7301
  Thomas Clark                                          7301
  Terry Covert                                            7301

 Physical and Chemical Methods Branch
 James Lichtenberg                                        7306

  Inorganic Analyses Section
  Gerald McKee                                          7372
    Theodore Martin                                      7312
    Otis Evans                                           7307
    John Pfaff                                            7307

  Advanced Instrumentation Section
  William Budde                                         7309
    Ann Alford-Stevens                                   7330
    James Eichelberger                                   7278
  Organic Analyses Section
  James Longbottom                                     7308
    Fred Kawahara                                       7313

  Sampling and Field Measurements Section
  Joseph Roesler                                        7286

Biological Methods Branch
Cornelius Weber                                         7337
                               AREA OF EXPERTISE


                       Methods and quality assurance (QA)
                       Methods and QA
                       Alternate test procedures


                       Chemical methods
                       Inorganic chemistry
                       Metals
                       Polargraphy tests
                       Laboratory certification
                      Advanced instrumentation
                      Dioxm
                      High resolution gas chromatograph/mass
                       spectrometer
                      Organic chemistry
                      Oil spills/petroleum chemistry
                      Sampling/flow measurement
                      Biological methods
  Microbiology Section
  Robert Bordner

  Virology Section
  Robert Safferman

  Aquatic Biology Section
  William Horning
Quality Assurance Branch
John Winter
  Paul Bntton

    Evaluation Section
    Harold Clements

    Project Management Section
    Edward Berg
             7319     Microbiology
             7334     Virology
 FTS:     778-8350     Aquatic biology/toxicity tests
CML: 513-527-8350
             7325     QA matters
             7325     Performance evaluation (PE) studies
             7325     Quality control (QC)/PE samples
             7325     Methods standardization
*FTS: 684-xxxx, CML: 513-569-xxxx
                                                  11
-------
           ENVIRONMENTAL MONITORING  SYSTEMS LABORATORY
   E.W. Bretthauer, Director
             FTS:       545-2525
            CML:  702-798-2525
                          P.O. Box 15027
                    Las Vegas, NV 89114
  The Environmental Monitoring Systems Laboratory, Las
Vegas, is responsible for the following  major program
areas'

OXIDANTS.  GASES AND PARTICLES. Technical support
and  development  for oxidant  and GAP field  studies,
especially  airborne  lidar  for  oxidant  transport  and
development studies; regional visibility impairment studies
and visibility monitoring methods development.

ACID  DEPOSITION: Establishment  of  analytical
methodologies, protocols  and services for analyses of
surface water and soil samples for assessing effects of
acidic  deposition;  establishment  of a  comprehensive
QA/QC program for the National Surface Water Survey
and ensure  data of known quality from the National Soil
Survey.

WATER QUALITY.  DRINKING WATER.  Development and
technical support applications of aerial and satellite remote
sensing for  water  quality monitoring, site specific field
evaluation of stream monitoring techniques.
                         HAZARDOUS   WASTE,   HAZARDOUS  SUBSTANCES:
                         Development and evaluation of geophysical and overhead
                         remote sensing technology for subsurface  and  surface
                         waste site characterization and for technical support for
                         Superfund site assessments.

                         RADIATION QA. OFF-SITE RADIATION SAFETY  Providing
                         radionuclide  standards  and  reference  materials  and
                         assisting  radiation labs in development and maintenance
                         of  a  QA/QC program;  conducting  a comprehensive
                         environmental monitoring and safety program in support of
                         DOE nuclear weapons testing activities.

                         CHEMICAL TESTING AND ASSESSMENT, PESTICIDES:
                         Development of  QA  guidelines  and  evaluation/
                         development of methods for the analysis of xenobiotics in
                         waste  media;  development of guidelines for the  field
                         testing (validation) of soil  fate and  transport  models,
                         development  of  monitoring and  statistical methods to
                         estimate  human multi-media exposure.
                                       OFFICE OF THE DIRECTOR
                                            EMSL-Las Vegas
EXPOSURE ASSESSMENT
  RESEARCH DIVISION
ADVANCED MONITORING
   SYSTEMS DIVISION

     AQUATIC AND
     SUBSURFACE
  MONITORING BRANCH

    REMOTE AND AIR
  MONITORING BRANCH

 ENVIRONMENTAL PHOTO-
 GRAPHIC INTERPRETATION
        CENTER
 NUCLEAR RADIATION
ASSESSMENT DIVISION

  DOSE ASSESSMENT
       BRANCH

  FIELD MONITORING
       BRANCH

    RADIOANALYSIS
       BRANCH
 QUALITY ASSURANCE
      DIVISION
  HAZARDOUS WASTE
 METHODS EVALUATION
       BRANCH

TOXICS AND HAZARDOUS
  WASTE OPERATIONS
       BRANCH

    PESTICIDES AND
  RADIATION QUALITY
  ASSURANCE BRANCH
                                                 12
-------
                       EMSL-LAS VEGAS AREAS OF EXPERTISE
Office of the Director
  Robert N Snellmg
Office of Program Management and Support
Walter E Petrie
  James G Payne, Jr

QUALITY ASSURANCE DIVISION
Ronald K  Mitchum
  Ross K  Robeson
  David G. Easterly
Toxics and Hazardous Waste Operations Branch
J. Gareth Pearson
Hazardous Waste Methods Evaluation Branch
Stephen Billets
Pesticides and Radiation Quality Assurance Branch
  Radiation Quality Assurance Section
  Arthur N Jarvis
  Pesticides Quality Assurance Section
  G. Wayne Sovocool
EXPOSURE ASSESSMENT RESEARCH DIVISION
Eugene P. Meier
  James W Mullms
ADVANCED MONITORING SYSTEMS DIVISION
Donald T. Wruble
  Robert E Crowe
Remote and Air Monitoring Branch
Robert W. Landers, Jr.
Aquatic and Subsurface Monitoring Branch
Leslie G. McMillion
Environmental Photographic Interpretation Center
  (Warrenton, VA)
Vernard H. Webb
NUCLEAR RADIATION ASSESSMENT DIVISION
Office of the Director
Charles F Costa
  Allan E. Smith
  John L. Connolly
Field Monitoring Branch
John S. Coogan
Radioanalysis Branch
Daryl L Thome

  Radiochemistry Section
  Robert W. Holloway
Dose Assessment Branch
Stuart C. Black
  Dosimetry Section
  Robert G. Patzer
  Data Analysis Section
  Frank Grossman
TELEPHONE*             AREA OF EXPERTISE


        2522      Environmental monitoring

        2564      Program management
        2564      Program management, radiation safety,
                   engineering

        2103      Physical organic chemistry, spectroscopy
        2103      Program analyst, chemistry
        2108      Chemistry, radiation QA

        2383      Environmental biology QA

        2232      Physical analytical chemistry, spectroscopy


        2134      Radiation QA

        2212      Organic chemistry, spectroscopy

        2201      Analytical environmental chemistry
        2207      Analytical radiochemistry

        2237      Environmental science
        2237      Water quality

        2260      Remote sensing

        2368      Ground water monitoring


    557-3110**    Remote sensing


        2305      Radiation safety
        2304      Radiation safety
        2351      Radiation safety

        2358      Radiation safety

        2158      Gamma spectrometry, mathematical
                   statistics

        2325      Radiochemistry

        2556      Radiation biology and QA

        2324      Human dosimetry

        2331      Data validation
*FTS: 545-xxxx; CML: 702-798-xxxx
**FTS 557-xxxx; CML: 703-557-xxxx
                                                   13
-------
             ATMOSPHERIC SCIENCES RESEARCH LABORATORY
  A.H. Ellison, Director
 FTS:       629-2191
CML:  919-541-2191
  The Atmospheric  Sciences  Research  Laboratory  is
responsible for the following major program areas'

GAS AND PARTICLES. Urban, regional, complex terrain,
and-source apportionment air quality model development,
evaluation and validation, materials damage and visibility
studies, air quality model documentation (UNAMAP)

OXIDANTS  Urban and regional atmospheric ozone model
development, evaluation, and validation, laboratory photo-
chemical studies.

ACID DEPOSITION Assess related atmospheric processes
to model and to evaluate acid rain, acid deposit ion, and acid
transport  and transformation over  urban and regional
scales; materials damage function studies
                    (MD-59)
Research Triangle Park, NC
                      27711
             MOBILE SOURCES  Characterize the regulated and un-
             regulated emissions from motor vehicles, assess the impact
             of mobile emissions on air quality

             HAZARDOUS AIR POLLUTANTS  Assess the  sources,
             sinks, transport, formation, removal, reaction products, and
             ultimate fate of HAPs and HAPs precursors in the atmos-
             phere
                                      OFFICE OF THE DIRECTOR
                                    ASRL-Research Triangle Park. NC


EMISSIONS
MEASUREMENT AND
CHARACTERIZATION
DIVISION


ATMOSPHERIC
CHEMISTRY
AND PHYSICS DIVISION


METEOROLOGY AND
ASSESSMENT DIVISION

REGIONAL FIELD
STUDIES OFFICE
                                                14
-------
          ASRL—RESEARCH TRIANGLE PARK AREAS OF EXPERTISE
Office of the Director
Alfred H. Ellison
  Jack H Shreffler

EMISSIONS MEASUREMENT AND
 CHARACTERIZATION DIVISION
William E. Wilson
  Kenneth T. Knapp
  Frank M  Black
  Fred H Haynie

ATMOSPHERIC CHEMISTRY AND
 PHYSICS DIVISION
Basil Oimitriades
  Joseph J. Bufalmi
  Robert K Stevens
  Jack Durham

METEOROLOGY AND ASSESSMENT DIVISION
Francis A. Schiermeier
  John F Clarke
  Peter L. Fmkelstein
  D. Bruce Turner
  James L. Dicke
  William H. Snyder
  Joan H. Novak

REGIONAL FIELD STUDIES OFFICE
William E. Wilson
                                              TELEPHONE*
2191
2191
2551
3085
3037
2535
2706
2442
3156
2183
4541
3660
4551
4564
5381
2811
4545
2551
         AREA OF EXPERTISE
Atmospheric processes
Atmospheric processes
Visibility, aerosol chemistry
Stationary sources
Mobile sources
Material damage
Photochemistry, ozone
Gas kinetics
Source apportionment
Acid deposition
Meteorological modeling
Model development
Complex terrain modeling
UNAMAP
Regulatory use of models
Wind tunnel
Data base management
Visibility, aerosol chemistry
»FTS: 629-xxxx, CML 91 9-541-xxxx
                                                15
-------
          AIR  AND ENERGY ENGINEERING  RESEARCH  LABORATORY
  F.T. Princiotta, Director
 FTS:       629-2821
CML: 919-541-2821
                     (MD-60)
Research Triangle Park, NC
                        27711
  AEERL is responsible for studying energy and industrial
pollution sources in the following major program areas'

OXIDANTS. Combustion  modification  and  control  of
nitrogen oxides -from  utility  boilers, industrial process
equipment and boilers, reciprocating and turbine engines,
commercial/residential  combustion   equipment,  etc.;
assessment of volatile organic compound sources (VOCs),
and development of VOC control technologies

HAZARDOUS AIR POLLUTANTS Assessment and control
of hazardous air pollutant (HAP) sources and of indoor air
pollutants, development of improved wood stove designs,
and  source   assessments  and  control  technology
developments for the EPA Integrated Air Cancer Project.

GASES  AND INHALABLE PARTICULATES.  Development
of third-generation, low-cost, retrofittable technologies for
the control of sulfur oxides and particulates in flue gases,
organic acid enhancement of wet flue gas desulfunzation,
dry scrubbing and coal cleaning for sulfur oxide control,
and other new  low-cost SO x control technologies (e.g., E-
SOX ); electrostatic precipitation, fabric filtration and novel
devices for the control of particulates.
               HAZARDOUS WASTE. Provide fundamental combustion
               support to the Hazardous Waste Engineering Research
               Laboratory, including droplet atomization of liquid wastes.
               failure modes in  a small  pilot-scale rotary kiln, and small
               pilot-scale studies of fluidized-bed incineration, all using
               surrogate hazardous wastes

               MULTIMEDIA  Development   of   Limestone   Injection
               Multistage  Burner  (LIMB)  process,  a  retrofittable
               combustion  modification technology for  simultaneous
               removal of sulfur oxides  and nitrogen oxides, expected to
               be important in  the mitigation of acid rain precursors;
               assessment of advanced  processes for energy production,
               such  as  synthetic  fuels,  and  support  of  regional
               assessments  of  the  impacts  on the environment  of
               initiating such processes.

               ENERGY - ACID  RAIN Participation in the National Acid
               Precipitation Assessment Program; assessment of control
               technologies suitable for mitigating acid ram precursors,
               development   of  predictive   models and  emissions
               inventories necessary to assess the extent of the national
               problem.
                                         OFFICE OF THE DIRECTOR
                                      AEERL-Research Triangle Park.NC

EANING
SION
SIGNS
GY BRANCH
:ULATE
GY BRANCH







COMBUSTION

AND ENERGY
DIVISION
COMBUSTION
RESEARCH BRANCH
ADVANCED
PROCESSES BRANCH







ENGINEERING
DIVIS
LIMB DEVE
BRAf
LIMB APPL
BRA
        HAZARDOUS AIR
     TECHNOLOGY BRANCH
                                                   16
-------
         AEERL-RESEARCH TRIANGLE PARK  AREAS OF EXPERTISE
Office of the Director
Frank Princiotta

  Alfred B Craig
GAS CLEANING DIVISION
Bill Plyler
  Mike Maxwell

  Gene Tucker


  Norm Plaks


COMBUSTION AND ENERGY DIVISION
Bob Hangebrauck

  Kelly Janes

  Bob Hall
ENGINEERING APPLICATIONS DIVISION
Jim Abbott
  Blair Martin


  Dick Stern

  Dennis Drehmel

Technical Support Office
Jim Dorsey
                                               TELEPHONE*         AREA OF EXPERTISE
2821     Air and energy environmental assessment
          and control technology development
2821     Air and energy environmental assessment
          and control technology development
2918     Gas cleaning control technologies;
          hazardous air pollutant assessment and
          control technologies
3091     Acid ram modeling, coal cleaning and
          inventories: SO* control
2746     HAPS assessment and control; VOCs control
          technologies and painting and finishing
          operations
3084     Particulate and aerosol assessment
          and controls
4134     Combustion modification control
          technology and synthetic fuels research
2852     Coal gasification, direct/indirect
          liquefaction; synfuel plant
2477     Combustion emission modeling
          and control
3443     Control technology for simultaneous
          removal of NO x , and SO „ , fundamental
          sorbent reactivity/kinetics
7504     Control technology for simultaneous
          removal of NOX  and SOX , low NOX
          burners
2973     Limestone Injection Multistage Burner
          (LIMB) demonstration
7505     LIMB; low  NO * burners; sulfur capture
2509     Sampling, monitoring, and analysis
 *FTS: 629-xxxx, CML: 919-541-xxxx
                                                17
-------
                    ENVIRONMENTAL RESEARCH LABORATORY
   T.A. Murphy, Director
 FTS:       420-4601
CML: 503-757-4601
200 S.W.35th Street
Corvallis, OR 97333
MULTIMEDIA/ENERGY- Conduct research on impacts of
acid precipitation, manage EPA's research on the effects of
acid precipitation, including crops, drinking water, surface
water and forests, define environmental impacts of energy
development  and atmospheric pollution in  arctic  and
subarctic ecosystems and  identify appropriate  mitigation
measures.

OXIDANTS. Conduct comprehensive research program on
impact of air pollutants on natural and managed terrestrial
ecosystems, especially agricultural crops and forests.

TOXICS'  Develop methods to validate existing toxicology
tests  to  assure  their ability to predict effect on field
populations,  determine effects of toxic chemicals  on
aquatic and terrestrial ecosystems and functions; develop
methods to predict ability of sediment-based contaminants
to adversely impact aquatic systems, develop methods and
data  to  assess  effects  of  biotechnology products  on
terrestrial ecosystems.

PESTICIDES: Develop or improve bioassay methodologies
for determining the effects of microbiological pest control
agents on or in non-target receptors or hosts; conduct field
validation studies  to determine  if laboratory-derived
methods and results reflect  environmental  responses
under natural pesticide use conditions.
               WATER  QUALITY Develop  improved  methods  for
               assessing the biological effects of contaminated sediment
               on  freshwater ecosystems  and  determine  need  for
               sediment criteria, develop procedures to assess biological
               integrity of freshwater ecosystems and define attainable
               uses  given background  contamination levels  in  the
               aquatic/terrestrial environs.

               HAZARDOUS WASTE.  Develop and evaluate a multimedia
               bioassay  screening protocol to indicate the  biological
               hazard associated  with contaminated soils, water  and
               sediments;  determine the potential for dioxin accumulation
               m plants, fish and animals consumed by man to define
               potential  biomagmfication in food chain systems.

               SUPERFUND: Provide field guides and reference manuals
               to describe major  environmental processes  and effects
               which  will  impact  decisions regarding containment  and
               cleanup  of hazardous  waste  and  provide  technical
               assistance based on manual information.

               SPECIAL  FACILITIES: State-of-the-art computerized
               mapping, bird and mammal bioassay facilities, waterfowl
               ponds, aquatic bioassay facilities, experimental streams
               and ponds,  plant growth chambers,  greenhouses, outdoor
               terrestrial exposure chambers, terrestrial microcosm.
                                         OFFICE OF THE DIRECTOR
                                             ERL-Corvallis. OR
      TOXICS/PESTICIDES
           BRANCH
           AIR
         BRANCH
       HAZARDOUS
      WASTE/WATER
         BRANCH
                                                   18
-------
                       ERL-CORVALLIS  AREAS  OF EXPERTISE
                                                TELEPHONE*
                   AREA OF EXPERTISE
Air Branch
M. Bobbins Church
William E. Hogsett
Robert T  Lackey
Eric P. Preston
David T Tingey
Parker J  Wigmgton

Hazardous Waste and Water Branch
Clarence  A. Callahan
Joseph C. Greene
D  Phillip  Larsen
William E. Miller
Alan V Nebeker
James M   Omernik
Gerald S. Schuytema
Mostafa A. Shirazi

Toxics and Pesticides Branch
John L. Armstrong
Richard S Bennett
J Craig McFarlane
Paul T. Rygiewicz
Ramon J. Seidler
Bill A. Williams
 4791      Limnology
 4632      Air pollution effects on vegetation
 4806      Acid ram effects, aquatic/terrestrial ecology
 4636      Forest ecology
 4621      Air pollution effects on vegetation
 4640      Hydrology
4666**    Soil invertebrate ecology
4776      Aquatic toxicology
4666**    Lake/stream ecology
4776      Chemistry/aquatic toxicology
4875      Aquatic toxicology
4666**    Geography/cartography
4764      Invertebrate taxonomy/toxicology
4666**    Systems ecology
4638      Molecular genetics
4582      Wildlife ecology/toxicology
4670      Plant physiology
4833      Plant ecology
4661       Microbial ecology/biotechnology
4679      Wildlife physiology/toxicology
 *FTS: 420-xxxx, CML: 503-757-xxxx
 **CML 503-753-6221
                                                  19
-------
                    ENVIRONMENTAL RESEARCH LABORATORY
   R.C. Russo, Director
 FTS:       250-3134
CML: 404-546-3134
College Station Road
  Athens, GA 30613
  The   Athens  Environmental   Research   Laboratory
conducts and manages fundamental and applied research
to predict and  assess the  human  and environmental
exposures and risk associated with conventional and toxic
pollutants in water and soil. Major program areas include:

WATER  QUALITY  Develop and refine  mathematical
models  for  exposure  assessment,  pollutant  fate, and
wasteload  allocation;  define  mechanisms  controlling
transport and transformation of  organics and metals in
surface water;  develop water quality assessment  models
and  basin planning management techniques including
design  and  evaluation of Best Management  Practices;
develop knowledge-based expert systems for prediction of
pollutant properties and behavior

INDUSTRIAL   WASTEWATER:  Identify  and  measure
chemical and biological properties of toxic pollutants in
industrial  and   municipal  effluent;  apply   computer
identification techniques to gas chromatography-mass
spectrometry, develop  knowledge-based expert systems
for pollutant  identification.

TOXIC CHEMICAL TESTING AND ASSESSMENT: Develop
mathematical  expressions to  describe chemical and
biological  processes,  such  as  sunlight  or  microbial
transformation  of contaminants  in water;  develop risk
               assessment  and ecological exposure analysis models.
               develop  wasteload  allocation  models  and  exposure
               assessment  models for  pollutant runoff  and leaching,
               perform  microcosm  research  and  data  analysis for
               chemical fate and effects studies

               PESTICIDES: Develop  predictive  models  of  pesticide
               migration through saturated and unsaturated soil zones to
               perform exposure and risk assessments for terrestrial and
               aquatic  organisms, develop surface  and  ground  water
               threat models from pollutant runoff and leaching, develop
               mathematical expressions  to  describe processes that
               transform toxic chemicals in water and sediment

              HAZARDOUS  WASTE: Develop  ecological  risk
               assessment methodology  for  hazardous  waste
               management; develop multimedia environmental and
               human exposure assessment techniques for toxic organics
              and  metals;  describe  organic and inorganic  pollutant
              interactions in water, soil, and sediments.

              SPECIAL FACILITIES/RESEARCH  TOOLS: Center  for
              Water Quality Modeling (distribution and maintenance of
              computer programs and training and assistance for users)
              and  aquatic  channel  microcosms (indoor  facilities for
              examining chemical pollutant fate and testing  exposure
              analysis models)
                                        OFFICE OF THE DIRECTOR
                                             ERL-Athens. GA
I
CHEMISTRY BRANCH



BIOLOGY BRANCH


I
MEASUREMENTS BRANCH

ASSESSMENT
BRANCH
                                                  20
-------
                          ERL—ATHENS  AREAS  OF EXPERTISE
Office of the Director
Rosemarie C Russo

  George L Baughman

Chemistry Branch
Arthur W. Garrison
  Leo V Azarraga
  George W. Bailey
  Samuel W Kanckhoff
  J MacArthur Long
  Robert V  Moore
  N Lee Wolfe
  Richard G Zepp

Biology Branch
Harvey W Holm
  Donald L. Brockway
  Lawrence A Burns
  Ray R. Lassiter
  David L. Lewis
  Doris F Paris
  John E. Rogers

Measurements Branch
William T. Donaldson
  James J. Ellington
  Heinz P Kollig
  John M. McGuire
  Frank E. Stancil
  William C. Steen
  Alfred D. Thruston, Jr.

Assessment Branch
Robert R  Swank, Jr.

  Robert  B. Ambrose,  Jr.
  Thomas 0. Barnwell, Jr.
  David S. Brown

  Robert F Carsel

  Fred K. Fong
  Lee A. Mulkey

  William R. Payne

Regional/State Contact
Robert C. Ryans
TELEPHONE*


        3134

        3430
        3145
        3453
        3307
        3149
        3582
        3770
        3429
        3428
        3103
        3422
        3511
        3501
        3358
        3469
        3592
        3183
        3197
        3447
        3185
        3447
        3188
        3552
        3476

        3476
        3175
        3310

        3565

        3138
        3138

        3197
        3306
                                                                           AREA OF EXPERTISE
Ammonia/nitrite toxicity to
 aquatic organisms
Transformation of pollutants in water
Organic chemical analysis
Molecular spectroscopy, metals speciation
Pollutant colloid activity, soil chemistry
Environmental process modeling
Asbestos analysis, electron microscopy
Inorganic analysis, neutron activation
Hydrolytic/redox reactions in water
Aquatic photochemistry
Environmental microbiology
Aquatic biology, fish toxicology
Exposure-effects modeling, ecology
Exposure-effects modeling, ecology
Microbial ecology, biotransformation processes
Microbial kinetics, structure-activity
Microbial kinetics, biochemistry, ecology
Organic ID, transformation rate measurement
Comprehensive organic analysis
Chemical kinetic constant measurement
Mass spectrometry, organic identification
Chemical kinetic constant measurement
Microbial kinetic constant measurement
Liquid chromatography-mass spectrometry
Industrial waste treatment, multimedia
 modeling
Water quality and risk assessment modeling
Water quality modeling
Metals speciation, soil transformation
 processes
Pesticide and groundwater leaching
 modeling
Mass transport modeling
Hazardous waste management, pesticides,
 exposure
Pesticides analysis
*FTS  250-xxxx, CML. 404-546-xxxx
                                                   21
-------
       ROBERT S.  KERR ENVIRONMENTAL RESEARCH  LABORATORY
   Clinton W.  Hall, Director
 FTS:       743-2426
CML:  405-332-8800
 P.O. Box 1198
Ada, OK 74820
  The Robert S  Kerr Environmental Research Laboratory
is responsible for the following major program areas

DRINKING WATER  Determination of  the fate, transport
and transformation rates and mechanisms of pollutants in
the  subsurface environment for the protection of ground
water  from  pollution  by municipal, industrial  and
agricultural activities
              HAZARDOUS WASTES Determination of the processes
              used in characterizing the subsurface and prediction of the
              effects of pollutants  thereon m order  to define  the
              capabilities and limitations of natural processes to degrade
              and attenuate wastes in land treatment systems
                                      OFFICE OF THE DIRECTOR
                                          RSKERL-Ada. OK
   PROCESSES AND SYSTEMS
      RESEARCH DIVISION

    SUBSURFACE PROCESSES
           BRANCH

     SUBSURFACE SYSTEMS
           BRANCH
                                   EXTRAMURAL ACTIVITIES
                                  AND ASSISTANCE DIVISION

                                  EXTRAMURAL ACTIVITIES AND
                                      ASSISTANCE'BRANCH

                                       APPLICATIONS AND
                                      ASSISTANCE BRANCH
                                                22
-------
                              RSKERL AREAS OF EXPERTISE
PROCESSES AND SYSTEMS DIVISION
Office of the Director
Jack W  Keeley

Subsurface Processes Branch
William J Dunlap
  Dermott Bouchard
  Don Clark
  Bert Bledsoe
  Michael Henson
  Don Kampbell
  Marvin Piwoni
  John Wilson
  Roger Cosby
  Garmon Smith
  Lynn Wood
  Dave Walters
  Robert Smith

Subsurface Systems Branch
Carl Enfield
  Frank Beck
  Thomas Short
  Fred Pfeffer
  John Matthews

EXTRAMURAL ACTIVITIES AND
 ASSISTANCE DIVISION
Office of the Director
H. George Keeler

Extramural Activities and Assistance Branch
James F. McNabb
  R. Douglas Kreis
  Bobby D Newport

Applications and Assistance Branch
M. Richard Scalf
  Leon H Myers
  Jerry Thornhill
  Joe Keely
  Lowell E Leach
                                                TELEPHONE'
210
314
321
311
324
420
332
262
259
320
316
304
261
248
334
246
234
305
233
212
216
303
201
308
202
310
313
333
                 AREA OF EXPERTISE
Aquifer restoration
Contaminant sources
HPLC analysis
Inorganics chemistry
Trace metals analysis
Anaerobic microbiology
GC/MS organics
Abiotic effects
Microcosms
Trace organics
GC/MS organics
Soils characterization
Plants
Biological analyses
System models
Soil science
Process wastes
Waste characterization
Hazardous wastes biological processes
Land treatment
Microbiology
Ecology
Ground water contamination from mining
Waste management alternatives
Industrial wastes
Ground water investigations
Prediction of contaminants
Soil systems
*FTS  743-2(extension numbers), CML 405-332-8800 (ask for extension)
                                                  23
-------
                    ENVIRONMENTAL RESEARCH LABORATORY
   Norbert A. Jaworski, Director
 FTS:       780-5550
CML: 218-720-5550
6201  Congdon Boulevard
       Duluth,  MN  55804
MISSION  Support the development of the scientific basis
for  policy, regulatory, and operational  functions of the
Environmental Protection Agency's  water quality,  toxic
substances,  hazardous  wastes,  pesticides, and  energy
programs  ERL-Duluth conducts the following major pro-
grams of research, development, and technical assistance

Develop  a sound  chemical,  physical,  and  biological
understanding of toxicity principles,  concepts, and  logic
necessary to determine concentrations of pesticides, toxic
substances  and  hazardous  wastes  non-harmful  to
freshwater aquatic life,  establish a  data base  for this
knowledge, share this expertise and  data resource with
EPA program offices  and other agencies  and with other
scientists.

Develop,   refine,  and  improve  cost-effective  aquatic
laboratory tests for  determining  the adverse effects of
single  or  multi-contaminant pollutants associated  with
toxic  substances,  pesticides,   hazardous wastes, and
energy development and use.
              Develop common  denominators, quantitative structure-
              activity  relationships,  toxicity   wasteload  allocation
              methods, and models that can be used to predict or assess
              the impact of chemical and physical pollutants on aquatic
              and aquatic-related organisms

              Evaluate the ability of laboratory test methods and models
              to predict the fate and effects of contaminants under field
              conditions through use of ecological studies

              Develop criteria  for  individual  physical and  chemical
              contaminants and complex mixtures for the protection of
              aquatic organisms and consumers of aquatic organisms,
              conduct related site-specific studies to support and assess
              agency use of the criteria.

              Maintain   exploratory  surveillance  for new  and
              unrecognized types and  quantities of  xenobiotics  in
              components of aquatic and  aquatic-related ecosystems,
              develop analytical methods required for this exploratory
              surveillance.



ERL-O AT GROSSE ILE
LARGE LAKES
RESEARCH STATION


PESTICIDES
RESEARCH
BRANCH



OFFICE OF THE DIRECTOR
ERL-Duluth, MN



TOXIC
SUBSTANCES
RESEARCH
BRANCH


E


HAZARDOUS
WASTES
RESEARCH
BRANCH






RL-D AT MONTICELLO
NTICELLO ECOLOGICAL
RESEARCH STATION



WATER
QUALITY
RESEARCH
BRANCH

ENERGY/
ENVIRONMENT
RESEARCH
BRANCH
                                                   24
-------
                          ERL—DULUTH AREAS OF EXPERTISE
Office of the Director
Norbert A  Jaworski
  Gilman D  Veith
Water Quality Research Branch
Nelson A. Thomas

  Donald I  Mount
  Robert A Drummond
  John G  Eaton

  Russell J. Erickson

  Armond E. Lemke
  Charles E. Stephan
  Anthony R  Carlson
  Ronald R. Carton
  Jack H Gakstatter

Pesticide Research Branch
Richard E. Siefert

  Richard L. Anderson

  Alfred W Jarvinen

Hazardous Wastes Research Branch
Philip M. Cook
  James M  McKim

  J. Howard McCormick

  Allan R. Batterman

Energy/Environment Research Branch
Kenneth E. Biesmger
  Edward N Leonard

Toxic Substances Research Branch
Steven J. Brodenus
  Douglas W. Kuehl
  J  David Yount
  Gary L. Phipps

Large Lakes Research Station**
William L. Richardson

  David M. Dolan
  Michael D. Mullin

Monticello Ecological Research Station
John W Arthur
  Steven F. Hedtke
*FTS 420-xxxx, CML 503-757-xxxx
**FTS 226-xxxx, CML. 313-675-5000
                                                  TELEPHONE
780-5550
780 5572
780-5702

780-5528
780-5532
780-5557

780-5534

780-5563
780-5510
780-5565
420-4743*
420-4705*
780-5552

780-5565

780-5561


780-5523


780-5567

780-5514

780-5513
780-5524
780-5556
780-5574
780-5559
780-5557
780-5571
226-7811

226-7811
226-781?
787-3332
787-3332
                                                   25
         AREA OF EXPERTISE


Phosphorus, eutrophication
Toxicity data bases, structure-activity,
 predictive toxicology
Phosphorus, toxicity testing-field response,
 complex effluents
Toxicity reduction, cenodaphnia testing
Biomonitormg
Bioaccumulation methods, acid rain-
 biological
Complexmg agents,  metals, fish uptake
 and depuration
Bioassay systems
Water quality criteria documents, metals
Site-specific water quality criteria
Metals, kinetics modeling
Eutrophication
Pesticide bioassays, fish and
 fish food taxonomy
Invertebrates, toxicity testing,
 chemical/microbial pesticides
Pesticide bioassays
Electron scope, particles bioassays,
 bioavailabihty, suspended solids, asbestos
 fiber data, sediments base
Dose-response, comparative toxicology-
 modes of action
Temperature, pH, stress and fish
 reproduction
High hazard testing, electron scope
Polyelectrolites, daphnia culturmg
Metals in tissue
Acute testing, joint toxicity relationships
Environmental chemistry, organics in tissue
 and water, planar chlorinated organics,
 LC/MS systems
Ecosystems/watersheds, microcosms
Acute bioassays
Waste load allocation, environmental
 modeling, eutrophication
Toxic substances, statistics and modeling
Metals, transport and fate of toxics
Outdoor channels
Field applicability, microcosms
-------
                     ENVIRONMENTAL RESEARCH LABORATORY
   William A. Brungs, Director
  FTS:       838-5087
 CML:  401-789-1071
       South  Ferry Road
Narragansett, Rl 02882
MISSION: Agency's  center  for  marine,  coastal, and
estuarme water quality research,  support primarily the
EPA  Office  of  Water,  responding  mainly to legislative
requirements  of the  Clean  Water  Act.  the Marine
Protection, Research and Sanctuaries Act, and the Toxic
Substances  Control Act; provide the  scientific base for
marine hazard assessment and regulatory activities  of that
Office,  provide technical assistance and investigations of
an emergency  nature,  eg., spills of  toxic materials,  m
evaluating environmental threats

PROGRAMMATIC AREAS. Estuarme and marine disposal
and discharge of complex wastes, dredged materials, and
other wastes; water use designation and quality criteria for
estuarme and marine water and sediment; environmental
assessment of ocean discharges.
                EXPERTISE  lexicological  testing  using  marine
                organisms, ecosystems analysis; physiological responses
                of  organisms to contaminants, organic and  inorganic
                analytical chemistry,  biomonitormg, national  and  site-
                specific water quality criteria, physical transport and water
                quality  modeling,  contaminant  bioavailability  and
                bioaccumulation

                SPECIAL  FACILITIES. Wet  Lab facilities available for
                biological testing  using  flowing seawater;  capable  of
                tempering of influent water, isolation of hazardous testing,
                and treatment of effluent water, maintains Field Station at
                the Hatfield Marine Science Center, Newport, Oregon.
                                        OFFICE OF THE DIRECTOR
                                          ERL-Narragansatt, Rl
                                                 AND
                                              Newport, OR
   MARINE EFFECTS DIVISION
     (NARRAGANSETT. Rl)

      BIOLOGICAL EFFECTS
           BRANCH

     PHYSIOLOGICAL EFFECTS
           BRANCH

         FIELD EFFECTS
           BRANCH
MARINE PROCESSES DIVISION
    (NARRAGANSETT. Rl)

  ENVIRONMENTAL CHEMISTRY
           BRANCH

    EXPOSURE ASSESSMENT
           BRANCH

    ECOSYSTEMS ANALYSIS
           BRANCH
       PACIFIC DIVISION
     (NEWPORT, OREGON)

     PHYSICAL AND CHEMICAL
       PROCESSES BRANCH

       BIOACCUMULATION
            BRANCH

        BENTHIC EFFECTS
            BRANCH
                                                  26
-------
                     ERL-NARRAGANSETT AREAS OF EXPERTISE

                                                TELEPHONE*                      AREA OF EXPERTISE
D.J. Baumgartner

A.D Beck


V.J. Bierman


W.A Brungs


R.L. Garnas


J.H Gentile


D.J. Hansen


R.W. Latimer

H. Lee

J.F. Paul


K.T. Perez

O.K. Phelps

S.C. Schimmel

R.C. Swartz

*FTS:838-5087  (for all  contacts),  CMU401 -789-1071 (for all contacts)
Transport processes, exposure assessment

Nutritional requirements of marine
 organisms

Ocean disposal, dumpsite designation,
 wasteload allocation, nutrient cycling

Aquatic life criteria, thermal effects, mixing
 zone designation

Environmental and analytical chemistry,
 hazardous wastes

Hazard assessment, dredged materials,
 toxicity testing

Aquatic life criteria, toxicity testing,
 sludge effects

Environmental engineering

Bioaccumulation processes, bioavailability

Sediment transport, remote sensing, ocean
 disposal

Marine microcosms, surface microlayers

Biomonitoring

Complex effluents, toxicity testing

Benthic toxicity testing, community analysis
                                                    27
-------
                     ENVIRONMENTAL RESEARCH LABORATORY
   Henry F. Enos, Director
           FTS:       686-9011
           CML:  904-932-5311
                           Sabine Island
                 Gulf Breeze, FL 32561
  The Environmental Research Laboratory, Gulf Breeze, is
responsible for developing scientific information used to
formulate  guidelines,  standards,  and  strategies  for
management of hazardous materials in coastal, estuanne,
and marine environments. The Laboratory's research and
development efforts deal  primarily  with pesticides and
toxic compounds  regulated by EPA's Office of Pesticides
and Toxic Substances. In addition, the impacts of the ocean
disposal of drilling fluids and waste treatment effluents are
investigated for the Office of Water. Research is organized
into four branches.

TOXICOLOGY  BRANCH: Development  and  testing  of
methods  to determine lethal  and  sublethal effects  of
potentially harmful chemicals  on estuanne and marine
plants and animals; development of culture techniques for
test organisms; and development of biological indicators
for use in field investigations.

ECOLOGICAL   EFFECTS  BRANCH: Determination   of
chemical  effects  on ecological structure and function;
conduct of field studies in order to estimate environmental
responses in potentially impacted areas; and validating
                         model systems for predicting  resiliency of populations,
                         communities, and ecosystems exposed to contaminants.

                         MICROBIAL ECOLOGY AND  BIOTECHNOLOGY
                         BRANCH: Describing  microbiological  interactions with
                         pollutants,  including  biodegradation  mechanisms  and
                         predictive techniques  for biodegradation rates, sorption,
                         transport, and products and potential risks associated with
                         release  of  genetically  engineered  microorganisms
                         (biotechnology) to the environment.

                         PATHOBIOLOGY   BRANCH: Developing  methods   for
                         evaluating risks of biological pesticidal agents to nontarget,
                         aquatic  species,  and systems,  including natural  and
                         genetically  altered  rrucrobial pest control agents  and
                         biochemical control agents; developing aquatic species as
                         indicators and models for evaluating risks of genotoxic
                         agents to both aquatic  animal and human health,  and
                         elucidating  mechanisms  in aquatic  species whereby
                         toxicants impair function, development, and cause disease
                         in aquatic  species,  in order to better predict effects in
                         populations at risk.
                                        OFFICE OF THE DIRECTOR
                                           ERL-Gulf Breeze. FL
  ECOLOGICAL EFFECTS
        BRANCH
MICROBIAL ECOLOGY
        AND
  BIOTECHNOLOGY
      BRANCH
TOXICOLOGY
  BRANCH
PATHOBIOLOGY
   BRANCH
                                                    28
-------
                      ERL—GULF BREEZE AREAS OF EXPERTISE
                                                 TELEPHONE'
Office of the Director
Henry F Enos
  Andrew J. McErlean
  Thomas W. Duke
  Frank G Wilkes

Toxicology Branch
Jack I Lowe
  Gerald  E  Walsh
  Douglas P. Middaugh
  James C. Moore

Ecological Effects Branch
Foster L. Mayer
  James R. Clark
  Marlin E. Tagatz
  William P. Davis
  David E  Weber

Microbial Ecology and Biotechnology Branch
Al W  Bourqum
  Parmely H. Pntchard
  Leonard H. Mueller
  Paul Lefcourt
  Tamar Barkay
  Stephen M. Cuskey
  Fred J.  Genthner

Pathobiology Branch
John A Couch
  Charles L. McKenney
  Wilhelm P. Schoor
  Lee Courtney
  Stan Enckson
 *FTS: 686-9011 (for all contacts), CML: 904-932-5311 (for all contacts)
         AREA OF EXPERTISE
Pesticide chemistry and toxicology
Pollution ecology
Pollution ecology
Aquatic ecology
Marine toxicology
Marine ecology/toxicology
Fish culture/toxicology
Analytical chemistry
Toxicology/aquatic ecology
Aquatic ecology, toxicology
Zoology, botany
Ichthyology, marine ecology
Plant pathology, ecology
Microbial biochemistry
Microbial ecology/biodegradation
Analytical chemistry
Environmental science
Microbial ecology
Microbial genetics
Microbiology/plasmid biology
Pathology, toxic mechanisms
Physiology
Biochemistry
Electron microscopy
Cell culture
                                                  29
-------
                     HEALTH EFFECTS RESEARCH LABORATORY
   F. Gordon Hueter, Director
    FTS:        629-2281
    CML:  919-541-2281
                     (MD-51)
Research Triangle Park, NC
                       27711
  The Health Effects Research Laboratory is responsible
for the following

OXIDANTS  Develop a data  base  for use m regulatory
decision making  on the  health effects of  03 and N02
exposure by conducting human clinical, epidemiologic and
animal studies  Models  are also  being  developed  to
quantitatively extrapolate  animal data to humans

HAZARDOUS  AIR  POLLUTANTS   (HAP):  Develop and
validate techniques  to evaluate the toxic effects of HAP's,
produce dose-response data on the toxic effects of HAP's,
and develop models which  improve our ability  to use
toxicological data  in risk assessments

MOBILE SOURCES  Provide quality health effects data on
the  effects of exposure to CO and  develop methods for
obtaining dose response data for use in risk assessments
for regulatory purposes

GASES AND PARTICLES.  Develop a data base for use in
regulatory decision making on the health effects of S02,
particles  and  Pb   by  conducting  human  clinical,
epidemiologic and animal studies. Models are also being
developed to extrapolate animal data to humans  and  to
provide information  on  the relationship between particle
size and lung deposition in man.
                 WATER  QUALITY  Provide  field  tested methods  in  a
                 manual that discusses protocols and interprets strengths
                 and  weaknesses  on  health  effects  biomonitormg
                 techniques, develop health related indicator for shellfish
                 growing waters in cooperation with NOAA and FDA ano
                 extend studies on the enterococcus indicator system for
                 recreational water

                 MUNICIPAL WASTEWATEFt Provide  data and appraisal
                 documents  on  health  aspects  of land  application of
                 municipal sludge as well as on the occurrence, survival and
                 transport of enteric pathogens m sludge
                 DRINKING   WATER:  Provide  health   monitoring
                 engineering data for drinking water standards.
                               and
                 HAZARDOUS WASTE:  Develop and evaluate short-term in
                 vivo and  m  vitro  bioassays for  screening wastes  for
                 designation as hazardous.

                 PESTICIDES.  Develop  methodologies and generate data
                 for the  assessment  of risks  from pesticides;  define
                 environmental  and health endpomts  for  future  test
                 methods

                 TOXIC CHEMICAL TESTING AND ASSESSMENT: Develop
                 and validate test methods for identifying hazards under the
                 Toxic Substances Control Act (TSCA).
                                        OFFICE OF THE DIRECTOR
                                      HERL-Research Triangle Park, NC
               J_
 INHALATION TOXICOLOGY DIVISION

     CLINICAL RESEARCH BRANCH

        TOXICOLOGY BRANCH
 GENETIC TOXICOLOGY DIVISION

       MUTAGENESIS AND
      CELLULAR TOXICOLOGY
            BRANCH

      CARCINOGENESIS AND
      METABOLISM BRANCH

    GENETIC BIOASSAY BRANCH
DEVELOPMENTAL BIOLOGY DIVISION

 REPRODUCTIVE TOXICOLOGY BRANCH

   PERINATAL TOXICOLOGY BRANCH
   NEUROTOXICOLOGY DIVISION

      BEHAVIORAL TOXICOLOGY
             BRANCH

     NEUROPHYSIOLOGY BRANCH

       SYSTEMS ENGINEERING
             BRANCH
                                                   JL
                                           BIOMETRY DIVISION

                                          BIOSTATISTICS BRANCH

                                           DATA MANAGEMENT
                                                BRANCH
  EXPERIMENTAL BIOLOGY DIVISION

     CELLULAR BIOPHYSICS BRANCH

   BIOLOGICAL ENGINEERING BRANCH
 •TOXICOLOGY AND MICROBIOLOGY
             DIVISION

       MICROBIOLOGY BRANCH

           TARGET ORGAN
        TOXICOLOGY BRANCH

         BIOASSAY BRANCH

      CHEMICAL AND STATISTICAL
      SUPPORT SERVICES BRANCH
 •26 W. St. Clair, Cincinnati, OH 45268, FTS: 684-7401, CML. 513-569-7401

                                                   30
-------
                          HERL—RESEARCH  TRIANGLE PARK
Office of the Director
F Gordon Hueter
  Judith Graham

DEVELOPMENTAL BIOLOGY DIVISION
Neil Chernoff
  Robert Kavlock
  John Laskey

BIOMETRY DIVISION
William Nelson
  John Creason
  VACANT
  Carl Hayes

EXPERIMENTAL BIOLOGY DIVISION
Richard Phillips
  Ronald Spiegel
  Joe A. Elder
GENETIC TOXICOLOGY DIVISION
Michael Waters
  Stephen Nesnow
  Joellen Jungers

  Martha Moore
INHALATION TOXICOLOGY DIVISION
Edward Massaro
  Judith Graham
  John O'Neil

NEUROTOXICOLOGY DIVISION
Lawrence Reiter
  Robert MacPhail
  Robert Dyer
                                                TELEPHONE*
2281
2283
4050
2327
2782
2339
2598
2567
7739
2771
7544
2541
2537
3847
3849

3933
2655
2531
2601
2671
2617
2617
TOXICOLOGY AND MICROBIOLOGY DIVISION-CINCINNATI
Elmer W. Akin                                       684-7218
Michael A. Pereira                                   684-7411
Frederick Kopfler                                     684-7451
                  AREA OF EXPERTISE
Environmental toxicology
Inhalation toxicology
Developmental biology
Teratology
Reproductive toxicology
Statistics and data management
Biostatistics
Data management
Epidemiology
Non-ionizing radiation, electronic systems
Engineering and electromagnetic research
Non-ionizing, radiofrequency, and
 microwave radiation
Genetic toxicology
Chemical carcmogenesis
Bacterial  mutagenecity, carcinogenesis
 bioassays
Mammalian cell cytogenetics and
 mutagenicity
Biochemical and inhalation toxicology
Inhalation toxicology (animal)
Inhalation toxicology (human)
Neurotoxicology
Behavioral toxicology and pharmacology
Neurophysiology/electrophysiology
         Virology
         Biochemical toxicological methods
         Organic and analytical chemistry
*FTS. 629-xxxx, CML 91 9-541-xxxx (for RTP); FTS: 684-xxxx, CML 513-569-xxxx (for Cincinnati)
                                                31
-------
        OFFICE  OF HEALTH AND  ENVIRONMENTAL ASSESSMENT
  Peter W. Preuss, Director
 FTS:       382-7317
CML:  202-382-7317
                (RD-689)
Washington, DC 20460
The functions of the Office of Health and Environmental
Assessment (OHEA) include  performing scientific risk
assessments to directly support the Agency's regulatory
program offices, and providing oversight and guidelines to
assure consistency and scientific quality  in  risk assess-
ments performed throughout the Agency OHEA prepares a
variety of documents in  response to requests from EPA
program offices in support of regulatory and enforcement
decisions These documents include air and water criteria
documents, health, risk, and exposure assessments; and
guidance and methodology documents used in assessing
the risk of exposure to hazardous pollutants  OHEA also
develops risk assessment guidelines, performs risk assess-
ments, and provides technical assistance at the request of
the program offices Furthermore, OHEA develops new risk
assessment  methodologies and  suggests new research
efforts that will better support  future risk  assessment
procedures. OHEA consists of five units'

CARCINOGEN ASSESSMENT GROUP' Provides advice on
the human  health  risks associated with exposure to
suspected cancer-causing agents
              EXPOSURE ASSESSMENT GROUP Provides advice on the
              exposure  characteristics and factors of agents that are
              suspected of causing detrimental health effects

              REPRODUCTIVE EFFECTS ASSESSMENT GROUP Provides
              advice on the hazards associated with chemicals that are
              suspected of causing  detrimental  reproductive effects,
              including mutagenic and teratogenic effects, and sterility

              ENVIRONMENTAL CRITERIA AND ASSESSMENT OFFICE/
              CINCINNATI Is responsible for the preparation of criteria
              and health and  hazard assessment documents on water
              pollution and solid and hazardous wastes  (See page 36)

              ENVIRONMENTAL CRITERIA AND ASSESSMENT OFFICE/
              RESEARCH TRIANGLE PARK: Is repsonsible for the prepa-
              ration of criteria and assessment documents primarily in
              the field of air pollution  (See page 34)

              Information on the availability of OHEA documents can be
              obtained from the Technical Information Staff (RD-689),
              382-7345.
                                        OFFICE OF THE DIRECTOR
                                             Washington, DC
                   ASSOCIATE DIRECTOR

                      PROGRAM LIAISON

                    PROGRAM OPERATIONS

                   TECHNICAL INFORMATION
        EXPOSURE
   ASSESSMENT GROUP
                      RISK ASSESSMENT FORUM
 REPRODUCTIVE EFFECTS
   ASSESSMENT GROUP
          CARCINOGEN
      ASSESSMENT GROUP
  ENVIRONMENTAL CRITERIA AND
       ASSESSMENT OFFICE
      Research Triangle Park, NC
         ENVIRONMENTAL CRITERIA AND
              ASSESSMENT OFFICE
                  Cincinnati, OH
                                                  32
-------
                  OHEA—WASHINGTON AREAS OF EXPERTISE
                                            TELEPHONE*             AREA OF EXPERTISE
Office of the Director
Peter W Preuss
  Dorothy Patton

CARCINOGEN ASSESSMENT GROUP
Charles H  Ris

EXPOSURE ASSESSMENT GROUP
Charles H  Nauman

REPRODUCTIVE EFFECTS ASSESSMENT GROUP
Lawrence Valcovic
7317         Health and environmental assessment
6743**       Risk assessment forum
5898         Human health risks
8909         Exposure characteristics and factors
7303         Reproductive effects
 *FTS 382-xxxx, CML  202-382-xxxx (Washington)
**FTS 475-xxxx, CML  202-475-xxxx (Washington)
                                              33
-------
          ENVIRONMENTAL CRITERIA AND ASSESSMENT OFFICE
  Lester D. Grant, Director
 FTS:       629-4173
CML:  919-541-4173
MISSION: The Environmental Criteria and Assessment
Office is responsible for developing the following types of
documents: (1) revised or new criteria documents which
serve as a basis for setting national ambient air quality
standards for pollutants such as sulfur oxides,  nitrogen
                   (MD-52)
Research Triangle Park, NC
                      27711
             oxides, ozone, and lead; (2) health assessment documents
             which deal  with the health effects  associated with  a
             pollutant suspected  of needing control; and (3) special
             reports as required to meet a specific need or as dictated by
             legislation.
                                     OFFICE OF THE DIRECTOR
                                   ECAO-Research Triangle Park, NC
       SCIENTIFIC STAFF
                                                                     TECHNICAL SERVICES SECTION
                                                34
-------
          ECAO—RESEARCH TRIANGLE  PARK AREAS  OF EXPERTISE
Office of the Director
Lester D Grant
  Michael A. Berry
  Si Duk Lee
  Donna W. Wicker
  Emily R. Lee
  Barbara Kearney

SCIENTIFIC STAFF
Michael A. Berry
  Jasper H B. Garner
  Beverly E. Tilton
  Thomas B. McMullen
  Robert M. Bruce
  Mark M.  Greenberg
  Donna J. Sivulka
  Dennis J. Kotchmar
  J. Michael Davis
  David E. Weil
  James A. Raub
  Beverly M  Comfort
  Norman E. Childs
  Robert W. Elias
  William G. Ewald
  Harriet M. Ammann
  Darcy L. Campbell
  Ruby F. Griffin

TECHNICAL SERVICES SECTION
Frances P.  Bradow

  Allen G.  Hoyt
  Douglas B. Fennell
  Diane H. Ray
  Richard N. Wilson
                                               TELEPHONE*             AREA OF EXPERTISE
4173     Health effects
4172     Environmental effects and legislation
4159     Health effects
4171     Administration and contracts
4169     Program and office operations
4168     Program and office operations
4172     Environmental effects and legislation
4153     Terrestrial effects
4161     Ozone and hydrocarbons
4150     Air quality data
4154     Hazardous pollutants
4156     Hazardous pollutants
4155     Heavy metals
4158     Epidemiology and pulmonary effects
4162     Neurobehavior
4163     Lead
41 57     Carbon monoxide
4165     Pesticides
2229     Radiation
4167     Metals and particles
4164     Hazardous pollutants
4930     Hazardous pollutants
4477     Forest systems
4114     Program and office operations
3797     Documentation procedures and material
          effects
4645     Graphics
3789     Environmental information
3637     Projects and records
3797     Copy production
*FTS:  629-xxxx, CML:  919-541-xxxx
                                                35
-------
           ENVIRONMENTAL CRITERIA AND ASSESSMENT OFFICE
   J.F.  Stara, Director
FTS:        684-7531
CML: 513-569-7531
        26 W. St. Clair
Cincinnati. OH 45268
  The Environmental Criteria and Assessment Office is
responsible for the following major program areas.

AIR  QUALITY:  Comprehensive health assessment
documentation and  summaries for contaminants in air
including maintenance of court files and disposition of
public comments; participation and running of workshops
on specific contaminants.

DRINKING WATER: Comprehensive health  assessment
documentation   and  summaries  for  drinking  water
contaminants including maintenance of court files  and
disposition of public comments and development of risk
assessment methodologies applicable to drinking water.

HAZARDOUS  SUBSTANCES (NON-ENERGY): Chemical
specific risk assessment  addressing  identification of
reportable quantities for spill situations based on chronic
toxicity; identification of health related goals and remedial
action  activities; risk characterization  for  uncontrolled
hazardous waste sites performed.
          HAZARDOUS   WASTE. Development  of  health  risk
          assessment documentation to support hazardous waste
          listing  activities;  quantitative  specific  chemical  and
          complex mixture risk  assessments to support program
          office activities related to RCRA reauthonzation.

          INTERMEDIA (NON-ENERGY): Development of health risk
          assessment guidelines and evaluation and development of
          methods for risk assessment of systemic toxicants and of
          chemical mixtures.

          MUNICIPAL WASTEWATER: Design and  development of
          methods for risk assessment of chemicals and pathogens
          m  municipal  sewage  sludge  to  support  technical
          regulations for sludge  disposal methods.

          WATER QUALITY: Comprehensive  health  assessment
          documentation; response to variance 301 (g) requests;
          state and  public technical  assistance through  EPA
          Regional offices.
                                        OFFICE OF THE DIRECTOR
                                           ECAO-Cincinnati. OH
        CHEMICAL MIXTURES
        ASSESSMENT GROUP
   METHODOLOGY
DEVELOPMENT GROUP
 SYSTEMIC TOXICANTS
 ASSESSMENT GROUP
                                                  36
-------
                     ECAO—CINCINNATI AREAS OF  EXPERTISE
Office of the Director
Jerry F. Stara
  Steve Lutkenhoff
  Oebdas Mukerjee
  Judi Olsen

CHEMICAL MIXTURES ASSESSMENT GROUP
Chris DeRosa
  Helen Ball
  Karen Blackburn
  Harlal Choudhury
  Frank Mink
  Lynn Papa
  John Risher

METHODOLOGY DEVELOPMENT GROUP
Linda Erdreich

  Richard Hertzberg
  Jacqueline Patterson

SYSTEMIC TOXICANTS ASSESSMENT GROUP
Michael Dourson
  Randy Bruins
  Larry Fradkin
  Annette Gatchett
  Vlasta Molak
  Bruce Peirano
  Dave Reisman
  Cindy Sonich-Mullin
                                               TELEPHONE*
7531
7531
7531
7575
7531
7572
7531
7531
7572
7572
7572
7572

7572
7572
7572
7572
7584
7572
7531
7531
7531
7531
                 AREA OF EXPERTISE
Risk assessment
Risk assessment
Cancer assessments
Information transfer
Superfund, solid waste programs
Contracts
Site assessment, health effects assessment
Site assessment, land disposal bans
Solid waste listing activities
Site assessment, land disposal bans
Confidential business information
Health risk assessment methodology,
 epidemiology
STARA database, biomathematical models
Information transfer, environmental policy
Acceptable daily intakes
Sludge methodology
Pathogens of sludge
Environmental chemistry
Biotechnology
Hexachlorobenzene
Air programs
Drinking water program
*FTS: 684-xxxx, CML. 513-569-xxxx
                                                37
-------
                                                                   OSWER Directive 9380-3
               TABLE 3-1 CATEGORIES AND POTENTIAL
               TREATMENT/DISPOSAL TECHNOLOGIES
                         ON-SITE
                          PREP
                        ACTIVITIES
TREATMENT AND DISPOSAL
TANK AND DRUM
WASTE CATEGORIES
SLUDGE/SOLIDS
• Organic Low Halogen
• Organic High Halogen
• Inorganic
• Flash point (<70° F)
• Flash point (>70-1 40° F)
• Flash point (> 140° F)
• PCB Contaminated Solid
(<50ppm)
• PCB Contaminatd Solid
( > 50 - 500 ppm)
• PCB Contaminated Solid
( > 500 ppm)
• Pesticide
• Petroleum Residues
SPECIAL WASTES
• Radioactive
• Strong Oxidizer
• Strong Reducer
• Lab Packs
• Explosives
Bulking/ I
Consolidation

1
1
1
2
1
1
1
1
1
r
1

*
2
1
2
2
Absorbtion/
Solidification

1
2
1
2*
2
1
1
2
2
2
1

*
2
2
2
2
Physical/Chemical
Pretreatment

1
2
1
2
2
1
2
2
2
1
1

*
1
1
2
2
Solidification/
Chemical Fixation

1
2
1
2
2
1
2
2
2
2
1

*
2
2
2
2
Detonation

2
2
2
2
2
2
2
2
2
2
2

*
2
2
1*
1
Physical/Chemical
Treatment

1
1
1
2
2
1
1
2
2
1
1

*
1
1
1
1
Biological
Treatment

1
1
2
2
2
2
1
1
1
2
1

*
2
2
2
2
Land Application

2
2
2
2
2
2
1*
2
2
2
1

*
2
2
2
2
Seouro Landfill

1
1
1
2
r
1
1
r
r
1
1

*
1
1
1
2
Incineration/Thermal
Reduction

1
1
2
1
1
1
1
1
1
1
1

*
2
2
1
1
Recycle/Reuse
w/ Treatment

2
2
2
2
2
2
2
2
2
2
1

*
2
2
2
2
Recycle/Reuse
w/o Treatment

2
2
2
2
2
2
2
2
2
2
2

*
2
2
2
2
.1
1
_c"
!
d>
0)
Q

2
2
2
2
2
2
2
2
2
2
2

*
2
2
2
2
Phased waste shall be separated and handled as individual waste items
Mixed waste shall be classified under the more restrictive disposal category
1 • Reasonable Option
2 • Not Reasonable (Impractical, Technically Infeasable)
* • Further detailed analyses is warranted
-------
                                                                        OSWER Directive 9380-3
                     TABLE 3-1 CATEGORIES AND POTENTIAL
                     TREATMENT/DISPOSAL TECHNOLOGIES
                              ON-SITE
                                PREP
                              ACTIVITIES
TREATMENT AND DISPOSAL
TANK AND DRUM
WASTE CATEGORIES
AQUEOUS WASTES
• Acid pH < 2.0
• BasepH> 12.0
• Base with Sulfur
• Base with Cyanide
ORGANIC LIQUIDS
• High Halogen content (>2%)
• Organic liquids including
Low Halogen content (0 - 2%)
• Oils non-PCB contaminated
• PCB Contaminated liquid
(50 - 500 ppm)
• PCB Contaminated Liquid
( > 500 ppm)
CONTAMINATED WATER
• 2-------
EPA
^° :ea S'.a'es
Environment
Agercv
              ' o T e c t on
                   c;^nati OH 
-------
                        Acknowledgments

The descriptions of technologies, their status and applicabilities are the result of
the efforts of many contributors, notably the participants of the RCRA/CERCLA
Alternative Treatment Technology Seminars. The contributions of the following
persons are especially appreciated:
           M. Amdurer
           N. Chung
           L. Doucet
           J. Exner
           H. Freeman
           F. Hall
           S. G. Howell
           R. Landreth
           C. Lanker
           R. Lewis
           J. LeLacheur
           M. Lieberman
E Martin
R Mournighan
J Nash
D Oberacker
R Olexsey
H Owens
C Rogers
S Taub
R Traver
R Turner
W Westbrook
-------
                         Table of Contents
                                                                  Page
Acknowledgments	  i
Introduction	  1
Technology:
  Advanced Biological Methods	  2
  Aerobic Biological Treatment	3
  Air Stripping	4
  Alkali Metal Dechlormation	4
  Alkali Metal/Polyethylene Glycol (PEG)	  5
  Alkaline Chlormation 	  5
  Anaerobic Biologial Treatment	  6
  Asphalt-Based Stabilization/Solidification (Thermoplastic
    Microencapsulation)	  7
  Blast Furnaces (Iron and Steel)	7
  Carbon Adsorption	8
  Catalytic Dehydrochlormation	11
  Centnfugation	11
  Chemical Precipitation	12
  Circulating Bed Combustor	14
  Distillation	15
  Electric Reactors  	16
  Electrolytic Oxidation 	16
  Evaporation	16
  Extraction/Soil Flushing or Washing	18
  Filtration	 19
  Fluidized Bed Incinerators	 20
  Fly Ash or Lime-Based Pozzolan Stabilization/Solidification    	21
  Fuel Blending	21
  Granular Media Filtration 	21
  Hydrolysis  	22
  Industrial Boilers	22
  Industrial Kilns (Cement, Lime,  Aggregate, Clay)	22
  Infrared Incineration Systems	23
  In-Situ Adsorption (Permeable Treatment Beds)	23
  In-Situ Chemical Immobilization 	23
  In-Situ Thermal Destruction  	24
  Ion  Exchange	24
  Liquid Injection Incineration	25
  Macroencapsulation/Overpacking 	25
-------
                  Table of Contents (Continued)

                                                                 Page
  Molten Glass	25
  Molten Salt	26
  Multiple Hearth Incinerator	26
  Neutralization	26
  Oxidation by Hydrogen Peroxide (H20z)	27
  Oxidation by Hypochlontes	27
  Ozonation	27
  Plasma Systems	28
  Polymerization	28
  Portland Cement Pozzolan Stabilization/Solidification  	29
  Pyrolysis Processes ,	29
  Rotary Kiln Incineration	30
  Soil Flushing/Soil Washing 	30
  Sorption	30
  Steam Stripping	31
  Sulfur Regeneration Units	31
  Supercritical Extraction 	32
  Supercritical Water Oxidation	32
  Ultraviolet Photolysis 	33
  Vitrification	33
  Wet Air Oxidation	34
Bibliography	     	35
-------
                            Introduction

Technologies other than landfill and containment need to be applied in the
management of hazardous wastes. Acceptance of treatment technologies other
than those currently being used is slow in coming. The Hazardous Solid Waste
Act Amendments (HSWA) of 1984  modifying RCRA and the EPA policies of
CERCLA cleanups using RCRA requirements at least as guidelines will require
new approaches to the problem.

The  treatment technology  material  included  in this summary relates to
technology which is available and applicable to hazardous waste disposal now.
That is, further research is not required for application in the field. What remains
is to apply the technology and derive the necessary design parameters and the
costs for large-scale application. These derivations require, as a minimum,
pilot-scale and more appropriately full-scale application at waste disposal sites
and generator locations.

The selections of processes for presentation in this compendium is based on
opinions resulting from technical evaluation. The purpose of making these briefs
available is to remind the reader that processes and techniques are available and
to encourage a search for additional information. Information m the briefs is not
sufficient to permit direct evaluation  of a process or technology. For evaluations
involving specific sites or waste streams, the reader should consult sources that
provide operational, effectiveness, and cost data.
-------
Technology:   Advanced Biological
                Methods

Brief Description:  Two Processes—(1)  Aerobic    Status/Availability:   Biological systems are avail-
fluidized bed (suspended sand and oxygen), to provide    able.
large surface areas to improve rmcrobial degradation
of soluble  sofids. (2)  Membrane aerobic reactor    Manufacturer:   Dorr-Oliver
systems prevent toss of cell mass and thereby provide
high concentrations of cells to destroy pollutants.      Us"*:  General Motors

Applicability/Limitation:  Process requires prede-    EPA ^mact.   Charles Rogers, (513) 569-7757
veloped microbes to be added  to treatment systems.
Natural microbes have been demonstrated to destroy
pollutants in paint sludges.
-------
Technology:
Aerobic Biological
Treatment
Brief Description:   Microorganisms metabolize bio-
degradable organics in aqueous waste. This treat-
ment includes conventional activated sludge  pro-
cesses as well as modifications such as sequencing
batch reactors, and aerobic attached growth biological
processes such as rotating biological contactors and
trickling  filters. Aerobic processes are capable of
significantly reducing a wide range of organic toxic
and  hazardous compounds; however,  only dilute
aqueous wastes «1 %) are normally treatable. Recent
developments with  genetically engineered bacteria
have been reported to  be effective for  biological
treatment of specific hazardous waste  which  is
relatively uniform in composition.

Applicability /Limitation:  Used to treat  aqueous
wastes contaminated with low levels (BOD <10,000
mg/l) of non-halogenated organic and/or certain
halogenated organics. The treatment requires con-
sistent, stable operating conditions.

Design Criteria:   There are numerous variations of
the activated sludge process, however, fundamentally
the principles of the unit operations are the same. The
first step in the process involves aeration in an open
                                  tank,  m which the organic biodegradable matter in
                                  the waste is degraded by microorganisms  in  the
                                  presence of oxygen. The hydraulic detention time of
                                  this unit operation  is usually from  6 to 24  hours,
                                  although depending on the process mode, shorter or
                                  longer detection times may be incorporated. This is
                                  followed by a  sludge-liquid separation step m a
                                  clanfier Organic loading rates can vary from 10 to
                                  1 80 Ibs of BOD applied per 1000 ft3 depending on the
                                  MLSS concentration, the  F/M  ratio,  and oxygen
                                  supply  Variations  of the conventional activated
                                  sludge  system  that  incorporate pure oxygen  or
                                  powdered activated carbon have reported excellent
                                  pollutant removals for typically difficult to treat waste

                                  Status/Availability:  Commercially available.

                                  Manufacturer:   Polybac Corporation, Mike Cawthray
                                  Detox, Inc . Evan K. Nyer (fixed film). (513) 433-7394
                                  Ground Decontamination Systems, Joe Mahan, (201)
                                  265-6727

                                  Users:  OH Materials, Joe Kirk, (219) 423-3526

                                  EPA Contact:  Ron Turner, (513) 569-7775
                                Schematic o* rotating biological contactor.


                                           CH.andCOj
      Influent Wastwater
      With Organic Material
                                               i
                                                            Effluent WastewatBr
                                                            With Oxidized Organics
                                     Rotating Biological Contactor
                                        (Courtest of 6nvire»)
-------
Technology:  Air Stripping

Brief Description:   Air stripping is a mass transfer
process in which volatile contaminants  in water or
soil are transferred to air. Design  considerations—
factors important in removal or organics from waste-
water in air stripping are temperature, pressure, air-
to-water ratio, and surface area available for mass
transfer. A packed tower air stripper is shown on the
next page. Practical tower diameters range from 1 to
12 ft with packing  heights as high as 50 ft, air-to-
water volumetric ratios may range from 10 to 1 up to
300to 1. The resulting residuals are the contaminated
off-gas and the "stripped" effluent.

Applicability/Limitation:  Used to treat aqueous
organic wastes with relatively high volatility, low
water solubility (e.g., chlorinated hydrocarbons such
as tetrachloroethylene, and aromatics such as tolu-
ene). Limitations include concentrations of VOCs less
than 100 ppm, temperature dependence and  the
presence of suspended solids.

Status/'Ava/fability:  Commercially available.

Manufacturer:  See buyer's  guides from  trade
journals.

Users:   Superfund  Sites:  Triangle Chemical, McKm
site and Verona Wellfield

EPA Contact: Ron Turner, (513) 569-7775
                                                                Schematic of air ttnppmg.
                                                                               Organic
                                                                               Vapors
                                                        Feed
                                                      Hold Down
                                                        Plate
                                                     Perforated Tray
                                                      Liquid
                                                   Redistribution
                                                                                     Liquid
                                                                                     Level
                                                                                  Effluent
Technology:   Alkali Metal Oechlorination

Brief Description:  Several chemical dechlonnation
processes are based on a method developed by the
Goodyear  Tire  and Rubber Company in 1980. The
original method uses sodium plus  naphthalene m
tetrahydrofuran (that is, sodium naphthalide) to strip
chlorine atoms from PCSs resulting in polymerizing
the biphenyl into  inert condensible sludge. The
reactor is blanketed with nitrogen and an excess of
reagent to chlorine content is required. The Goodyear
Company has not commercially developed the tech-
nology. However, several companies have modified
the method by substituting  their  own  proprietary
reagent for the naphthalene. The equipment is mobile
and can be transported on semitrailers.

Applicability/Limitation:  Used to treat PCBs, chlo-
rinated hydrocarbons, acids, thiols, chlorides and
                                                  dioxms. Moisture content adversely affects rates of
                                                  reactions.

                                                  Status/Availability:  Commercially available

                                                  Manufacturer:  American Mobile Purification, Peter
                                                   Lawson-Johnson, (212) 267-7073
                                                  SunOhio, Doug Toman, (216) 452-0837
                                                  PPM, Inc., (404) 934-0902
                                                  Acurex, Jim Thompson,  (415) 964-3200
                                                  Chemical Waste Management,  Peter Daily, (312)
                                                   841-8360
                                                  Exceltech. Inc., John Sedwick, (415) 659-0404

                                                  EPA Contact:  Charles Rogers, (513) 569-7757
-------
Technology:
Alkali Metal/Polyethylene
Glycol (PEG)
Brief Description:  In  1978 the EPA sponsored
research which led to the development of the first of a
series of A/PEG reagents which were  shown to
effectively dechlorinate  PCBs  in  oils. Essentially,
these reagents were alkali metal polyethylene  gly-
colates  which react  rapidly to dehalogenate halo-
organic compounds of all types under ambient  and
high temperature conditions. In the A/PEG reagents,
the alkali metal ion is held m solution by the large
polyethylene glycolate anion. PCBs and other halo-
genated  molecules are uniquely soluble in A/PEG
reagents. These  qualities combine to give a single-
phase system in which  the high  concentration of
anions  readily displaces the  halogen atoms on
halogenated molecules. The reaction  of halogenated
aromatics with PEGs results in a substitution of the
PEG for the chlorine atom to form a PEG ether The
PEG ether, in turn, may then decompose to a phenol
The  biotoxictty of reaction by-products is under
investigation.

Applicability/Limitation:  Heat and  excess reagent
are required for the process to function effectively m
soils containing more than seven percent moisture.
                                  Status/A vailability:
                                  field test.
Laboratory  scale.  Ready  for
                                  EPA Contact:  Charles Rogers, (513) 569-7757
Technology:  Alkaline Chlorination

Brief Description:  In  this process,  chlorine gas
(with caustic),  chlorine  dioxide,  or  hypochlonte
(sodium or calcium) are routinely used to destroy
cyanide which  is converted to nitrogen  gas and
carbon dioxide gas

Applicability/Limitation.  Used to treat free cya-
nides and  complex cyanides although combinations
with Fe or Ni will take  a longer time  Limitations
include the exothermic heat of the reaeration, pH,
non-selective competitions with other species and
additional  chlorine demands. Fairly close pH control
(7 5 to 9.0) required to avoid toxic volatiles release
Reduction  efficiency about 99 6 percent
                                 Status/Availability:  Generally available

                                 Manufacturer'   See buyer s guides m trade journals

                                 Users'  Electroplating industry

                                 EPA Contact.  S Garry Howell. (513) 569-7756
                                                                                           P
-------
Technology:
Anaerobic Biological
Treatments
Brief Description:  The anaerobic biological treat-
ment process encompasses the reduction of organic
matter in  an  oxygen-free environment to methane
and  carbon dioxide. The most common anaerobic
attached growth treatment process is the anaerobic
filter. This process consists of a column filled with
solid media.  A number  of proprietary  anaerobic
biotechnology processes are actively being marketed,
each with distinct features,  but all utilizing the
fundamental anaerobic conversion to methane.

Applicability/Limitation:  Used  to treat aqueous
wastes  with  low to moderate levels of  organics.
Anaerobic digestion can handle certain halogenated
organics better than aerobic treatment. Stable,
consistent operating conditions must be maintained.
Anaerobic degradation can take place in native soils
                                  but when used as a controlled treatment process, an
                                  air tight  reactor  is required  Hazardous  organic
                                  substances that have been found to be amenable to
                                  anaerobic  treatment include  acetaldehyde, acetic
                                  anhydride, acetone, acrylic acid, aniline, benzoic acid.
                                  butanol, cresol, ethyl acrylate, MEK. phenol and vinyl
                                  acetate.

                                  Status/Availability:  No mobile units are available
                                  Current, state-of-the-art processes available

                                  Manufacturer:  FMC, GDS and several other pro-
                                  viders of selected microbes, nutrients,  or systems
                                  designs.

                                  EPA Contact:   Ronald Lewis, (513) 569-7856
                                   Schematic of anaerobic filter system
                                                                                 To Gas Storage
      Influent
      Wastewater


0
Surge



3
Tank



-fT
v<


AnaaroDic Fiit



er



Treataa
Effluent To DiScMarge or
Process
-------
Technology:  Asphalt-Based Stabilization/
               Solidification (Thermoplastic
               Microencapsulation)

Brief Description:   Involves the mixing of heated,
dried wastes within either an asphalt bitumen,
paraffin or polyethylene  matrix resulting in a solid
waste mass for landfill disposal. The advantages are
waste volume reduction, low impermeability, elim-
ination of free liquid, improved handling and good
strength.

Applicability/Limitation: This method is applicable
to hazardous wastes that are complex and difficult to
treat. Wastes that should not be treated using this
technology  are: wastes  with high  water content;
strongly oxidizing contaminants; anhydrous inorganic
salts; tetraborates; iron  and aluminum  salts; and
organics with low molecular weights and high vapor
pressures (volatile).  The  disadvantages include ex-
pensive equipment, high processing  cost and  air
pollution potential.
                                 Status/Availability:  Commercially available.

                                 Manufacturer:  Werner A. Pfleidier, Waldick, New
                                  Jersey
                                 Aerojet Energy  Conversion Company, Sacramento,
                                  California
                                 Newport News Industrial Corporation, Newport News,
                                  Virginia
                                 Users:
                                 EPA Contact:  Robert Landreth, (513) 569-7836
Technology:
Blast Furnaces (Iron and
Steel)
Brief Description:  Blast furnace temperatures may
reach up to 3400°F, and are generally above.3000°F
High heat content hazardous wastes can be used to
supplement  coke  and other fuel requirements  for
blast furnace. A blast furnace produces molten iron
from iron ore and other iron bearing feed materials
Iron ore, carbon (coke) and limestone feed to the top of
the furnace and iron product and slag are removed in
different layers from the bottom. HWF can be injected
just above slag layer.

Applicability/Limitation:  Composition (trace ele-
ments) of HWF must  be controlled to avoid product
quality problems.  Waste oils were fired  into blast
furnace in HWERL test programs.
                                 Status/Availability:  Less than  80 blast furnaces
                                 currently operating in U.S.

                                 Manufacturer:   Several—Must be field constructed

                                 Users:  Cadence Chemicals,  Mike Benoit.  (219)
                                 879-0371

                                 EPA Contact:  Robert Mournighan, (513) 569-7408
-------
Technology:  Carbon Adsorption

Briaf Description:  Removes dissolved  organics
from aqueous wastes, and organics from air streams
due  to  the  surface  attachment between organic
solutes  and  the large internal pore surface area of
activated carbon grams.  The residuals are  spent
carbon and regenerant (steam or solvent).

Applicability/Limitttion:  Used to treat single-
phase aqueous organic wastes with high molecular
weight  and  boiling  point  and  low solubility and
polarity, chlorinated hydrocarbons such as tetrachlo-
roethylene, and aromatics such as phenol. Limitations
are organic  contaminant concentrations  <10.000
ppm, suspended solids <50 ppm, dissolved inorganics
and oil and grease <10  ppm.

Status/'Availability:  EPA Environmental Emergen-
cy Response Unit—two transportable systems (50-
gpm and 600-gpm units).

Manufacturer: Calgon Carbon Corporation, Dave
 Jordan, (201)526-4646
Carbon Air Services. Inc., (612) 935-1844
Zimpro,  Inc.,  (715) 359-7211
Chemical Waste Management, John Fink, (714) 940-
 7971

Ustrs:  IT Corporation,  California

EPA Contact:  Ron Turner, (513) 569-7775
Richard Traver, (201) 321 -6677
           Schematic of carbon adsorption.
                     Carbon
                    Adsorption
                     Column
                       »1
Liquid
  Spent Carbon " '
(One Unit Changed
   Per Time)
                           Carbon
                         Adsorption
                           Column
                            «2
                                      To
                                  Regeneration
 Toxic Compounds Removed from Water Using the Carbon Adsorption System in the Hazardous Material Spills Treatment Trailer
Compound
DN8P
PCS
Toxapnane
Chiordane
Heptachlor
Aldrin
Oialdnn
Kepone
Pemachlorophenol
Location of Incident
Clarksburgn. New Jersey
Seattle. Washington
The Plains. Virginia
Strongstown. Pennsylvania
Strongstown, Pennsylvania
Strongstown. Pennsylvania
Strongstown. Pennsylvania
Hopewell, Virginia
Haverford, Pennsylvania
Quantity
Treated
(gallons)
2.000.000
600.000
250.000
100,000
3.000
100.000
3.000
100.000
3.000
100.000
3.000
225,000
215.000
Contact
Time
(minutes)
26
30-40
26
17
240
17
240
17
240
17
240
455
26
Influent
Concen-
tration
(ppbl
3
400
36
13
1 430
6 1
80
85
605
1 1
605
4000
10.000
Effluent
Concen-
tration
(ppbl
<002
<075
1
35
43
06
1
19
15
<01
<01
<1
<1
Percent
Remove!
9998
9998"
97 22
973
9999
9902
9987
9776
9975
9999'
9999'
9998
9998
-------
Toxic Compound! Removed from Water Uung the Carbon Adsorption Sv*tem in the Hazardous Material Spills Treatment Trailer
                                                   {Continued)
Compound
Methylene Chloride
Carbon Tetrachlonde
Benzene
Toluene
Xylene
Tnchloroethane
Tnchloroethylene
Location of Incident
Oswego, New York
Oswego, New York
Oswego, New York
Oswego. New York
Oswego, New York
Oswego, New York
Oswego, New York
Quantity Contact
Treated Time
(gallons) (minutes)
250,000
250,000
250,000
250,000
250,000
250,000
250,000
85
85
85
8 5
85
85
85
Influent Effluent
Concen- Concen-
tration tration
(ppb) (ppb)
190 51
11 < 1
1 1
120 3
140 < 1
12 < 1
21 3
Percent
Removal
73 15
9091'
90
99 75
9992'
99 17'
9857
Source Becker. D L . S  C Wilson, 1978
                       Amenability of Typical Organic Compounds to Activated Carbon Adsorption
Compound
Alcohols
Methanol
Ethanol
Propanol
Sutanol
n-Amyl alcohol
n-Hexanol
Isopropanol
AIM alcohol
Isobutanol
t-Sutanol
2-Ethyl butanol
2-Ethyl hexanol
Aldehydes
Formaldehyde
Acetaldehyde
Propionaldehyde
Butyraldehyde
Acrolem
Crotonaldehyde
Benzaldehyde
Paraldehyde
Amines
Di-N-Propylamme
Butylamme
Oi-N-Butylamine
Allylamme
Ethylenediamme
Oiethylenetriamme
Monethanolamine
Diethanolamme
Triethanolamme
Monoisopropanolamine
Onsopropanolamme
°yndines & Morphohnes
Pyridme
2-Methyl-5-ethyl pyndine
N-Methyl morpholme
N-Ethyl morpholme
Molecular
Weight

320
46 1
60 1
74 1
882
1022
60 1
58 1
74 1
74 1
102 2
1302

300
44 1
58 1
72 1
56 1
70 1
106 1
132 2

101 2
73 1
129 3
57 1
60 1
103 2
61 1
105 1
149 1
75 1
1332

79 1
121 2
101 2
115 2
Aqueous
Solubility
(%l

-
-
- -
7 7
1 7
058
-

85
-
043
007

-
-
22
7 1
206
15 5
033
105


-
-
-
-
-
-
954
-
-
87

-
si sol
_
-
Concentration
cng/l
Initial
(Col

1 000
1 000
1 000
1 000
1,000
1 000
1 000
1 010
1 000
1 000
1 000
700

1 000
1 000
1 000
1 000
1 000
1 000
1 000
1 000

1 000
1 000
1 000
1 000
1 000
1 000
1 012
996
1 000
1 000
1 000

1 000
1 000
1 000
1 000
Final
id)

964
901
811
466
282
45
874
789
581
705
145
10

908
881
723
472
694
544
60
261

198
480
130
686
893
706
939
722
670
800
543

527
107
575
467
Adsorbabihry
% compound,
ao carbon

0007
0020
0038
0 107
0 155
0 191
0025
0024
0084
0059
0 170
0 138

0018
0022
0057
0 106
0061
0092
0 188
0 148

0 1 74
0 103
0 1 74
0063
0021
0062
0015
0057
0067
0040
0091

0095
0 179
0085
0 107
Percent
Reduction

3 6
100
18 9
534
71 8
95 5
12 6
21 9
41 9
29 5
85 5
98 5

9 2
1 1 9
27 7
52 8
30 6
45 6
940
73 9

80 2
520
870
31 4
10 7
294
7 2
27 5
330
200
45 7

473
893
42 5
53 3
                                                                                                                               I
-------
Amenability of Typical Organic Compound! to Activated Carbon Adtorption (Continued)

Compound
Aromatics
Benzene
Toluene
Ethyl benzene
Phenol
Hydroqumone
Aniline
Styrene
Nitrobenzene
Esters
Methyl acetate
Ethyl acetate
Propylacetate
Butyl acetate
Primary amyl acetate
Isopropyl acetate
Isobutyl acetate
Vinyl acetate
Ethylena glycol monoethyl ether
acetate
Ethyl acrylate
Butyl acrylate
Ethers
Isopropyl ether
Butyl ether
Oichloroisopropylene ether
Glycols & Glvcol Ethers
Ethylene glycol
Oiethylene glycol
Tnethylene glycol
Tetraethylene glycol
Propylene glycol
Oipropylene glycol
Hexylene glycol
Ethylene glycol monomethyl ether
Ethylene glycol monoethyl ether
Ethylene glycol monobutyl ether
Ethylene glycol monohexyl ether
Oiethylene glycol monoethyl ether
Oieihylene glycol monobutyl ether
Ethoxytnglycol
Halogenated
Etnvlene dichionde
Propylene dichloride
Ketones
Acetone
Methylethyl ketone
Methyl propyl ketune
Methyl butyl ketone
Methyl isobutyl ketona
Methyl isoamyl ketona
Onsobutyl ketone
Cyclohexanone
Acetophenone
Isopnorone
Organic Acids
Formic acid
Acetic acid
Propionic acid
Butyric acid
Valeric acid
Caproic acid
Acrylic acid
Benzoic acid
Oxides
Propylene oxide
Styrene oxide

Molecular
Weight

78 1
921
1062
94
1101
93 1
1042
123 1

74 1
38 1
102 1
1162
1302
102 1
1162
36 1

1322
100 1
1282

1022
1302
171 1

62 1
106 1
1502
194 2
76 1
1342
118 2
76 1
90 1
1 18 2
146 2
1342
162 2
178 2

990
1130

58 1
72 1
86 1
1002
1002
1 14 2
1422
982
120 1
138 2

460
60 1
74 1
88 1
102 1
1162
72 1
12 1

58 1
1202
Aqueous
Solubility

007
0047
002
67
60
34
003
0 19

31 9
87
2
068
02
29
063
28

229
20
02

1 2
003
0 17

-
-
-
-
-
-
-
-
-
-
099
-
-


081
030

-
268
43
V Si SOl
1 9
0 54
005
25
055
1 2

-

-
-
24
1 1
-
029

405
03
Concentrat
mg. 1
Initial
(Co)

416
317
115
1 000
1 000
1 000
• 180
1 023

1 030
1 000
1 000
1 000
985
1 000
000
000

000
,015
000

1 023
197
1 008

1 000
000
1 000
000
1 000
1 000
1 000
1 024
022
000
975
010
1 000
l 000

1 000
000

1 000
l 000
i 000
988
000
386
300
1 000
1 000
1 000

000
1 000
1 000
1 000
l 000
1 000
l 000
1 000

1 000
1 000
on
F'nal

21
66
18
194
167
251
18
44

760
495
248
154
1 19
319
180
357

342
226
43

203
nil
nil

932
738
477
419
884
835
386
S86
705
441
126
570
173
303

'39
7'

732
532
305
191
152
146
n,l
332
23
34

765
760
674
405
203
30
355
89

739
47
AdsorOaoii
\ comoound
\ carbon 3

0080
0050
0019
0 161
0 167
0 150
0028
0 196

0054
0 100
0 149
0 169
0 175
0 137
0 164
0 129

0 132
0 157
0 193

0 162
0039
0 200

00136
0053
0 105
0116
0024
0033
0 122
0023
0063
0112
0 170
0087
0 166
0 ' 39

0 '53
0 183

3 043
3 094
0 '39
0 159
0 '59
0 169
0060
0 134
0 134
0 193

0047
0048
0065
0119
0 159
0 194
0 129
0 183

0052
0 190
;v
eauc! or

350
792
34 3
30 5
33 3
74 9
38 3
95 5

26 2
50 5
75 2
34 6
38 :
68 i
32 0
54 3

55 3
7-7
35 9

300
100 0
1 00 ""

5 3
Z5 :
52 3
53 '
' ' 5
' 6 5
61 4
'3 5
3' :
55 3
37 '
43 5
82 7
69 '

3 '
92 1

I ' *
46 1
595
3C '
94 3
35 :
•x :
56 8
9?;
36 5

23 5
24 :
32 6
53 5
79 '
370
54 i
3' '

26
35 3
                                      10

-------
Technology:  Catalytic
                Dehydrochlorination

Brief Description:   Catalytic dehydrochlormation is
based on the reaction of polychlormated hydrocarbons
with high-pressure hydrogen gas in the presence of a
catalyst The feed must be in either liquid or gaseous
form  with the  inorganic  and inert constituents
removed.  The choice of catalyst depends on the
process requirements The operating temperatures
are 671 °to 707°F under 30 to 50 atms pressure. The
quantity of catalyst (usually 61 percent Ni on Kiesel-
guher  or 10 percent palladium m C for PCB com-
pounds) is about 0 2 percent of pollutant weight

Applicability/Limitation:  In  general, supported
catalysts are quickly deactivated by impurities such
as tars, sulfur compounds, etc. These processes are
excessively  costly  and  often  require  the  use  of
hazardous chemicals.
                                                   Status/Availability:   Laboratory scale.

                                                   Manufacturer:   	

                                                   Users:  	
                                                   EPA Contact:  Charles Rogers, (513) 569-7757
Technology:   Centrifugation

Brief Description:  Centrifugation is  a  physical
separation process in which the components of a fluid
mixture are separated mechanically, based on their
density, by rapidly rotating the mass of fluid within a
rigid vessel Centripetal  forces in Centrifugation  are
similar to gravitational forces in sedimentation except
that centripetal forces are thousands of times stronger
than gravitational forces, depending on diameter and
rotational speed of the centrifuge

Applicability/Limitation:   Dewatenng,  separating
oil and water, clarification of viscous  gums and
resms, and recovery of metals Centrifuges are gener-
ally better suited than vacuum filters for dewatenng
sticky or gelatinous sludges  Disc-type centrifuges
can be used to separate  a three-component mixture
(i e ,  oil, water, solids) Centrifuges cannot generally
be used for clarification since they may fail to remove
solids which are not large or dense particles Recovery
and  removal efficiencies may  be  improved if filter
paper or cloth are incorporated m the centrifuges

Status/Availability:  Commercially available
                Western States Machine
Manufacturer:
Bird, Fletcher
Sharpies
Dorr-Oliver
Users:  Widespread

EPA Contact:  S Garry Howell, (513) 569-7756
                                                                   Basket centrifuge.
                                                                        Feed
| j y Basket Wall

jolids —





f
j ^
•IP
1 b
ilL
^^^ii
•~""x'
Revolving / \ : , /'~~<
Basket Frame i ' '

1 1

, i
Ls
i Sfl^
\ "xT-J^
J^H
N
£
f
i.

I r^f
^ Filter Pacer
(Used witn
Perforated Wa
- Solids



, I ' T*» *"
^ t
g i — - Effluent

— . _. — -

                                                     Drive Assembly
Solid bowl centrifuge


            Rotor  Drive Assembly
                                                             Solids
                                                           Discharge
                                                                                 Clarified
                                                                                 Effluent
                                                1 1
-------
Technology:  Chemical Precipitation
Brief Description:  Chemical precipitation facilities
remove dissolved metals from aqueous wastes by
chemically converting the metals into insoluble form
Metals may be precipitated from solution as hydrox-
ides, sulfides, carbonates or other salts. Hydroxide
precipitation with lime is most  common; however,
sodium sulfide is sometimes used to achieve lower
effluent  metal  concentrations  This  involves pH
adjustment followed by sodium sulfide and f locculant
aid additions. Solids separation is effected by standard
flocculation coagulation techniques. The resulting
residuals are metal sludge and the treated effluent
with an elevated pH and.  m the  case of  sulfide
precipitation, excess sulfide.

Applicability/Limitation:  This  technology is used
to treat aqueous wastes containing metals including
zinc, arsenic, copper, manganese, mercury, cadmium,
tnvalent chromium, lead and nickel Selective precip-
itation of barium as barium sulfate and silver as silver
chloride are other applications  Limitations include
optimum pH  for  the mix of metals  present  and
chelating or complexmg agents  Organics are not
removed. The resulting sludge may be hazardous by
definition  but  often may  be delisted  by specific
petition. Sulfide precipitation has been successfully
used at a plating facility (as shown  m the following
table).

Status/Availability:   Commercially available

Manufacturer:   Mobile Systems—Rexnord  CRIG.
 Richard Ostawski, (414) 643-2762
Ecolochem, Inc., Richard Smallwood, (800)446-8004
Dravo Corporation, Ogden Clemons. (412) 777-5235

Ustrs:   Widespread

EPA Contact   S Garry Howell. (513) 569-7756
Solubilities of m»UI hydroxide! at » function of pH


  100
                 8910

                    Solution pH
-------
                     Treatment of Industrial Plating Wattawatart by Sulfide Precipitation and Sattling

                                             Initial conditions of wastewater

                                                     pH = 7 1  ±01
                                              Zn = 32.7 mg/l = 1 264 mM
                                               Ni = 4 7 mg/l = 0080 mM
                                                Total Metals =  1 344 mM
Run
No.
35
36
37
38
39
40
41
42
43
44
Residual Metal,
mg/l
PH
100
100
10.0
10.0
10.0
100
100
100
72
74
t. mm
10.0
10.0
15.0
15.0
5.0
50
100
100
100
100
S" Dosage
1 15*
0
1 15x
0
1 15x
0
1 Ox
08x
08*
1 15x
Zn
50
34
44
>50
076
36
47
>50
>50
>50
Ni
004
005
0 11
008
0 15
009
0 10
020
1 05
>50
Removal Efficiency, %
Zn
0395
9589
9468
<93,95
9908
9565
9432
<9395
<9395
O3.95
Ni
9915
9894
9766
9830
9681
9809
9787
95 74
7766
0
Overall
<9434
96 15
9494
<9429
9903
9587
9461
<9441
9306
8844
Raf: Peters, 1984
       Chemical
       Precipitants
                                 Chemical precipitation and aaaociatad procaaa ttapa.
Chemrcat
Flocculants/
Settling Aids
                                                                     Flocculation     Flocculating
                                                                     Well           Paddles
                                                                                               Baffle
                                Precipitator
                                Tank
                                                                                                     Effluent
                                                             Flocculator-
                                                             Clanfier
                                                                                  Sludge
                                                        13
-------
Technology:   Circulating Bed Combustor

Brief Description:  The GA circulating  bed com-
bustor is  designed to be  an improvement  over
conventional fluidized beds.  The system operates at
higher velocities and with finer sorbents than fluidized
bed systems. This permits a unit that is more compact
and  easier to feed. The unit  also produces  lower
emissions and uses less sorbent materials than the
fluidized bed systems. No off-gas scrubber is neces-
sary in the circulating bed combustor and heat can be
recovered  as an added benefit.
  The key to the high efficiency of the circulating bed
combustor is the  high turbulence that is achieved
within the combustor  This  feature allows efficient
destruction of all types of halogenated hydrocarbons,
including BCBs and other aromatics, at relatively low
temperatures (less than 850°C). All acid gases are
captured within the combustion chamber by injected
limestone.  Compounds containing high  levels of
phosphorus, sulfur, cyanide, etc., can be processed
with emissions of NO,, CO and acid gases.  In addition
to the turbulence a  large  combustion  zone with
uniform (and lower)  temperature throughout also
contributes to high efficiency  The circulating  bed
combustor also features longer residence times of the
combustibles and  sorbents m the combustion zone.

Applicability/Limitation:  The system is capable of
treating solids, sludges, slurries and liquids contain-
ing such compounds as chlorobenzenes, acetonitnle,
carbon tetrachlonde, trichloroethane, sodium fluo-
ride, tributyl phosphate, aniline, malathion, sodium
silicates and lead oxide
  The system is capable of handling feeds of liquids,
sludges or solids. The process requires no atomizer or
multiple feed ports for successful treatment. The high
degree of  turbulence and mixing ensures treatment
of a wide variety of wastes The wastes however must
be  homogenous  m composition when  fed  to the
combustor
  An additional benefit of the circulating bed incin-
erator is the possibility of heat recovery Energy can
be recovered either as steam or hot water. The system
takes advantage of good  heat transfer in the com-
bustor rather than utilizing a separate waste heat
boiler for heat recovery This is possible because the
combustion chamber is of "water wall" construction,
therefore, cooling tubes need not be located m the
direct path of hot gases
Status/Availability:  Ready for field-scale testing

Manufacturer:  G, A Technologies
Users:
EPA Contact:  Donald Oberacker, (513) 569-7341
-------
Technology:   Distillation

Brief Description:  Separates miscible organic liquids
for solvent reclamation and waste volume reduction
The resulting residuals are still bottoms and "slop" or
intermediate distillate  cuts. Two  major types of
distillation processes are batch distillation and con-
tinuous fractional distillation

Applicability /Limitation:  Used to treat liquid organic
wastes, primarily spent solvents, either halogenated
such as,  spent  1,1,1-tnchloroethane  degreasmg
solvent or  non-halogenated compound such  as
methyl ethyl ketone  solvent mixture from paint line
clean-out. Liquids to be separated must have different
volatilities The  limitations are heat-sensitive sus-
pended solids and azeotropes. Batch distillation in a
heated still  pot with condensation  of the overhead
vapors is  easily controlled and flexible, but cannot
achieve the high product purity of continuous frac-
tional distillation  Small packaged batch stills treating
one  drum per day or less  are becoming popular for
on-site recovery of solvents. Continuous fractional
distillation is accomplished in tray columns or packed
towers ranging up to  40 feet in diameter and 200 feet
high Each is equipped with a reboiler, a condenser,
and  an accumulator The capacity of  a  unit is a
function  of  the  waste being processed, purity  re-
quirements, reflux ratio and heat input
                Batch dittillation.
Status/A variability:
Manufacturer:  Exceltech, Inc., John Sedwick, (41 5)
 659-0404
Kipm Industries, Peter Kipm, (412) 495-6200
Mobile Solvent Reclaimers, Inc , Larry Lambing, (81 6)
 271-4392
Users:
EPA Contact:  Ron Turner, (513) 569-7775
                                                              Contmuoui fractional distillation
Feed •
                                    Accumulator
                               Y
                                 1   "•» Distillate
                                                  Perforated Tray Tvoe
                                                  Distillation Plate
                        Bottom
                        Product
                                                                                        Steam

                                                                                        Condensate
                                                                            Still Bottoms
                                                                             (Residual
                                                 15
-------
Technology:  Electric Reactors

Brief Description:   Use an electrically heated fluid
wall reactor to pyrolyze waste contaminants  from
particles such  as  soils.  Emissions and  residuals
include mostly Na, H20 and CI2 and/or HCI trapped in
the scrubber ash components in the residue. The
advantages are that it is  transportable, has a  high
treatment efficiency, and emissions  are low.

Applicability/Limitation:  Used  to treat  organics,
inorganics m solid, liquid or gas (solid or liquid may
require pretreatment) and for PCS or dioxm contam-
inated  soils  It is limited to treating  solids  less  than
-35 U S mesh and liquids atomized to <1 500 micron
droplets.
Status/Availability:   Commercial units are  under
construction, none m use

Manufacturer   Thagard  Research Corporation,
 Costa Mesa, California
J M Huber Construction, Jim Boyd (806) 274-5040

Users:  Two units m Borger, Texas

EPA Contact:   Harry Freeman, (513) 569-7529
Technology:   Electrolytic Oxidation

Brief Description:  In this process cathodes and
anodes are immmersed in a tank containing a waste
to be oxidized,  and  a direct electrical  current is
imposed on the system  The process is particularly
applicable to cyanide bearing waste The products of
decomposition for cyanide waste are ammonia, urea.
and carbon dioxide During the decomposition, metals
present are plated out  on a cathode

Applicability/Limitation:  Used to treat high con-
centrations (up to 10 percent) of cyanide and to
separate metals and allow their potential recovery
Limitations include physical form (such as sludge or
solids), non-selective competition with other species
and long process time  at up to 200°F
Status/Availability:   Commercially available

Manufacturer:   Stauffer Chemical Company
Users:
EPA Contact:   S Garry Howell, (513) 569-7756
Technology:   Evaporation

Brief Description   Evaporation  is  the physical
separation of a liquid from a dissolved or suspended
solid by the application of energy to volatilize the
liquid.  In hazardous waste  treatment, evaporation
may be used to  concentrate a hazardous material
thus reducing the volume of waste requiring subse-
quent treatment or disposal

Applicability/Limitation:  Evaporation can be ap-
plied to any mixture of liquids and non-volatile solids
provided the liquid is volatile enough  to evaporate
under  reasonable heating  or  vacuum conditions
(Both the liquid and the solid should be stable under
those conditions ) If  the liquid is water, evaporation
can be carried out m a large pond with solar providing
the energy  Evaporation of aqueous wastes can also
be  done in closed  process  vessels  with  energy
provided by steam and the  resulting  water vapor
condensed  for possible  reuse  Energy requirements
are usually minimized by such techniques as vacor
recompression or multiple-effect evaporators
  Evaporation is applied to solvent wastes comram
nated with nonvolatile impurities such as oil grease
pamt solids  or  polymeric resins  Mechanically  ag;
rated or wiped thm film evaporators are used Solvent
is evaporated and recovered for reuse. The residue s
the  bottom  stream  typically containing 30  to 50
percent solids

Status/Availability:   Commercially available

Manufacturer'   Resources Convervation Company
 (Mobile  Brine  Concentration Systems), Beilevue
 Washington
Users:
EPA Contact:  Ron Turner, (513) 569-7775
                                                16
-------
                   Schematic of single and multiple effect evaporators
           Exhaust
          Vacuum
          Pump
         Condensate
                                Distilled Vapor
                                     "Cooling
                                      Water
   Heat
Exchanger
              •  Steam

               Steam Condensare
                                        Vapor
                                      Chamber
                                Dilute Uduid
                              Feed
                             Pump
                                                                Concentrated Liquid
                                                        Transfer
                                                          Pump
                    Typical Single Effect Evaporator—Falling Film Type
Exhaust
       i  ^^
1 — x
Vacuum 1 J
Pump ^-r^
1 	
Condenser

\
Condensate









Heat
Exchanger
nj
1 Coolin_g
| Water
(Typ


/3rd N
Effect
Vapor j i*
Chamoer I f
(Typ) | ls, 1
Stage
\J
Condensate
Dilute Liauid
O1
Feed

^•F \

X^





	 j
/f
' — C
Pump >~
) Distilled
Vapor


"^












-J
7^
~s




/2nd ,
Ef'ect
t^
^
2na
Stage
W







-y





	 |
.ff-
1 — C

D.st
lied
Vapor
	 	 1

—

'










_J
7^
s
I
/1St\
Effect
k*-
rn
j i—Steam

j 'r- ^
J j 1 Steam
.x^ * Condensate
S
3rd [
Srage
\y











Concentrate
/ P "•'
'~~\ I Liquid iTyo i
N 	 '
Transfe'
Pump
(Typ
               Typical Multi-Effect (Triple Effect! Evaporator—Calling Film Type
                                         1 7
-------
Technology:
Extraction/Soil Flushing or
Washing
Brief Description:  Removes toxic/ hazardous  or-
ganics and inorganics from soil or sludge by extracting
contaminants by partitioning. The site is flooded with
the appropriate flushing solution and the elutriate is
collected. The resulting waste-containing elutriate is
treated

•Applicability/Limitation:   Used to remove both
organics and inorganics if they are sufficiently soluble
m a solvent Surfactants can be used for hydrophobic
organics.

Status/Availability:  Commercially available
EPA Mobile In-Situ/Contamment Treatment Unit

Manufacturer:  Critical Fluid Systems, Peter Ounlap,
 (617)492-1631
IT Corporation, Dave Sikes, (41 5) 228-5100
                                  Users:  Volk Air National Guard Base  Wisconsin
                                   (found not viable)
                                  Lee s Farm Wisconsin, (31 2) 535-231 8
                                  Celtor Chemical Works
                                  Hoopa Indian Reservation, Nick Morgan i916) 24-3
                                   5831

                                  EPA Contact   Ron Turner, (513) 569-7775
                                  Richard P Traver, ( 12)321-6677
                                               18
-------
Technology:   Filtration

Brief Description:  Granular media filtration usually
uses gravity to remove solids from a fluid by passage
of the fluid  through  a bed  of  granular  material.
Several mechanisms are involved in the removal of
suspended solids by granular media filtration. They
include straining, physical adsorption  and coagula-
tion-flocculation. In vacuum and high-pressure filtra-
tion pressure (either negative or  positive) is used to
move water through the filter media and leaving the
solids behind. These filters may be precoated with a
filter aid such as  a ground cellulose, diatomaceous
earth, etc.

Applicability/Limitation:   Filtration is used for the
dewatering of sludges and slurries as a pretreatment
for other processes. Filtration does not reduce the
toxicity of the waste. Although sometimes powdered
activated carbon  may  be used  as a combination
adsorbent and filter aid, it merely reduces the volume
of waste to be treated. Filtration should not be used
with sticky  or  gelatinous sludges, this  is due to
likelihood of filter media plugging. Granular media
should be preceded by gravity separation if suspended
solids are greater than 100 mg/l  Design criteria—In
granular bed filtration rates range from 2 gpm/sf for
shallow beds of fine sand to over 1 5 gpm/sf for deep
bed filters using coarse sand or multiple media beds.
Vessels are from 2V:  to 20 feet in diameter,  with
media depth of  1 Vi to over 15 feet.

Status/Availability:  Commercially available
                Granular Media Filters
                Corporation,  Dave Jordan,  (201)
Manufacturer:
Calgon  Carbon
 526-4646
Carbon Air Services, Inc., (61 2) 935-1844
Chemical Waste Management, John Fink, (714) 940-
 7971

          Packaged granular madia gravity filter
                    Wasfi Trough
                                    Adjustable Weir
  Influent
  Piping
 Backwash-"""^
 Inlet
Note
Arrows Indicate Route
of Backwash
                                        Backwash
                                        Effluent
                             Underdram System
                                                   Dorr-Oliver
                                                   Krauss-Maffei, (316) 945-5251
                                                   Komlme Sanderson, (201) 234-1000
                                                   Bird Machine Co . (61 7) 668-0400
                                                   DR Sperry, Inc., (312) 892-4361

                                                   Users:   Widely used.

                                                   EPA Contact:  S Garry Howell, (513) 569-7756

                                                                      Vacuum filter.
                                                                    Filter pran unit
                                                        Gasket
                                                         Filtrate
                                                         Outlet
                                                19
-------
Technology:   Fluidized Bed Incinerators

Brief Description:  Utilize a very turbulent  bed of
inert granular material (usually sand) to improve the
transfer of heat to the waste streams to be inciner-
ated.  Residues and emissions  include acid gases
trapped in the -bed. low particulates,  low nitrogen
oxides and ash  components (for low-ash  wastes)
Advantages of this technology include  low tempera-
ture with no ash agglomeration, low gas emissions,
low particulate emissions and a long residence time
Operating temperatures range from 1300 to 2100°F,
gas residence times are usually several seconds, and
excess air rates are normally 40 percent Heat release
rates range from 100,000 to 200,000 Btu/hr/ft3

Applicability/Limitation:   Not  presently  used  for
hazardous waste commercially Refractory  wastes
may not be destroyed.
                                               Status/Availability:  Commercially available

                                               Manufacturer:   Battelle. Jack  Conner,  Columbus.
                                                Ohio
                                               GA Technologies. William Rickman, (61 9) 455-3860
                                               Dorr-Oliver
                                               Waste-Tech Services, Inc ,  (208) 522-0850
                                                (303) 987-1790 (mobile)
                                               Users:
                                               EPA Contact:  Harry M Freeman, (51 3) 569-7529
                             Energy Resource* Company's pilot-plant FBC facility.
                            Freeboard Upper Temperature


               Os Analysis            /
                        V
                         V
                          \

                          .  »    /

              Freeboard Cooling Tubes
                                              Fly ASn

                                          ln-8ed Cooling TuOes
Freeboard Lower Temperature >



        Feed Hopper




 Rotary Val
    Preheat Burner
              Fluidizmg-Air Blower
                                                20
-------
 Technology:
Fly Ash or Lime-Based
Pozzolan Stabilization/
Solidification
 Brief Description:   This  technology  involves the
 addition of  large amounts of  a  siliceous  material
 combined with a setting agent such as lime, cement
 or gypsum resulting in dewatering, stabilized, solidi-
 fied product. Also can use thermoplastic  (asphalt,
 polyethylene)

 Applicability/Limitation:  Used for  sludges and
 contaminated soils including metals, waste oils and
 solvents  Materials such as borates,  sulfates and
 carbohydrates interfere with the process  Long-term
 stability and resistance to leaching unknown in some
 cases
                                  Status/Availability:  Commercially available

                                  Manufacturer:  Different silicate processes avail-
                                  able

                                  Users:   	

                                  EPA Contact:  Carlton Wiles. (51 3) 569-7795
 Technology:   Fuel Blending

 Brief Description:  Method to reuse waste organics
 as fuel substitutes  The objective is the controlled
 blending of segregated wastes of known character-
 istics into a fuel product whose chemical and physical
 characteristics meet the fuel specifications of the fuel
 user

 Applicability /Limitation:  Used to combine waste
 oils, solvents  and  organic sludges to  produce  a
 material with a fuel value usually greater than 10,000
 Btu/lb. Limitations include chlorine and water con-
 tent, the waste viscosity and the need for low solids
 In addition, the presence of certain hazardous con-
                                 stituents (such as PCBs) and the corrosivity of the
                                 waste can be limiting criteria for certain wastes

                                 Status/Availability  In  use for lime and  cement
                                 manufacturing, process heating and blast furnace
                                 operation where permitted

                                 Manufacturer-	
                                 Users   Solid Tek Systems, Inc , (404) 361 -61

                                 EPA Contact:  Ron Turner. (513) 569-7775
Technology:   Granular Media Filtration

Brief Description:  Granular  media filtration uses
gravity to remove sol ids from a fluid by passage of the
fluid through a bed of granular material  Several
mechanisms are involved in the removal of suspended
solids  by  granular  media filtration They include
straining, physical adsorption  and coagulation-floc-
culation A granular media filter therefore can remove
particles much smaller than the void size of the filter
media  Filters may be open top with gravity feed, or
enclosed  m a pressurized vessel  The  range of
configurations available include many proprietary
designs related primarily to improvements in  the
backwashing operation

Applicability/Limitation:  Granular media filtration
is typically used after gravity separation processes for
additional removal of suspended solids and oils prior
to the other treatment processes and as a  polishing
step for treated wastes to reduce suspended solids
and associated contaminants to low levels  Pretreat-
ment by filtration  is appropriate for  membrane
                                  separation processes  ion exchange, and  carbon
                                  adsorption in order to prevent plugging or overloading
                                  of these processes Filtration of settled waste is of ten
                                  required to remove undissolved heavy metals whicn
                                  are present  as suspended solids to ensure meeting
                                  effluent quality requirements Granular media filtra-
                                  tion should be preceded by pretreatment processes if
                                  the suspended solid concentration exceeds about
                                  100 mg/l Otherwise, premature plugging will occur

                                  Status/Availability  Commercially available

                                  Manufacturer:  Calgon Carbon Corporation. Dave
                                  Jordan, (201)526-4646
                                  Carbon Air Services, Inc., (612) 935-1844
                                  Chemical Waste Management, John Fink, (714)940-
                                  7971
                                 Users:
                                 EPA Contact:  S  Garry Howell, (513) 569-7756
                                               21
-------
Technology:   Hydrolysis
Brief Description:  Enhances cleavage rates of
organic molecules (breakdown to simpler, less-toxic
compounds) by acceleration of acid or base-catalyzed
hydrolysis rates through adjustment of soil/ground-
water/sludge pH

Applicability/Limitation:  Applicable m-situ treat-
ment,  e.g.,  pesticide spills. Acid hydrolysis  not
recommended for m-situ treatment because of poten-
tial mobilization of heavy  metals  Base-catalyzed
hydrolysis attractive because of pH adjustment by
lime, alkaline fly ash, or sodium carbonate
                                 Status/Availability:   Used at several sites

                                 Manufacturer:   Not applicable

                                 Users:  	
                                 EPA Contact:  Donald Sannmg, (513) 569-7875
Technology:   Industrial Boilers

Brief Description:  Hazardous  waste is used  as
supplementary fuel to coal, oil or natural  gas m fire
tube and water tube industrial  boilers. Hazardous
waste fuel (HWF) (generally limited to liquid wastes)
can be blended with primary fuel and fired into a
boiler with primary fuel or  it can  be fired  alone
through other burners  The heat release rate of
boilers that have been tested with HWF ranges from
100 to 800 x 103 Btu/ftVhr

Applicability/Limitation:  Chlorine and sulfur must
be limited to  HWF to  minimize  corrosion of  boiler
materials of construction and to avoid increases m
HCI and sulfur oxide air emissions Solids  hazardous
wastes such as contaminated soils are not applicable
for use as HWF m boilers Particularly useful for the
disposal of hazardous wastes generated on site
                                 Status/Availability:  Only a small fraction  of :^e
                                 nations 23,000 fossil fueled boilers are in use burning
                                 HWF

                                 Manufacturer:  Various manufacturers  May  be
                                 package units or field constructed

                                 Users:  Hazardous  waste generators may use o^
                                 sue boilers to destroy combustible wastes

                                 EPA Contact:   Robert E  Mournighan.  (513) 569
                                  7408
Technology:
Industrial Kilns (Cement,
Lime, Aggregate, Clay)
Brief Description:  Rotary kilns constructed of steel
casings lined with refractory  brick  Blended feed
material is fed into the upper (higher) end of the kiln
and fuel (coal, gas, oil, or hazardous waste) is fired at
the lower end. Kiln temperatures are  about 3000°F
for lime kilns, and less than 2000°F for aggregate and
clay drying kilns. Hazardous waste fuel usually fired
into kiln with separate burner than  primary fuel
Waste blending may be necessary to obtain desired
fuel characteristics.

Applicability/Limitation:  Generally  limited to  liq-
uid waste Chlorine and sulfur content of waste fuel
must be controlled  to prevent kiln operating and
product quality problems Contaminated soils are not
good candidates for treatment in industrial kilns
                                  Status/Availability   280 cement and lime kilns 3ut
                                  use of hazardous waste fuel not widespread  A;  east
                                  1 1  cementkilns now burn HWF as supplemental '^e-

                                  Manufacturer   Various manufacturers  Kilns  ars
                                  field constructed

                                  Users   Off-site HWF generators

                                  EPA Contact   Robert Mournighan. (51 3) 569-7408
                                                22
-------
Technology:
Infrared Incineration
Systems
Brief Description:  The primary chamber consists of
a rectangular cross section "box" of carbon steel
lined with layers of lightweight ceramic fiber blanket.
Infrared energy is provided by silicon carbide resis-
tance heating elements. The material to be processed
is conveyed through the furnace on a woven wire belt
through the furnace. When the material reaches the
discharge end of the furnace, it drops off of the belt
into a hopper The residuals are the gaseous products
of waste combustion, low  particulates and solid
residuals. The advantages include a quiescent com-
bustion zone for low paniculate emissions, reduced
gaseous emissions  since no fossil fuel is used, up to
50 percent turndown, the  system allows a high
degree of control  and long residence times are
achievable

Applicability/Limitation:  Used  to  treat solids,
sludges and contaminated soils  The process is used
primarily for solids or sludges, but liquid or gaseous
injection systems are  available
                                 Status/Availability:  Operational units  at several
                                 locations, mobile units under construction, pilot-test
                                 unit available

                                 Manufacturer:  Shirco Infrared Systems, Jim Welsh,
                                  (214)630-7511

                                 EPA Contact:  Harry M Freeman, (51 3) 569-7529
Technology:
In-Situ Adsorption
(PermeableTreatment Beds)
Brief Description:   A trench, excavated down to a
confining layer, is filled with adsorbent or chemical
treatment material, such as activated carbon, diato-
maceous earth,  fly ash,  zeolites, lime or  sodium
carbonate (to raise pH) Contammatedgroundwater is
treated as it percolates through the beds.

Applicability/Limitation:  Beds must be sufficiently
permeable to allow passage  of ground water  Bed
pores may clog up, beds require renovation or
replacement
                                 Status/Availability:  Not used in full scale yet
                                 Manufacturer:

                                 Users:  	
                                 EPA Contact:  Donald Banning, (513) 569-7875
Technology:
In-Situ Chemical
Immobilization
Brief Description:   Heavy metals are stabilized  in
the ground as insoluble precipitates (sulfides, phos-
phates,  hydroxides,  carbonates) or oxidized forms
(e g., ferric hydroxide with Mn coprecipitate) Alter-
natively some reduced forms are more stable (Cr[lll],
Se[IV]). Certain organic monomers can be stabilized
as polymers

Applicability/Limitation:  Applies mostly to heavy
metals The m-situ conditions must be maintained to
jvoid reversion of the stabilized form to a more mobile
form (e g., sulfides can  be  oxidized to sulfates,
remobilizing the heavy metals)
                                 Status/Availability
                                 ment Treatment Unit
EPA Mobile In-SitU' Contam-
                                 Manufacturer:   Not applicable

                                 Users:  	
                                 EPA Contact:  Donald Sannmg, (513) 569-7875
                                 Richard Traver, (201) 321-6677
                                               23
-------
Technology:   In-Situ Thermal Destruction

Brief Description:   Radio-frequency (RF) electrodes
placed along the ground surface heat the shallow
subsurface and generate superheated steam from
ground water Organics are destroyed or mobilized by
vaporization, thermal decomposition, or distillation.

Applicability/Limitation:   High operating costs
(electric power) Probably most applicable to volatile.
low  boiling point, or easily decomposed organic
compounds.
Status/Availability:   Not used on full scale yet

Manufacturer:   Illinois Institute of Technology has
done research
Users:
EPA Contact:  Donald Sannmg, (513)569-7875
Technology:   Ion Exchange

Brief Description:  Removes toxic metal ions from
solution to recover concentrated metal solutions for
recycling  by  exchanging one  ion, electrostatically
attached to a solid resin material for a dissolved toxic
ion The resulting residuals include spent resins and
spent regenerants such as acid, caustic or brine

Applicability/Limitation:  This technology is used
to treat metal wastes including cations (Ni2*, Cd2*,
Hg2*) and  anions (Cr042~. SeO« .  HAs042") Limita-
tions are selectively/ competition, pH, and suspended
solids. The oxidizing agent concentration  should be
greater than 50 meq/ I for practical operation. Highly
concentrated waste streams |>2500 mg/l contam-
inants) or high solid concentrations O50 mg/l)
should be  avoided

Status/Availability   Commercially available

Manufacturer   See buyer s guides from trade
journals

Users:  Used on full commercial scale  for water
treatment- conditioners

EPA Contact:  S  Garry Howell, (513) 569-7756
              Schematic of ion «xch»nge
    To Storage Tank or
  Other Treatment System
      To Storage Tank or
    Other Treatment Svsier
           t
 Backflush           Sac
, Water
  Influent —-
Wastewater:
                          Acid
                       Regeneram
                Canon Exchange
                   System
                                  Anion
     To Storage Tank or
   Other Treatment System
       To Storage Tann o'
     Other Treatment Svste<*
                                                 24
-------
Technology:   Liquid Injection Incineration

Brief Description:  Waste material is introduced to
the combustion chamber in various droplet sizes to
mix with air and fuel, as needed Following combus-
tion, the resulting gases are cooled and treated to
remove participates and to neutralize acid gases.
Pretreatment such as blending, may be required for
wastes to  provide efficient mixing with the oxygen
source. Operating temperatures range from 1200° to
1300°F andthe gas residence time ranges from 0 1 to
2.0 seconds. Typical heat output ranges from 1 to 100
MMBtu/hr.

Applicability/Limitation:  Can  be applied  to  all
pumpable organic wastes including wastes with high
moisture content. Care must be taken m matching
waste to specific nozzle designs. Wastes with high
moisture content, high inorganic content  or which
contain heavy metals are restricted.
Status/Availability:  Ensco has a mobile unit avail-
able,  used with  rotary kilns  EPA Mobile Unit/
Incineration System is available.
Manufacturer:
trade journals.
Several, see  buyer's  guide  from
Users:  EPA Region VII, James Denny Farm,
Missouri (dioxin destruction).

EPA Contact:   Donald Oberacker, (513) 569-7431
Frank J  Freestone, (201) 321-6632
Technology:  Macroencapsulation/
                Overpacking

Brief Description:   Encapsulates large particles in
an  environmentally secure barrier  using  lime  or
cement pozzolan, thermoplastic or organic polymer. A
matrix  is formed from reactive components, but the
waste not uniformly dispersed. The product contain-
ing the waste is  in  nodule form  Product placement
technique is very important.

Applicability/Limitation:  Some processes are ap-
plicableto both orgamcs and inorganics Advantages—
The waste nodules  are isolated,  improved handling,
low permeability, minimum treatment, good beaming
strength  Disadvantages—Presence of free liquid and
the resultant product can be teachable
Status/A vailability:

Manufacturer:   	
Users:
EPA Contact:  Robert Landreth, (513) 569-7839
Technology:  Molten Glass

Brief Description:  Uses a pool of molten glass as
the heat transfer mechanism to destroy orgamcs and
to capture ash and inorganics. The emissions include
acid gas and particulates and all residue is contained
in the glass.  The advantages  include significant
volume reduction, most wastes  are treatable, the
residual  is  stabilized glass. Process is based  on
existing glassmaking  technology

Applicability/Limitation:   Used to treat any solid or
liquid such as plastics, asphalt, PCS  or pesticides.
Sodium sulfates greater than  1 percent of the final
glass may pose a problem It is inappropriate for soils
or high ash waste and it requires additional treatment
for off-gas.
Status/Availability:  Commercially  available 'or
uses other than hazardous waste incinerators

Manufacturer:   Penberthy Electromelt International
 Inc. (206)762-4244
Sattelle—Northwest, (509) 375-2927
Users:
EPA Contact:  Harry M Freeman. (51 3) 569-7529
                                               25
-------
Technology:   Molten Salt
Brief Description:  Waste material is  injected be-
neath a bed of molten sodium carbonate  for incinera-
tion. Inorganics trapped in the salt  include phos-
phorus, sulfur, arsenic and halogens. The salt acts as
a gas scrubber so there are low concentrations or no
acid gas emissions, the scrubber controls particulates
and the salt/ash mixture makes up the solid residue.
Reaction temperatures in the bed range from 1 500 to
2000°F  and  residence  times  are typically 0.75
seconds.

Applicability/Limitation:   Used to treat low ash,
low water content solid or liquid wastes Limitations
are that low ash, and low water content  are required
and molten salt can be corrosive. The neutralization
of acid gases  results in the formation of other salts
that can change the fluidity of the bed and hence,
require frequent replacement of bed material
Status/Availability:  Pilot-scale units available

Manufacturer:  Rockwell International, (213) 700-
8200
Users:
EPA Contact:   Harry M  Freeman, (513) 569-7529
Technology:   Multiple Hearth Incinerator

Brief Description:  Sludge or granulated solid com-
bustible waste feeds through the furnace roof where
a rotating air-cooled  central shaft  with air-cooled
rabble arms and teeth plows the waste across the top
hearth  to dropholes  where  it falls to the next
successive hearth until the ash is discharged at  the
bottom.

Applicability/Limitation: Disposes of sludges, tars.
solids, gases and liquid combustible wastes (through
nozzles). Not recommended for hazardous wastes
Status/Availability:  Commercially available

Manufacturer:  See buyer's guide for trade journals

Users:  Most widely  used sewage sludge mcmera
tion method

EPA Contact:  Donald Oberacker. (51 3) 569-7431
Technology:   Neutralization

Brief Description:   Renders acid or caustic wastes
non-corrosive by pH adjustment The resulting resid-
uals include insoluble salts, metal hydroxide sludge.
and neutral effluent containing dissolved salts. The
final desired pH is usually between 6 0 and 9 0

Applicability/Limitation:  Used  to treat corrosive
wastes, both acids and bases. Limitations may include
concentration, the  physical form such as sludges or
solids  and the  need for corrosion-resistant equip-
ment.
Status/Availability:   Commercially available

Manufacturer:  Newpark Waste Treatment  Svs
  terns. Inc , James Hobby, (419) 586-6683
Solid Tek Systems, Inc , (404) 361 -61 81
Ecolochem, Inc , RichardSmallwood,(800)446-8004
CECOS, Ernest C  Neal. (716) 873-4200

Users:  Widespread

EPA Contact:  S  Garry Howell. (51 3) 569-7756
                                                26
-------
Technology:
Oxidation by Hydrogen
Peroxide (H202)
Brief Description:  Addition  of  H20z to oxidize
organic compounds. Hj02 can be used as a source of
oxygen for biodegradation.

Applicability/Limitation:   Non-specific reaction.
May be exothermic/explosive or require addition of
heat and/or catalysts. Probably not apolicable for m-
situ treatment; may be used for surface treatment of
contaminated ground water/sludges.
                                 Status/Availability:  Common industrial unit pro-
                                 cess.

                                 Manufacturer:  Various,  FMC  sells  hydrogen per-
                                 oxide and nutrient for biodegradation  specifically for
                                 petroleum treatment
                                 Users:
                                                 EPA Contact:  Ronald Lewis, (513) 569-7856
Technology:   Oxidation by Hypochlorites

Brief Description:  Addition of sodium or calcium
hypochlonte (bleaching agents)  to oxidize organic
wastes.

Applicability/Limitation:   May produce toxic chlo-
rinated organic by-products. Must be  done  under
controlled (not m-situ)conditions, i e , batch reactors.
Non-specific reaction
                                 Status/Availability:  Used in industrial processes

                                 Manufacturer:  See buyer's guide in trade |ournals
                                 Users:
                                 SPA Contact:   Donald Sanmng, (513) 569-7875
Technology:   Ozonation

Brief Description:   Ozonation is a chemical oxida-
tion process appropriate for aqueous streams which
contain less than 1 0 percent oxidizable compounds.

Applicability/Limitation:  Ozone can be used  to
pretreat wastes to breakdown refractory orgamcs or
as a polishing step after biological or other treatment
processes to oxidize  untreated orgamcs  Ozone is
currently used for treatment of hazardous wastes to
destroy cyanide and phenolic compounds  The rapid
oxidation of cyanides with ozone offers advantages
over the slower alkaline chlormation method Limita-
tions include the physical form  (i e , sludges and
soilds)  and nonselective competition with  other
species.
                                 Status/Availability:  Commercially available

                                 Manufacturer:  See buyer's guides or trade journal

                                 Users:  Widespread

                                 EPA Contact:   S  Garry Howell, (513) 569-7756
                                 Donald Sanmng, (513) 569-7875
                                               27
-------
Technology:   Plasma Systems

Brief Description:  This technology uses a plasma
arc device to create extremely high temperatures
(temperatures approach 10,000°C) for waste destruc-
tion in highly toxic liquids. Gaseous emissions (mostly
H2, CO), acid gases in the scrubber and ash  com-
ponents in scrubber water are the residuals. The
system's advantages are that it can destroy refractory
compounds, the equipment can be made portable and
typically the process has a very short on/ off cycle.

Applicability/Limitation:   Used  to  treat  liquid
wastes containing organics, pesticides, PCBs. dioxms
or halogenated organics  The  process is limited to
liquids  and  continuous  operation  has not  been
demonstrated
Status/Availability:  Pilot-plant stage with demon-
stration in progress, mobile pilot plant available

Manufacturer:   Pyrolysis  Systems,  Inc   Ed Fox
 (416)735-2401
Applied Energetics, Inc., John Dicks, (615) 455-0631
Westinghouse
Users:
EPA Contact:  Harry M Freeman, (513) 569-7529
                              Procet* schematic of the p«i plasma pyrolytii unit.
                                                                  Off Gases to Flare
                                                                          Emergency Carbon
                                                                          Gas Chromatograon-
                                                                          Mass Selectivity Unit

                                                                          Laboratory
                                                                          Analysis Equipment

                                                                          Gas Chromatograori
                                                                    Sait Water to Oram
Technology:  Polymerization

Brief Description:   Polymerization uses catalysts to   Status/ Availability.   Has been used at spills
convert a monomer or  a  low-order  polymer of  a
particular compound to a larger chemical multiple of   Manufacturer  Not applicable
itself  which has  different  properties for  m-place
stabilization                                       Users:	
Applicability /Limitation:  This technology  treats
organics including aromatics, aliphatics and oxygen-
ated monomers such  as  styrene.  vinyl chloride
isopreneacrylonitnle, etc Limned application to spills
of these compounds
                                                  EPA Contact   Carlton Wiles. (513) 569-7795
                                                28
-------
Technology:  Portland Cement Pozzolan
                Stabilization/Solidification

Brief Description:  Mixes the waste with portland
cement to incorporate the waste into the cement
matrix.  This improves handling and is inexpensive
(plentiful raw materials).

Applicability/Limitation:  Effective  for metal  cat-
ions, latex and solid plastic wastes. Large amounts of
dissolved  sulfate salts, or metallic anions such as
arsenate  and borates will  hamper solidification
Organic matter, lignite, silt or clay will increase setting
time.

Status/Availability:  Commercially available.
Manufacturer:   Aerojet Energy Conversion
 Company, Sacramento, California
ATCOR, Inc., Peekskill, New York
Chem-Nuclear Systems, Inc., Bellevue, Massachu-
 setts
Delaware Custom Materials, Cleveland, Ohio
Energy, Inc., Idaho Falls, Idaho
General Electric Company, San Jose, California
Hittman Nuclear and Development Company,
 Columbia, Maryland
Stock Equipment Company, Cleveland, Ohio
Todd  Research  and Technical Division, Galveston,
 Texas
United Nuclear Industries, Richland, Washington
Westmghouse Electric  Company, Pittsburgh,  Penn-
 sylvania
                                                  Users:
                                                  EPA Contact:  Robert Landreth, (513) 569-7836
Technology:   Pyrolysis Processes

Brief Description:  Pyrolysis  consists of heating
material in the absence of air m order to  thermally
degrade to a volatile gaseous portion  and residual
solid comprised of fixed carbon and ash There are two
main ways to heat the material  One is  by  direct
heating where the material is heated by direct contact
with hot combustion products. The result of  direct
heating is an off-gas that is a combination of volatiles
from the waste and burner flue products Another
method is indirect  heating.  This method  keeps the
burner flue products from mixing with the volatiles
Indirect heating is the necessary mode of heating if
resource recovery is to be attempted, but it is also
more complex and more expensive than direct heating.
Indirect heating will probably prove economical only in
very large units. Because of the drawbacks of indirect
heating Midland-Ross is  concentrating on smaller
units that can convert the waste to  a preheated
gaseous fuel and burn the fuel near the pyrolyzer In
this way direct heating imposes almost no penalty on
overall fuel efficiency.
  The  pyrolysis equipment  is designed to convert
waste that is not suited for boiler fuel, into a gaseous
fuel. The mam objective of this system  is to convert
waste material from a disposal problem  to a gaseous
fuel source.
Applicability/Limitation:  This  technology is  used
to treat viscous liquids, sludges,  solids,  high  ash
materials, salts and metals and halogenated wastes
The limitations are that  it requires a homogeneous
waste input and metals and salts m the residue can be
leachable

Status/Availability:  Commercially available batch
and continuous.

Manufacturer:  Midland-Ross  Corporation,  (41 91
 547-6444
Users:
EPA Contact:   Harry M Freeman, (513) 569-7529
                                               29
-------
Technology:   Rotary Kiln Incineration
Brief Description:  Wastes and  auxiliary fuel  are
introduced to the high end of the kiln which is slightly
inclined to horizontal. Wastes are oxidized, or com-
busted as they move through the kiln due  to its
rotation  Exhaust  gases from  the kiln pass to a
secondary chamber, or afterburner for further oxida-
tion  Ash residues are discharged and collected from
the low end of the kiln  Exhaust gases may require
acid gas and particulate removal, and the ashes may
require solidification before landfillmg

Applicability/Limitation.'  Most types of solid, liquid
and gaseous organic wastes can be treated with this
technology  Wastes with high inorganic salt content
and heavy metals as well as explosive wastes require
special evaluation
Status/A vailability:
wide use
Commercially available and m
Manufacturer   S  D Myers,  Inc , Joe Isle  (415)
 794-6301
American Industrial Waste of ENCSO, Inc , (Mobile)
 (615)383-1691
Exceltech. Inc ,(415) 659-0404
International Waste Energy System, Dwight Srown
 (314)389-7275
Winston Technology, Inc , (Mobile), (914) 273-6533
Industronics, Inc., (203) 289-1551
Volund USA. (312) 655-1490
Thermal
TR Systems
C & H Combustion
CE Raymond
Von Roll

Users:  EPA-OFD. Denny Farm Site near McDonnell
Missouri

EPA Contact:   James Yezzi, (201) 321-6677
Technology:  Soil Flushing/Soil Washing

Brief Description:   Soil flushing is m-situ extraction
of inorganic or organic compounds from  soils  by
passing extractant solutions through the soils These
solutions may include water, surfactants,  acids or
bases (for inorganics), chelatmg agents, oxidizing and
reducing agents Soil washing consists of similar
treatment, but the soil is excavated and treated at the
surface m a soil washer

Applicability /Limitation:   Soil  flushing/washing
fluids must have good extraction coefficients, low
volatility and toxicity, be safe and easy to handle, and
most important, be recoverable-recyclable  Most
promising for extraction of  heavy metals, problems
likely in dry or organic-rich soils Care must be taken
                             that the soil pores are not clogged This can happen
                             with certain surfactants tested for m-snu extraction

                             Status/Availability:   Limited full-scale testing

                             Manufacturer:  USEPA.  Edison, New Jersey  nas
                             mobile soil  washer, other systems under develop
                             ment

                             Users'  Technology has been developed by oil mdus
                             try (tertiary recovery) and mining (metal leachmg)

                             EPA Contact   Richard Traver (201)321-6677
Technology:   Sorption

Brief Description:   Contaminants are bound up in
pozzolan-type matrices by physical sorption or chemi-
sorption yielding a stabilized material which is easier
to handle Liquid immobilization depends on added
ingredients. This process results m high concentra-
tions of contaminants at the surface of the material
and contaminants may leach The treated material is
permeable.

Applicability/Limitation:   For organics and inorgan-
ics Advantages to this technology include plentiful
raw  materials, mixing technology known, improved
handling, inexpensive additives, minimum pretreat-
                              ment,  bearing strength adequate for landfill Qis
                              advantages—large volume of additives, poor leachate
                              control, placement sensitive, limited bearing strength
                              free water may be released under high pressure and
                              there is temperature sensitivity
                             Status/ Availability:

                             Manufacturer:  	
                              Users:
                              EPA Contact:  Robert Landreth, (513) 569-7836
                                               30
-------
Technology:  Steam Stripping

Brief Description:  Uses steam to remove organics
from aqueous wastes. Steam stripping is essentially a
continuous fractional distillation process carried out
in a packed or tray tower. Clean steam  rather than
reboiled bottoms provides direct heat to the tower.
The resulting residuals are  contaminated steam
condensate, recovered solvent, and "stripped" efflu-
ent.

Applicability /Limitation:  Used to  treat aqueous
wastes contaminated with chlorinated hydrocarbons,
aromatics such as xylenes, ketones such as acetone
or MEK, alcohols such as methanol and  high boiling
point  chlorinated  aromatics such as penta-chloro-
phenol  Steam stripping will treat less volatile and
more soluble  wastes than air  stripping  and can
handle a wide concentration  range  from  less than
100 ppm to 10 percent organics.

Status/Availability.  USEPA has transportable unit.

Manufacturer:   	
Users:
EPA Contact:  Ron Turner, (513) 569-7775
      Steam (tripping column—perforated tray type.
                               Organic
                               Vapors
         Liquid
         Feed
                                  Flow
                                                                                      Steam
                                                          Heat
                                                                                Stripped
                                                                                Effluent
                                                   Source  Pfaudler, Rochester New York
Technology:  Sulfur Regeneration Units

Brief Description:  Proprietary sulfunc acid regen-
eration unit is used to combust high sulfur refinery
waste. Sulfur is recovered from the combustion gases
using a double contact-double absorption sulfunc
acid plant. The furnace operates above 1600°F, and
has a long residence time (greater than 1 second).

Applicability/Limitation:  Can destroy  hazardous
waste with high sulfur content Particularly appicable
to high sulfur, high Btu refinery wastes

Status/Availability:  Limited
Manufacturer:
cess.
Stauffer Chemical proprietary pro-
Users:  Destroys on-site generated wastes

EPA Contact:  Harry Freeman, (513) 569-7529
                                                31
-------
Technology:   Supercritical Extraction

Brief Description:  At  a  certain combination  of
temperature and pressure, fluids reach their critical
point beyond which their  solvent properties  are
greatly altered. These  properties  make  extraction
more rapid and efficient than processes using distil-
lation and conventional solvent extraction methods.
This technology has not been applied to PCBs. No cost
or time estimates are available. Presently, the EPA
has contracted Critical Fluid Systems. Inc , to investi-
gate the use of supercritical carbon dioxide to extract
hazardous organics from aqueous streams.

Applicability /Limitation:  This technology is used
to extract hazardous waste from the soil  It is limited
at this time because it is new and it appears that the
capital cost is high
                                 Status/Availability:  Laboratory tests only

                                 Manufacturer:	
                                  Users:
                                 SPA Contact:  Charles Rogers. (513) 569-7757
Technology:
Supercritical Water
Oxidation
Brief Description:  The supercritical water oxidation
process is basically a high temperature, high pressure
wet  air oxidation  The unique properties of water
above 500°C or 705°F (supercritical region) cause it
to act as an excellent non-polar solvent for nearly all
organic materials. Aqueous  solutions or slurries
(organic content >5  percent)  are mixed with high-
pressure oxygen (3200 to 3600 psi or >218 aims) to
chemically oxidize wastes in  less than one minute
with >99.99 percent efficiency  The  process is an
emerging technology which may be less expensive
than high-temperature incineration for destruction of
organically contaminated aqueous wastes.
   Two processing approaches have been evaluated
an above-ground pressure vessel reactor  (MOOAR)
and  the use  of an 8,000 to 10.000-ft well reactor
(Vertox). The SCW process is best suited for large
volume (200 to 1000gpm) dilute (1 0 to 10.000 mg/i
COO) aqueous wastes that are of a volatile nature and
that contain sufficient Btu's to sustain the process. In
many applications, high Btu non-hazardous wastes
can  be mixed with  low  Btu  hazardous wastes to
provide the heat energy needed to make the process
self sustaining. Emissions/residues include gaseous
effluent (nitrogen and carbon dioxide), precipitation of
inorganic salts and the liquid containing only soluble
inorganic acids and salts The advantages are rapid
oxidation rates,  complete oxidation  of  organics,
efficient removal of  inorganics and no off-gas  pro-
cessing is required.
                                  Applicability /Limitation:  Used  to treat  aqueous
                                  organic solution/slurry and mixed organic.'inorganic
                                  waste Sophisticated equipment and operations and
                                  long-term  continuous  operation  have  not  been
                                  demonstrated, thereby limiting its  use

                                  Status/Availability:  Demonstration  completed  
-------
 Technology:   Ultraviolet Photolysis

 Brief Description:  Ultraviolet photolysis (UV) is a
 process that destroys or detoxifies hazardous chem-
 icals m aqueous  solutions utilizing UV irradiation.
 Natural photolysis of dioxins has been observed on
 soil  surfaces  although the degree of reaction  is
 limited by the depth of penetration of the UV. Ultra-
 violet light has been used for degradation of dioxins m
 waste sludge. This process requires extraction of the
 dioxins  into a clean transparent solvent. Reaction
 products are dechlormated phenolic materials includ-
 ing ethoxylated phenol. Use of UV photolysis on a
 liquid dioxin waste required six extractions to reduce
 the dioxin content from 343  ppm to 0 2  ppm
 Photolysis of the extracted dioxin reduced dioxin level
 to less than 0.1-ppm after  20 hours. Overall destruc-
 tion efficiency was 99.94 percent.

 Applicability/Limitation:  The inability of UV light
 to penetrate and destroy pollutants m soil or opaque
 solutions is a  limitation of this approach. Photolysis
 can be enhanced  by simultaneous  introduction of
 ozone.
 Status/Availability:  Laboratory scale.

 Manufacturer:  SYNTEX
 Users:
 EPA Contact:   Charles Rogers, (513) 569-7757
Technology:   Vitrification

Brief Description:   Large  electrodes are inserted
into soils containing significant levels of silicates.
Graphite on the soil surface connects the electrodes.
A  high current  of  electricity  passes through  the
electrodes and graphite. The heat causes a melt that
gradually works downward through the soil Some
contaminant organics are volatilized and escape from
the soil surface and  may be collected by a vacuum
system Inorganics and some organics are trapped in
the melt that as it cools becomes a form of obsidian or
very strong glass.

Applicability/Limitation:   Originally  tested  as a
means of solidification/immobilization of  low level
radioactive metals. May also be useful for forming
barrier walls (e g., equivalent to slurry wall construc-
tion). This later use needs testing and  evaluation to
determine how uniform the wall would be and stability
of the material over a period of time
Status/A vailability:
Manufacturer:   Battelle  Northwest has developed
methods  Currently negotiating  for commercial  li-
cense by others.

Users:   	

EPA Contact:  Donald Sannmg, (513) 569-7875
                                                33
-------
Technology:   Wet Air Oxidation

Brief Description:  Uses elevated temperature and
pressure to oxidize organics. The oxidation products
stay in liquid as do the inorganics. The off-gas low in
nitrogen  oxides, sulfur oxides and participates. Off-
gas treatment may be used for hydrocarbon emissions.
The advantages are that it is thermally self-sustaining,
accepts waste with  organic concentrations range
between biological  treatment  and  incineration,
detoxifies priority  pollutants and the  products  of
oxidation and  stay in  the  liquid phase. Wet  air
oxidation is particularly well  suited  for treating
organic compounds in aqueous waste streams that
are too dilute |<1 5 percent organics) to treat econom-
ically by incineration.   Oxidation of  the organic
compounds occurs when the aqueous solution is
heated to about 300°C and 137 atm in the presence of
compressed air. Typically, 80 percent of the organic
substances will be completely oxidized. The system
can accommodate some partially  halogenated com-
pounds, but highly chlorinated species such as PCBs,
are too stable for  complete destruction without the
addition of catalysts.
Applicability/Limitation:  Used  to  treat aqueous
waste streams with less than 5 percent organics and
with some pesticides, phenolics and organic sulfur,
cyanide wastewaters. It  is  not recommended  for
aromatic halogenated organics. This technology is
not economical for dilute or concentrated wastes and
it is not appropriate for solids or viscous liquids

Status/Availability:  Available at commercial scale

Manufacturer:  Zimpro, Inc., William Copa  (715i
 359-7211
MODAR, Inc , (617) 655-7741
Vertech Treatment Systems, (303) 452-8800
Users:
unit.
Casmaha Resources, 10-gpmdemonstranon
EPA Contact:  Harry M. Freeman, (513) 569-7529
                                               34
-------
                           Bibliography

1.  Martin, Edward J., Oppelt, E, T, and Smith.  B  P, Chemical, Physical,
    Biological Treatment of Hazardous Wastes, Paper to the 5th U S./Japan
    Conference of Solid Wastes Management, Tokyo, Japan, Sept  1 982

2,  Oppelt, E. T ,  Pretreatment of Hazardous Wastes, Paper to the U S /Spam
    Joint Seminar on the Treatment and Disposal of Hazardous Wastes, Madrid,
    Spam, May 1986.

3   Metcalf & Eddy,  Inc.,  Engineers  Briefing  Technologies  Applicable  to
    Hazardous Waste, for USEPA, HWERL, Cincinnati, Ohio, May 1985

4   Contributions by various  participants  of the RCRA/CERCLA Alternative
    Treatment Technology Seminar, CERI (Center for Environmental Research
    Information),  USEPA, Cincinnati, Ohio, May 1986.

5.  Turner, Ronald J ,  A  Review of Treatment Alternatives for Wastes
    Containing Nonsolvent Halogenated Organics. USEPA, HWERL, Cincinnati,
    Ohio, 1986.
                           OOV6SNMENT PRINTING OFFICE 15:6-6^6-1:5  * 3 S 0 6
                                 35
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    THE TES IV TEAM - CONTRACTOR RESOURCES AND CAPABILITIES
               DURING THE CORRECTIVE ACTION PROCESS
Jacobs Engineering Group Inc. is the prime contractor for  the  TES  IV program.
The  contract was awarded in September  1986 to  provide technical  enforcement
support to  EPA Headquarters and Regions  V-X.  The  total  level of effort (LOE)
available is 1,050,000 hours, approximately 33% of which is expected to be used for
RCRA enforcement support.

RCRA support services provided under  the TES IV contract includes:  corrective
action  activities,  inspection  activities,  sampling  activities,   record reviews,
compliance evaluation inspections  (CEFs),  comprehensive monitoring  evaluations
(CME's), case development support, facility plan reviews, health  & environmental
assessments, special  laboratory  services, data management,  policy  and program
support and training.

Specifically,  in support  of the corrective  action  process,  the  TES IV Team has
demonstrated experience and technical depth in the following areas:

     o  Assessment of facility (site) environmental conditions.

     o  Identification and implementation of interim measures.

     o  Review  and  evaluation  of   specific   project   work  plans for  technical
     completeness and adequacy.

     o  Characterization  of  the  hydrogeology  and  facility  processes  through
     sampling and geotechnical field activities.

     o  Evaluation of populations at risk.

     o  Analysis and evaluation of corrective measure technologies.

Attachment A  provides  an  example  scope  of  work  for  a  RCRA  Facility
Investigation/Correction  Measures Study, as  issued under the  TES contracts.

The  Jacobs Team  has been carefully  selected  to  satisfy all of EPA's requirements
for management,  staffing and technical expertise under the Technical Enforcement
Support  Contract.   Each team   member  has  been   selected  based  on   their
demonstrated technical experience with  hazardous  waste projects, including  TES I
and  TES II, their  offices and  staff  in place in Zone II  and their ability to commit
a major portion  of their  firm's resources to the program.  The Jacobs Team
consists of  the  following core and specialty firms:
    Prime Contractor

    o  Jacobs Engineering Group Inc.
-------
                                      -2-


    Mission Subcontractors

    o Metcalf & Eddy (M&E)

    o Tetra Tech

    Specialty Subcontractors

    o Battelle Pacific Northwest Laboratories (BNW)

    o Development, Planning and Research Associates, Inc. (DPRA)

    o Geo/Resource Consultants, Inc. (GRC)

    o ICAIR Life Systems

    o Kellogg Corporation

The  team  members  are  described below  and a  directory is also included with
addresses and a principal contact for each firm.

Jacobs Engineering Group Inc.

Jacobs is an international consulting engineering and  construction firm which has
enjoyed a professional reputation  of the highest  order for more than 37 years.  It
has a  technical staff of 1,600 professional and support personnel, more  than  300 of
whom are specialists in environmental engineering/hazardous waste management.

Jacobs has conducted surface water, ground  water and air quality sampling and
monitoring  at  many hazardous  waste sites  throughout  the  U.S.   Jacobs has
performed  substantial site  sampling/site  inspection  work  for the EPA  on the
current TAT program and maintain field  staffs  fully trained in hazardous waste
site activity.

Jacobs has also  conducted many  feasibility studies, including  studies to identify
and  evaluate   remedial  actions  and  prepare  conceptual  designs  for  selected
hazardous  waste clean  up  alternatives.   Studies  have  included  in-depth  record
searches, field  and  laboratory  studies,  identification  and evaluation  of cost-
effective  alternatives,  conceptual designs for  selected  remedial measures  and
preparation of final  reports.   Jacobs  has also reviewed and analyzed plans and
studies prepared by others to determine adequacy of data and site characterization.

Many  Jacobs  studies  have  involved  endangerment   assessments   identifying,
evaluating, quantifying and documenting the potential for  endangerment  to the
public and to  the environment.   These have included toxicological screenings and
in-depth assessments for a wide  variety of  chemicals.

As a major subcontractor  on the TES II program, Jacobs has lead responsibility for
TES work conducted in the Western U.S.  Jacobs  is thoroughly familiar with EPA's
needs in all areas of the RCRA  program.
-------
Major Subcontractors
Metcalf & Eddy, Inc.

Metcalf & Eddy, Inc. is a Boston-based, environmental engineering consulting firm,
with a staff of over 1,000 located  in  15 U.S. cities and overseas.  Eleven of these
offices are in Zone II, comprising a total of nearly 300 staff in Zone II. Metcalf &
Eddy manages over 1,600 projects and over 300 subcontracts each year.

Metcalf & Eddy has extensive direct experience in environmental programs related
to each  area of expertise required  for the  performance of this program.  M&E has
completed over 250 industrial/hazardous waste projects, including 30 projects in
the  area  of uncontrolled  hazardous  waste  site  management  involving  field
investigations/feasibility  studies.   Several  of these included preparation  of  plans
for and inspection  of site clean up. Studies and  designs for over 70 landfills  and
75 incineration systems have also been successfully performed by M&E. Metcalf &
Eddy  staff  have   performed  field  sampling,   hydrogeologic  investigations,
treatability  testing, exposure and risk assessments  and cost-effectiveness analysis of
alternatives—all with  strict adherence  to appropriate health and safety and quality
assurance procedures.

As  a subcontractor to GCA Corporation  on TES  I, M&E  provided enforcement
support  to   EPA's  Office of  Waste  Programs  Enforcement  on  a variety  of
assignments, including  development of data management  systems used to support
litigation efforts, remedial investigations, feasibility studies, review of responsible
party plans, assistance in  community  relations and  public participation programs
and  acting  as expert witness  in  legal  assignments under  TES I.   M&E is  also
conducting  RI/FS projects in both Illinois and California under State Superfund
contracts.  M&E  will  provide technical support in all work areas, particulary in
work assignments which are executed in Region V.

Tetra Tech, Inc.

Tetra Tech,  Inc., founded in 1966, is  an international environmental science  and
engineering consulting  firm  that provides  its clients with a full range of services
relating  to  water and  energy.   The  firm's staff has provided multidisciplinary
services throughout the world.  Tetra Tech, Inc. has over 900  employees, including
over 600 engineers, scientists, analysts  and  management staff.

Tetra Tech, Inc. provides hazardous waste management support services to private
industry and to  Federal, state  and  local  governments.    Most  notable  are  the
Technical Assistance Team (TAT)  contract  for EPA's Office of Emergency  and
Remedial Response and  a Superfund remedial investigation  under a state/EPA
Cooperative  Agreement at one of  the  nation's most complex site,  Commencement
Bay, WA and Hazardous Waste Site Remedial Investigation  Analysis, Design  and
Implementation Services for the State of California.  In addition to these programs,
Tetra Tech,  Inc.  has  conducted investigations at over 70 NPL sites  for  industry,
military, local, state and Federal  agencies.

Tetra Tech,  Inc.  brings  considerable expertise   to  the  team  in  the  fields of
geohydrology,  pollutant  transport, contaminant  migration  in soils  and ground
water; as well as  an understanding  of  public  concerns;  and knowledge of the
Federal regulatory framework in  which hazardous waste investigations must be
performed.  Tetra Tech, Inc. has  performed a wide range of ground water projects
-------
                                       -4-
for the Department of Defense, the U.S. Geological Survey, the U.S. EPA, Office of
Water Research and Technology,  Electric Power  Research Institute and state and
local  agencies.   The  projects have included  mathematical  modeling,  resource
characterization,  leachate  analysis   and  prediction,   field   monitoring,   well
installation,  pump  tests,  water use  prediction,  assessment of  effects  of  waste
disposal, containment  design  and  review of current regulations.  Tetra Tech, Inc.
personnel have  developed and applied mathematical  models for the movement of
pollutants in both the  unsaturated and saturated zones.

Tetra Tech, Inc. has also conducted  various field and ground  water investigations
and facility studies   by  combining  its  expertise  in  waste characterization and
analysis, pilot  plan and  engineering/design/feasibility studies.   Tetra Tech, Inc.
will provide technical support  in  all  work  areas,  particularly with respect  to
assignments in  Regions VII and X.
Specialty Subcontractors

Battelle  Pacific Northwest Laboratories (BNW)

Batelle, one  of  the  world's largest  contract research organizations, has conducted
thousands of research projects in virtually all areas of the physical, life and social-
behavioural  sciences.   Battelle has  a  staff of 'nearly 8,000 scientists, engineers,
technicians  and support personnel of which approximately 3,000 are located at the
Pacific.  Northwest  Laboratories.    Research  departments  include:   Atmospheric
Sciences,  Biology,  Chemical  Technology, Ecological  Sciences,  Energy  Systems,
Engineering  Physics, Materials, Physical Sciences, Radiological  Sciences and Water
and  Land Resources.   Battelle has  researched, developed, verified and conducted
all  the analytical studies specified  in  the Statement of Work and has,  in many
instances, functioned as the  center of expertise  and QA/QC  auditor for these
techniques  for  most  analytical firms  in the  U.S.   Battelle  Pacific Northwest
Laboratories will  provide special laboratory services as required for this contract.

Developments Planning and Research Associates, Inc. (DPRA)

Development Planning and  Research Associates  provides  research and consulting
services  in   the areas of  economics,   data  management,  policy and regulatory
analysis,  marketing, feasibility analysis, resource  allocation,  environmental   and
energy economics, agriculture and  international development.   DPRA's corporate
offices are  located  in Manhattan,  KS; it also has an  office in  Washington,  D.C.
The 40 person  staff holds  graduate degrees  in economics,  agricultural economics,
business  administration,  computer  science,  statistics,   agronomy,  chemistry,
toxicology and  library science. Other  disciplines  represented on  the staff include,
undergraduate degrees in mathematics, biology, plant science and accounting.

During the  past  five  years,  DPRA has  supported EPA's  Office  of  Solid Waste
(OSW) and  Office of Waste  Programs Enforcement (OWPE) and their contractors
with hazardous waste data base management and analysis.  DPRA created  the "OSW
Hazardous Waste  Database", which  is designed to facilitate  statistical  analysis  and
inter-dataset analysis at a considerable savings  in access costs.
-------
                                      -5-
DPRA has  also conducted joint on-site inspections of 120 hazardous waste handlers
with  EPA.   At  the  conclusion  of  the  inspections,  DPRA was  responsible  for
computerizing  the  survey data,  producing  reports  and  summaries  of the  data
collected,  compiling complete  documentation  of  the  computerized  data and  the
survey instrument and finally making the data available for integration with other
waste handler information.  DPRA  will provide data management services to the
TES Zone II contract.

Geo/Resource Consultants, Inc. (GRC)

Geo/Resource  Consultants,  Inc.  is  a  minority-owned   California  corporation
established in  December  1976.   The firm  specializes  in geology, geotechnical
engineering,  hazardous  waste  management,  geophysics,  seismology, hydrogeology
and  environmental  studies.    GRC  holds  8(a)  status  from  the  Small Business
Administration  and  is  certified   as  a  Minority  Business  Enterprise  by  the
Environmental Protection Agency  and  other  city, state and  Federal  agencies.
Corporate  headquarters  is in San Francisco,  CA  with regional  offices  in Seattle,
WA; Tucson,  AZ;  and  Washington, D.C.   GRC's  expertise  in hazardous  waste
projects consists  of remedial  action  investigations in  which  the geological  and
hydrogeological regimes of  contaminated sites are characterized, preparation of
enforcement  and regulatory  documents, expert knowledge of  RCRA/Superfund
regulations,  preliminary  assessment of  sites and  development  of  closure/post-
closure plans.  GRC will provide technical  support in  geology, hydrogeology  and
geotechnical  engineering, as well as, policy support.

ICAIR, Life Systems, Inc.

ICAIR  specializes  in  expert  witness services and  risk  assessment  in  the health
sciences and environmental  areas.   The firm's role  in this  program  will  be to
provide  expert consultants/witness  and  technical  assistance  in  endangerment
assessments, public  meetings and  community relations,  protocol development  and
review of  testing data.   ICAIR has been involved in cases such as Love Canal,
Petro  Processors,   Conservation  Chemical,   ChemDyne,  New  Bedford  Harbor,
Solvents Recovery, Reilly  Tar,  Tampa  Road  and  Rocky  Mountain Arsenal,
conducting risk assessments, coordinating peer review studies, and providing expert
witness services.   ICAIR  specializes  in  providing health  and environmental
expertise through the  largest,  most  comprehensive staff of well-qualified experts
available anywhere in  the United  States.  ICAIR's external staff roster includes
more than  700 experts with advanced scientific, engineering or medical  training in
one or more  of over 95  technical disciplines.  Most of ICAIR's  external staff  will
provide their services  to  the government only through ICAIR.  ICAIR  couples its
external  staff  composed of  university  faculty,  retired  individuals,  private
consultants and private  sector employees with  an in-house scientific, engineering
and management staff of more than  100 full-time employees.

Kellogg Corporation

Kellogg Corporation,  headquartered  in  Denver, CO, is  a firm  of over 60 people
that specializes in  fact finding and document management in  support  of  cost
recovery negotiations, arbitration and litigation.  Since 1970, Kellogg  has completed
over 1,500  assignments  in 49  states  and eight foreign  countries.   Kellogg  has
provided assistance  in over 800 contract  disputes involving $3.6 billion in claims on
-------
                                       -6-
projects valued  at  $105  billion.  Kellogg's recent assignments in hazardous  waste
have been with Clean Sites, Inc. and public and private clients on both municipally
and privately-owned hazardous waste sites.

Kellogg's experience provides a unique cost-effective approach to fact finding and
data management which leads to efficient identification  of potentially responsible
parties (PRP's) and enforcement required to resolve issues.  In addition to having
people with relevant investigative  skills, Kellogg has proprietary data  management
software programs  specifically designed to facilitate PRP negotiations.  Because of
this expertise, Kellogg has been able to  discover three to  five times as many  PRP's
on several sites,  as had been previously identified from the  same  document base.
For example,  in  the Sheridan site, outside  of Houston, 44 parties  were originally
identified.  As a  result of Kellogg's work on the publicly  available'documents, over
200 parties were identified.  This includes a previously  unidentified  party  which
was found to be  the third highest contributor to this site.

Kellogg will provide support in the areas of PRP searches, enforcement support
services and cost recovery.
-------
The  following  is a directory  of the team members with  RCRA  experience  and
technical capabilities to support the corrective action program.
     COMPANY

Program Management Office
Jacobs Engineering Group Inc.
1042 National Press Building
529 14th Street, N.W.
Washington, D.C.  20045

Jacobs Engineering Group Inc.
Region V
85 West Algonquin Road
Arlington  Heights, IL 60005

Jacobs Engineering Group Inc.
Region VI
300 North Tower
700 North Pearl
Dallas, TX  75201

Jacobs Engineering Group Inc.
Region VII
Suite 310
8700 Monrovia
Lenexa, KS  66215-3537

Jacobs Engineering Group Inc.
Region VIII
Suite A-300
12600 West Colfax Avenue
Lakewood, CO  80215

Jacobs Engineering Group Inc.
Region IX
1340 Arnold Drive
Martinez,  CA  94553

Jacobs Engineering Group Inc.
Region X
Suite 700
11111 3rd Avenue
Seattle, WA  98101

Jacobs Engineering Group Inc.
P.O. Box 8717
Albuquerque, NM  87198-8717
CONTACT          TELEPHONE

 Jeffrey Van Houten  (202) 628-1903
 Dean Geers
 Michael Warner
(312) 806-9119
(214) 969-9366
 Gary E. Parker
(913) 492-9218
Donna Toeroek
(303) 232-7093
Geoffrey W. Watkin   (415) 228-9700
Lloyd Reed
(206) 622-0907
Duane Truitt
(505) 262-1505
-------
COMPANY
            -2-


TES IV SUBCONTRACTORS

              CONTACT
Metcalf & Eddy, Inc.
Chemical Waste Management Div.
10 Harvard Mill Square
Wakefield,  MA 01888

Environmental Systems Engineering
Tetra Tech, Inc.
Suite 100
11820 Northrup Way
Bellevue, WA  98005-1924

Kellogg Corporation
26 West Dry Creek Circle
Littleton, CO  80120

Life Systems,  Inc.
24755 Highpoint Road
Cleveland,  OH 44122

Battelle Pacific
 Northwest Laboratories
P.O. Box 999
Richland, WA 99352

Development,  Planning and
 Research Assoc., Inc.
P.O. Box 727
200 Research Drive
Manhattan, KS 66502

GEO/Resource Consultants, Inc.
Waterside Mall
40-1 M Street, S.W.
Washington, D.C.  20460
              Neville Chung
              Tom Johnson
              Marty Redding
              R. H. Lovely
              Richard Seltzer
              Mike Barclay
TELEPHONE

(617) 246-5200




(206) 822-9596
(303) 794-1818
              Timothy Tyburski     (216) 464-3291
(206) 525-3130
(913) 539-3565
(202) 488-1487
-------
        Attachment A

    EXAMPLE SCOPE OF WORK

RCRA FACILITY INVESTIGATION/
  CORRECTIVE MEASURE STUDY
-------
                                ENVIRONMENTAL PROTECTION AGENCY
                          Technical Enforcement Support at Hazardous Waste Sites
(Do not ineuo* aancaj or £zMrt Witness noun m oi« LC5 asflmau. £xo«rt Wim«« UMU am consaanw "C3i«r Ona Costs." Hswutt
Wi?i«sa noun n tn« aiucnaa Scao* of Wont.)
 No. of Pages to Follow .
 (Inching SOW)
Reference Info.: C Attacned  C Transmitted Separately  C Pickuo From
 REPORTING REQUIREMENTS:   C Bnefing(s)    C latter Report   C Craft Heoort   G Final Report""

 Deliveries are to be marked ENFORCEMENT CONFIDENTIAL:  C Yes   C No
Rrooreng. reouMnwnn ana o«v«fmot«« nuy anl* for ««cn THS axma maua« n m* SOW • IOMOUM (ar J...»«J«». a m« ™*ro«r ol rworo
rw contncx x noitnit r«0unm«n1. nmMA ffua n your SOW.
                                                        G Cther
                                                       tar your a«tiv«noi«a crflw^s trom
 INITIATOR:
               John  Smith
                                                1/5/87
           Pnmary Contact
               Street
                                                                       Phona no.
                                          (Ill)
Date
  222-3333
      Aodress
 CONCURRENCE:
                                                                                    FTS
                                                                                                  Cn-NET
                   Mary  Doe
                                                1/7/87
                Regional Contact
                                                                                             Data
 APPROVAL:
            Project Officer (HQ TE3 ? 0.)
                                                                                             Date.
      Contracting Cfficsr


 CCNTRACTOR ACXNOWL5DGEMENT OF 3EC3-PT:
                                                      Gate
                                                 (Effecsve Date)
      Signature ana i itle

 Jusii/icauon reauirea in ccmmant sacian.   "'
APPROPRIATION: d CERCLA
(E RCRA
C Ctrier
Funding A«-_ Mn.

srrE'FAciiJTYi FACILITY


TES NO. _ IV '
f!antra«No_ 68-01-7331


WORK ASSIGNMENT NO.
001
E OngtnaJ
G Amenamant No. _. ., _
Pnonty. C2 Normal G Excaans'
*XYZ* CTTV <;-
orPn^vctMuntt
NPLSite: 2 Final or Proposed Ust G No
RCnA Facility: Q[ Yes G No Facility ID»»
Site/Facliry Location (City or County) State
Site Acct. *: • sr.AP Artrvitv LnK:

0
Region/HQ

PURPOSE:
B Initiate New Work Assignment G Work Plan Approval*" G Disapprove Work Plan (Contractor will immediately stoo work)
G Work Plan Revision: ( G SOW G Cost/Hours) G Coseout Work Assignment (All final deliveracles received)
STATEMENT OF WORK SUMMARY (SOW) (Attacn a Dersil^ SOW) (See Reoorting Requirements):
TaskTyp- Qversicht of RCRA Facility Investigation T^kNn-
(Afcot ic»nwy UUK cyp« and numovr j«jujm»K) to 7^5 Usws GUKM to snow acsvtty a wmm n« own* TES ujiu^a SOW)
Summary/comments: The Region requires oversight support during the Facility's performanc0
of a RFI/CMS. fSee Attached)
BASE PERIOD
LOE Cost/Fes
Previously Apprr>v*»
-------
I.    rNTSCEUCTICN AND BACKGSCCND

The **ESrrT.TTY NAME** hazardous waste facility consists of approximately 100
acres or land and is located in ** FACILITY LOCATION**.


The facility began accepting waste on or before February, 1970.  Waste
disposal activities have taken place in three separate areas:

     1)  Radioactive disposal area (until 1978)
     2)  Pre 1974 non-radioactive waste disposal area
     3)  1974 to 1983 ncn-radioactive waste disposal area


The 1974 - 1983 disposal area was operated under both State permits and RCHA
interim status.  This portion of the facility accepted containerized liouid
and solid hazardous wastes and up until 1979 PC3 wastes for disposal in*
unlined trenches.  No attempt was made to solidify the liquid wastes prior to
disposal.  This trench disposal operation covered approximately thirty acres
with an average trench depth of about thirty feet.

Based upon ground-water monitoring reports submitted pursuant to the
requirements of RCHA, hazardous wastes or hazardous waste constituents have
been detected in the ground-water monitoring wells at the facility.  There is
no evidence to indicate that any private wells in the area have been affected
by the facility.  However, **FACTLITY NAME** discontinued use of its own
on-site drinking water well due to contamination.  This well is approximately
1000 feet from the disposal areas.  The total population served by"ground
water within a three mile radius of the facility is approximately 350.
II.    ENFORCEMENT ACTION

On April 1, 1986, **NAME OF CWNER/DPEHATOR** entered into a consent order with
E?A under section 3008(h) of RCHA.This action requires the Respondent
**NAME OF CWNER/OPERATOR** to conduct a RCHA Facility Investigation and
Corrective Measure Stuoy at the **FAdLrTY NAME**.  A corrective action
alternative will be selected by EPA and implemented by the Respondent.  This
Consent Order includes only the two non-radioactive waste disposal areas.
III.   DESCRIPTION OF TASKS TO BE PERFORMED BY THE TES CCNTRACTOR

Task 1.  Assist EPA in the review of the RFI work plan to be  submitted for
approval by  the Respondent on or before **DATE**.

Task 2.  Represent EPA as the on-site project coordinator during  the
Respondent's performance of the RCHA Facility Investigation.   This will
include documentation and inspection of anv work performed.
TAB2-47
-------
Task 3.  Provide comments en the monthly reports submitted by the Respondent
during the RCHA Facility Investigation.

Task 4.  Assist EPA in the review of the draft and final RCHA Facility
Investigation reports.

Task 5.  Assist EPA in the review of the draft Corrective Measure Studv Reoort.
IV.     DELIVERABLES
1)  Provide EPA with a written review of the work plan submitted by the
respondent.

2)  Provide EPA with weekly briefings of the progress of the field activities
during the RFI.  This should include any problems encountered and any
recommendations for additional RFI work.  It may be  required to provide a
written recommendation for any additional RFI work for review by EPA.

3)  As necessary, during the RCRA Facility Investigation, provide EPA with a
briefing, followed by a letter report, detailing any work halted by the
Project Coordinator and the reasons for doing so.  This briefing and report
should also make recommendations for alternatives to the work which has been
stopped.

4)  During the RC3A Facility Investigation provide EPA with any comments or
corrections to the Respondent's monthly report.

5)  Provide EPA with a detailed review of any additional reports or plans
submitted in  accordance with the scope of work.

6)  Provide EPA with a detailed review of the draft  and final RCSA Facility
Investigation Reports.

7)  Provide EPA with a detailed review of the draft  Corrective Measure  Study
Resort.
V.      SCHEDULE FOR TASK CCMPLETICN

1)   RFI/CMS work plan review due within 20 working days of receipt.

2)   Written reports detailing any halt of work by the EPA Project Coordinator
are required within three working days of the cessation of work.

3)   Provide EPA with comments on the Respondent's monthly progress reports
within seven working days of receipt.
 TA32--47
-------
4)  Provide ESA with a detailed review cf any additional plans or reports
required in the scope of work within fifteen working days of receipt.

5)  Provide EPA with a detailed review of the draft RFI Report within fifteen
working days of receipt.

6)  Provide EPA with a detailed review of the final RFI Report within ten
working days of receipt.

7)  Provide EPA with a detailed review of the draft CMS Report within thirty
working days of receipt.
VI.    TRAVEL REQUIREMENTS

Travel will be required to and from the **FACTLITY LOCATION** area over
approximately 14 weeks to oversee the field activities.Also, budget two
additional trips to this area for public hearings.

Travel to the regional office in **CTTYf STATE** will be required for meetings
with EPA, **NAME OF CWMER/OPERATqR**, and their contractors.  Estimate
approximately five (5) round trips.
VII.   LEVEL OF EFFORT

1.   RFI/C1S work plan review            80 hours

2.   Oversight Activities               550 hours
     (70 days x 8 hrs./day)

3.   Additional plan  review              40 hours

4.   Review of Respondent's
      draft and final recorts           250 hours
   Total LCE                            930 hours
-------
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RESPONDENTS:   City of Janesville;
                   Ashland Chemical Company;
                   Bunker Ramo Corporation's Borg Instrument  Division;
                   General Motors  Corporation;
                   Midwest Disposal Company;
                   Newell Company;
                   Parker Pen Company;
                   Pepsi  Cola General  Bottlers;
                   Riverside Plating Corporation;
                   Seneca Foods Corporation;
                   Shenex  Chemical Company, Inc.;
                   SSI Technologies;
                   Sprackling Products;
                   Tecumseh Products Company/Layson  Engineer;  and
                   3M Company

AUTHORITIES:     CERCLA Section 106(a) and RCRA  Section 3008(h)
                   Consent Order  (September 30, 1986)
FINDINGS OF FACT

Facility Description:  This order addresses four sites that total approximately
65 acres and are located  in  the City of Janesville, Wisconsin.  The City of
Janesville is the present owner of the facility and is the respondent under RCRA
23008(h).   Two of the four sites are abandoned sand and gravel pits and meet the
definition of solid waste management units (SWMUs).  The remaining two sites,  the
new Janesville Landfill and  the Janesville Ash Beds (JAB) have been RCRA
regulated since November  1980.  The new Janesville Landfill is located in an
extension of one of the abandoned sand and gravel pits and was licensed to accept
municipal and industril solid wastes by the Wisconsin Department of Natural
Resources (WDDR).   The Janesville Ash Beds consist of five ash beds in which
industrial liquids and sludges were disposed and allowed to evaporate or dry.
WDDR licensed JAB in 1983 to accept hazardous waste.  Materials within the ash
beds have been removed but clean closure has not been certified.  Both JAB and
the new Janesville Landfill  are in assessment ground-water monitoring.  The RCRA
Part A application identified F006, F007, F008, D008 wastes, and paint wastes
were treated in JAB and disposed in the new Janesville Landfill.  Characteristic
waste D002 was also disposed in the landfill.  The Agency proposed JAB and the
abandoned sand and gravel pits on the National Priorities List (NPL) promulgated
on September 21, 1984.

Release Determination:  The  order is based upon a ground water study that shows
a release of the following organic compounds to the ground water:  benzene,
toluene, ethylbenzene, tetrachloroethene, 1,1,1-trichloroethane,
1,1,2,2-tetrachloroethane, and 1,2-dichloroethane.  The release of hazardous
substances from the sites has contaminated the sand and gravel aquifer below the
sites.  Industrial, private  and city wells are located in the aquifer associated
with the sites.  Janesville's municipal water supply originates from a number of
wells in the area.
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ORDER PROVISIONS

    RFI:  The order requires all of the respondents to conduct a comprehensive
remedial investigation to characterize the sites and their actual or potential
hazard to public health and the environment.   Components  of the remedial
investigation include (1) characterizing the  waste materials at the sites
including leachate from the disposal sites;  (2)  determining the present and
potential extent of ground-water contamination within the sand and gravel  aquifer
and within the bedrock aquifer, and evaluating the suitability of the-sites for
on-site containment systems; (3) determining  the extent of contamination of
surface and subsurface soils in and around the facility and sediments within the
Rock River and the pond immediately south of  the New Janesville landfill;  and (4)
determining the extent of contamination reaching the Rock River and the pond
immediately south of the new Janesville landfill.   The respondents will also
conduct a program to determine the extent of  release of contaminants to the air.

    In addition to the site investigation, the respondents will identify
preliminary remedial technologies to ensure that the site investigations provide
sufficient detail and data to support the evaluation of alternatives during the
feasibility study.  Following the site investigations, the respondents will
refine the preliminary options and recommend  preliminary remedial technologies
likely to apply to the site problem.

    CMS:  Based on the results of the RFI,  the respondents will prepare and
submit a draft feasibility study (RCR Corrective Measures Study or CNS) outlining
remedial action alternatives to prevent or minimize the release of contaminants
in the environment.

    CMI:   After selection of the remedial response or corrective action,  EPA
shall provide a sixty-day period for negotiation of a new administrative order on
consent for implementation of the remedial response or corrective action.

    Reimbursement of Costs:  The respondents must  reimburse EPA and WDNR  for
costs which EPA and WDNR concude are recoverable under Section 107 of CERCLA, and
which have been incurred with respect to this consent order.


CONTACTS

Region V:     Daniel J. Cozza
              Remeidal Project Manager
              CERCLA Eforcement  Section

Headquarters: Cindy Byron
               (202) 475-8728
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RESPONDENT:   Eagle-Picher Industries,  Inc.
                 Colorado Springs, Colorado
AUTHORITIES:   RCRA Section 3008(h)
                 Consent Order
FINDINGS  OF FACT

Facility Description:   Eagle-Picher  is  a  nickel-cadmium battery manufacturing
facility that generates, treats and stores  hazardous  waste.   This  facility
includes two active surface impoundments, two inactive surface  impoundments,  and
a drum storage area.

Release Determination:  The consent order is based on the  results  of
ground-water samples  taken downgradient  of  the surface impoundments.   Analyses  of
these samples show a release of nickel,  chromium,  cadmium  and arsenic.   In
addition, soil samples show a release  of nickel and cadmium.  Eagle-Picher  is
hydraulically upgradient of wells which  have the potential to draw ground water
for domestic and/or agricultural purposes.


ORDER PROVISIONS

    Interim Measures:   The consent order requires Eagle-Picher to upgrade its
ground-water monitoring well system and  collect analytical data  on the
concentrations of cadmium, nickel and  pH values in the soil and  ground water.   If
the concentrations exceed the values contained in  the consent order then
Eagle-Picher must develop and implement  an  interim measures workplan.   This
workplan must propose a ground-water interception  and collection system, and
methodology and procedures for treatment of the contaminated ground water.

    RFI:   Eagle-Picher  must conduct a comprehensive remedial investigation or
RCRA Facility Investigation (RFI).   This investigation will,  at  a  minimum,
specifically address  the impact on ground water, surface water,  and
sediments/soils from the four surface  impoundments, drum burial  areas,  spill
areas, buried piping systems,  tanks and  sumps.   The RFI  will (1)  determine  the
concentration, rate,  and extent of contamination;  (2) characterize the hydrology
and geology of underlying aquifers and (3)  characterize  and define the impact of
the site contamination on soils, surface water and ground  water.

    CMS:  Based on the results of the RFI, Eagle-Picher shall prepare a
corrective measures study (CMS) that identifies alternatives to  remediate
contamination.  This  study will also include an assessment by a  professional
engineer of the likely effectiveness and feasibility  of  each corrective measure
alternative.

    CMI:   After  submission  of  the  CMS,  EPA shall  select the  corrective measures
to be implemented at  the facility.   Eagle-Picher must then submit  a corrective
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measures implementation workplan that includes an engineering design and a
detailed schedule for implementation of the selected corrective measures.

    Financial Assurance:  After EPA approves the RFI/CMS workplan, Eagle-Picher
must obtain a surety bond for performance of all work to be performed under this
Consent Order.

    Stipulated  Penalities:  EPA will  assess  a penalty  not  to  exceed $25,000  for
each day of non-compliance with this Consent Order.


CONTACTS

Region VIII:  Marcella De Vargas
              Waste Management Division
              (303) 293-1506

Headquarters: Nancy Browne
              (202) 475-9326
                                                 Eagle-Picher  Industries, Inc.
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RESPONDENT:     Envirosafe Services of Idaho, Inc.
                   Owyhee County,  Idaho


AUTHORITIES:     RCRA Section 3008(h)
                   Unilateral Order  (October 31, 1985)


FINDINGS  OF FACT

Facility Description:   Envirosafe owns  and operates  a  hazardous waste
treatment,  storage, and disposal facility.  The facility has a number of solid
waste management units, including at least 24 unlined disposal trenches, three
missile launch silos extending 160 feet below the surface,  and other
underground silo structures, including a tunnel system.   Prior to November 19,
1980, all but three of the trenches  were filled with  solid  or hazardous
waste.  Many of the associated underground structures were  also  filled with
liquid and solid hazardous waste.

Ground water beneath the site is located at a depth of approximately  200
feet.  Each silo has a single ground-water monitoring well  located 30 feet
downgradient.  Additional monitoring wells are in place 700 feet or more from
the easternmost silo, in a 180 degree downgradient arc.

Release Determination:  The order is based on a determination that
hazardous constituents have been found outside the confines of the silos and
their associated structures in both  the soil and the  ground water. The
sampling data show that the following hazardous waste constituents have  been
found in the soil.  For example, at  Silo I, at 56-58  ft.:  chloroform (166,000
ppb), 2-chlorophenol (137,000 ppb),  2,4-dichlorophenol (993,000  ppb), 2,4,5
trichlorophenol (1,010,000 ppb), 1,2,4 trichlorobenzene (80,000  ppb); and at
192-193 ft.: carbon tetrachloride (115 ppb), chlorobenzene  (115  ppb),
chloroform (143 ppb), methyl bromide (862 ppb), methylene chloride (201  ppb).
The sampling data show that the following constituents are  present in the
ground water:  For example, at Silo  I:  carbon tetrachloride (15.3 ppb),
chloroform (86.9 ppb), methyl chloride (54.5 ppb),  and methylene chloride
(38.8 ppb).

All of the constituents identified above are listed in Appendix  VIII  and have
toxic, carcinogenic, mutagenic or terotogenic effects on humans  or other forms
of life.  Within a three-mile radius downgradient of  the facility there  are at
least 14 wells which draw groundwater for agricultural and/or domestic
purposes.

ORDER PROVISIONS

Interim Measures:  The Order requires Envirosafe to  immediately begin a
monthly sampling and analysis program of the silo wells and the  downgradient
perimeter wells at the facility.  Each sample must be analyzed for specific
volative organics.  If a volatile organic is found as the result of sampling
in excess of 1 part per million (ppm), Envirosafe must immediately notify EPA
and implement its Phase I Corrective Action plan which details procedures for
removing and/or containing hazardous wastes or constituents.
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RFI:  The Consent Order gives Envirosafe 30 days to develop and implement a
remedial investigation or  RCRA Facility Investigation (RFI)  plan for
additional studies that will be necessary to develop a comprehensive
corrective action plan. The plan must contain information about the nature
and extent of contamination that constitutes releases and threatened
releases.   The plan must meet the following performance standards  and
objectives:   site-specific health, safety and quality assurance performance
standards; subsurface investigation performance standards, including
monitoring well installation and construction, well development and hydraulic
conductivity tests,  well sampling, and an aquifer pump test;  soil  samples;  and
environmental sampling in  general.

CMS:  Upon completion of  the RFI, Envirosafe must undertake a Corrective
Measures Study (CMS) to develop feasible methods of achieving and maintaining
background or ACLs for hazardous constituents found in ground water.  The
study must evaluate source control and  on-site and off-site corrective
actions for mitigating the contamination.  The study must also categorize and
analyze each discrete element.

CMI:   The Order  also  includes a Phase II Corrective Action  stage  which
requires Envirosafe to implement corrective action based on the results of the
RFI and CMS.  Envirosafe will submit quarterly reports detailing its progress
in implementing the corrective action.

CONTACTS:

    Region X:      Kenneth D. Feigner
                   Chief,  Waste Management Branch
                   Region  X
                   (206) 442-2782

    Headquarters:  Charlotte White
                   (202) 475-6719
                                          Envirosafe Services of  Idaho,  Inc.
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RESPONDENT:    Koppers Company,  Inc,
                   Carbondale,  Illinois


AUTHORITIES:     RCRA  Section 3008(h)
                   Consent Order (June 4,  1986)


FINDINGS  OF FACT

Facility Description:   Koppers  owns  and operates  a  railroad  tie  and  wood  treatment
plant.  The plant covers approximately 136 acres and uses several different
processes to treat wastewater generated from its wood preserving operations.
Wastewater from the treatment process is  piped through an oil/water separator to a
biological wastewater treatment system consisting of four lagoons (treatment  system
lagoons), an activated-sludge treatment unit,  and a spray irrigation field.  The
treatment system lagoons were constructed in the location of a  former
creosote-contaminated wastewater lagoon adjacent to a "swampy area".  Sludge  that
results from the treatment of these wastewaters  (K001) collects in the treatment
system lagoons and spray irrigation field.

The Koppers facility also has numerous SWMUs including an "old  lagoon area" that
encompasses approximately four acres and kick-back areas that are contaminated as  a
result of spilled or leaking treatment agents  and/or the dripping of these agents
from treated wood.  In addition, three to four years ago, Koppers excavated soil
contaminated with creosote and other organic components and stored the contaminated
soil on plastic sheets in a bermed area southeast of the spray  field.  This storage
has continued to the present time.

Release Determination:  The Consent Order is based on the results of ground-water
monitoring data that indicate a release of hazardous waste constituents  to the
ground water from the treatment system lagoon  area.  These constituents  include:
pyrene, pentachlorophenol, acenaphthene,  naphthalene, fluoranthene, chrysene, and
anthracene.  Contaminants from this area have  moved off-site and reached Glade
Creek, which passes near the eastern edge of the facility.   During October 1981, two
cattle died on the land east of the Koppers property.  An autopsy revealed that they
ingested creosote-contaminated material.   Samples taken from Glade Creek in 1982
indicated a variety of polynuclear-aromatic hydrocarbons and pentacholorophenol.

Ground water and soil in the vicinity of the treatment plant are contaminated with
creosote, pentachlorophenol and other organic  compounds.  This  contamination  may
result from the kickback areas described above.

ORDER PROVISIONS

RFI:   The  Consent Order requires Koppers  to perform  a  comprehensive  remedial
investigation or RCRA Facility Investigation (RFI) in accordance with a Statement  of
Work attached to the Consent Agreement.  The RFI will include defining site geology
and the occurrence of contamination; evaluating ground-water flow patterns and the
extent and effects of ground-water contamination;  and determining the extent  and
potential for air, surface water,  and soil contamination.  Before initiating  the
investigation, Koppers must review all available reports and data to assess what
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existing data can be used in the RFI.   This review will focus on site background,
nature and extent of the contamination, previous and present sampling and analyses,
and previous response actions.   In addition,  prior to starting any site
investigations,  Koppers will assess the site  conditions to determine potential
categories of source control (and/or off-site) corrective actions.  EPA will review
and screen the preliminary technologies so chat the site investigations can be
designed to answer questions raised during this site assessment and support the
corrective measures study.

CMS:  Either during or following the RFI, Koppers will assess the investigation
results and recommend preliminary corrective  action technologies.  Based on the
results of the RFI and consideration of the preliminary corrective action
technologies, Koppers will prepare a Corrective Measures Study (CMS) that evaluates
several alternatives for source control and off-site remedial actions in greater
detail.

CMI:  The Order  requires  Koppers  to  begin implementing the  remedial action after
review and approval by EPA.

Stipulated Penalties:  $1,000 for the first week and $2,000 for each week
thereafter for failure to submit a deliverable or comply with schedules required
under the Consent Order.

CONTACTS

Region V:     Kevin Pierard
              Geologist, Unit 9, Indiana-Illinios Enforcement Unit
              (312) 886-4466

Headquarters: Cindy Byron
              (202) 475-8728
                                                           Koppers Company,  Inc.
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RESPONDENT:     Martin Marietta  Denver Aerospace
                   Waterton, Colorjdo


AUTHORITIES:     CERCLA  Section  106 and  RCRA Section 3008(h)
                   Consent  Order  (February 7,1986)


FINDINGS  OF FACT

Facility Description:   The Denver  Aerospace Waterton  facility contains
approximately 5200 acres and has  been used  for research,  development  and
manufacture of aerospace components,  defense systems,  and related technologies
since 1956.  This facility treats,  stores,  and disposes  F001,  F002, U019,
U044, and D007 hazardous wastes on-site in  sumps,  tanks,  drums,  pits,  ponds,
lagoons, surface impoundments,  and incineration facilities.

Release Determination:  The Order is based  on the  finding that hazardous
constituents have been detected in surface  water,  ground water,  and soil
sediments.   Analysis  of surface water samples from Brush Creek,  indicate  the
presence of trichlorethylene and trans-1,  2  dichlorethylene.   These compounds,
along with hexavalent chromium, cyanides,  n-nitrosodimethylamine, and
hydrazine,  have also  been detected in ground water samples taken at the
facility.  Onsite soil samples  from the facility contained silver, cadmium  and
cyanides.

The potential sources of these  releases include inactive evaporation  ponds
which are now covered with soil,  and an inactive landfill used for the
disposal of solid waste, including construction debris.   Ground water and
surface water pathways provide  routes for  the potential  migration of
contaminants toward the South Platte River.   In addition, this facility  is
hydraulically upgradient from a water treatment plant  which provides  drinking
water to the Denver metropolitan area.

Prior to issuance of  this order,  Martin Marietta constructed and installed  an
interim measure consisting of a well-point  dewatering  system.   This system
intercepts  ground water in the  area and transports the water to facilities
where it is treated and released in order  to mitigate  contaminant migration.

ORDER PROVISIONS

RFI:  Martin  Marietta will  submit to EPA a plan for a comprehensive RCRA
Facility Investigation (RFI).  The workplan will include determining  (1)
presence or absence of hazardous  wastes or  hazardous constituents; (2) the
nature, ext.ent,  concentrations, and rate of movement of  contaminants; (3) the
extent and potential  for migration of contaminants through each of the
environmental media;  and (4) the potential  public health and environmental
hazards resulting from the migration of contaminants.
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The RFI will be conducted in three Phases.   Phase I will focus on performance
of a hydrogeologic and contamination study of the inactive site and the Rifle
Range landfill and will include an investigation of the hydrogeology of the
remaining portions of the study area and an investigation of other potential
sources of contamination within the study area.   Phase II includes the
preparation and implementation of a field sampling and analytical plan and a
QA/QC plan to confirm the existence of contamination in the additional areas
identified for further study at the completion of Phase I.  Phase III
addresses the development of a workplan to investigate any newly discovered
release or threatened release during the first two phases of this
investigation.

CMS:  Based on the results of the RFI, Martin Marietta shall prepare and
submit a draft feasibility study (RCRA Corrective Measures Study or CMS)
outlining remedial action alternatives to prevent or minimize the release of
contaminants in the environment.

CMI:   After selection of the remedial  response  or corrective  action,  EPA
shall provide a sixty-day period for negotiation of a new administrative order
on consent for implementation of the remedial response or corrective action.

Reimbursement of Costs:  Martin Marietta must reimburse EPA for costs which
EPA concludes are recoverable under Section 107 of CERCLA, and which have been
incurred with respect to this consent order.

Stipulated Penalties:  EPA will assess $1000 for the first 1-7 days of
delay and $1000 for each additional day thereafter for failure to submit the
RFI Phase I, II or III reports or CMS at approved times.  For delays of other
deliverables, EPA may assess $1000 for the first 4-7 days and $2000 for each
7-day delay thereafter.

CONTACTS

Region VIII:       James Littlejohn
                   Remedial Project Manager, Enforcement Section
                   (303) 293-1518

Headquarters:      Nancy Browne
                   (202) 475-9326
                                           Martin Marietta Denver Aerospace
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RESPONDENT:     National  Industrial Environmental Services, Inc. (NIES)
                   Furley, Kansas


AUTHORITIES:     RCRA  Section 3008(h)
                   Consent Order (May  31,  1985)


FINDINGS  OF FACT

    Facility Description:   This  consent agreement addresses  the following
units:  evaporation ponds, disposal trenches and a stormwater retention pond.

    Release Determination:  EPA has determined that there has been a
release and that the corrective action order is necessary to prevent  future
migration of ground-water contamination  from the site.

ORDER PROVISIONS:

RFI/CMS:  The Order requires NIES to take corrective action immediately and
to conduct studies necessary to establish ACLs concurrently with the
corrective actions.

The Consent Order requires NIES to  reduce the average  concentration of  total
volatile organic compounds (VOCs) in the ground water  onsite and offiste  by at
least 25 percent in the year following initial establishment of  A level and B
level aquifer extraction well pumping programs.  NIES  must conduct
ground-water monitoring to evaluate the  success of this  pumping  program.
During this time NIES is to develop alternate concentration levels (ACLs) for
contaminants known to be present in the  ground water and released from  the
facility, and to establish final levels  of contaminant reduction and  methods
and schedules to achieve this reduction  based on the ACLs.   If the ACLs are
not approved and finalized by the second year of ground-water extraction, NIES
must reduce the average concentration of VOCs onsite and offsite by at  least
50 and 35 percent, respectively.  If during either the first or  second  year
the average concentration of VOCs in the B level aquifer monitoring wells has
not decreased by the above relevant percentage, then NIES is to  commence
construction of a slurry wall system, or submit an alternate reduction  plan
and schedule which, upon approval by EPA, would be implemented immediately.

Once the ACLs, either individually  or collectively, have been approved  by EPA,
those ACLs, plans and schedules would become effective,  replacing the
negotiated requirements based on the percentage of VOC reduction.   Within 15
months of approval of all ACLs, NIES must document its performance in
achieving these levels  and,  if necessary, submit a plan including revised
methods and schedules to expeditiously achieve the outstanding ACLs.  The
Consent Order corrective action program  terminates when the ACLs have been
attained and maintained for three consecutive years.
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The Order requires NIES to decommission existing evaporation ponds and a
stormwater retention pond.  NIES is required to establish an amibient air
monitoring network to describe all aspects of the dewatering activities which
may have potential to cause air emissions of hazardous substances.  NIES is
also required to install and operate a monitoring station to gather
meteorological data (e.g., temperature and precipitation, wind speed, wind
direction).   If, after completion of sludge removal and evaporation pond
decommissioning activites, no emissions are detected during a 10-day
post-activity period, NIES can terminate the air monitoring program.  If
continued emissions are present, NIES shall continue monitoring and submit a
revised monitoring plan to address the situation.

The Consent Order also requires NIES to plug existing boreholes, wells and any
other cross-connections that may exist between the A and B level aquifers.

Financial  Assurance:  Within one month after the Order becomes effective,
NIES shall provide financial assurance for all provisions which do or may
require expenditures.  The financial assurance mechanisms can separate one
construction cost from another, and may separate capital and operating and
maintenance expenditures.

Stipulated Penalties:  EPA may assess a range of penalties from $1,000 to
$5,000 per day for failure to respond within the specified time to
requirements in the Order.

CONTACTS

Region VII:        David Tripp
                   Regional Counsel, Office of Regional Counsel
                   (913) 236-2808

Headquarters:      Nancy Parkinson
                   (202) 382-2307
                                                                NIES,  Inc.
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RESPONDENT:     The Boeing Company
                   Portland,  Oregon


AUTHORITIES:     RCRA Section 3008(h)
                   Consent Order (July 21, 1986)


FINDINGS  OF FACT

Facility Description:    Boeing owns  and  operates  a hazardous waste
treatment,  storage, and disposal facility.   This Order addresses  corrective
action at a leaking surface impoundment.   Boeing has  identified MEK,  TCA,  and
the following waste streams as those  used at the Boeing plant:  F001,  F002,
F005, and F006.

Release Determination:  The Order is  based on the results  of  ground water
monitoring data which show TCE and TCA  levels that exceed  recommended levels
in the ground water in the vicinity of  the surface impoundment.   On May 1,
1986, Boeing submitted results of groundwater sampling from  five  monitoring
wells near the surface impoundment.   The samples contained the  following
hazardous constituents in the following ranges:   total organic  halogen (TOX)
(1200-2200 ug/1), total organic carbon  (TOG) (2300-5400 ug/1),
methyl-ethyl-ketone (MEK) (BD -79 ug/1),  trichloroethylene (TCE)  (1110-2260
ug/1), and 1,1,1 trichloroethane (TCA)  (124-250  ug/1).   On April  23,  1986,
Boeing sampled selected wells on the  property for volatile organic
constituents.  The results of the sampling include:   TCA (ND- trace),  TCE  (2
-37 ug/1),  tetrachloroethylene (PCE)  (trace -5 ug/1),  trans-  1,2
dichloroethylene (t- DCE) (7  -39 ug/1), and 1,1, dichloroethylene (DCE) (ND- 3
ug/1).

There are approximately 67 domestic,  31 irrigation,  36 municipal,  and 11
industrial  wells within a 3-mile radius of the Boeing facility.   At least  one
potable water well has already been affected, and other drinking  water sources
are endangered.

ORDER PROVISIONS

Interim Measures:  Boeing must implement interim measures which consist of
sampling all active drinking  water wells  within  1/2  mile of the boundaries of
the Boeing property,  as well  as all active drinking  water  wells within one
mile of the property, and within a 180  degree arc centered on the downgradient
ground-water flow direction.   Boeing  must arrange and pay  for the analysis of
all samples.

If the results of the sampling show that a well  is contaminated above pre-
determined action levels, or  if a contaminant is not  listed and is  in
concentrations above the recognized public health advisory level,  and the
contamination likely emanated from the  Boeing facility, then  Boeing must
notify the  affected well owner within three working  days after  such
determination, and must offer to provide bottled water.
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If the level of a contaminant will cause other health concerns  apart from
drinking the water,  Boeing must develop and implement other initial  corrective
actions to minimize  health risks.

RFI:   Boeing must undertake the RFI in two phases.  Phase I will include
(1) an assessment of the rate and extent of air,  surface water,  soil and
ground-water contamination; (2) development of a  model of the  aquifers
affected by the release and a conservative prediction of the potential  effect
of hazardous constituent movement on downgradient well users;  (3)  an
evaluation of the affect of pumping by nearby well users on hazardous
constituent movement;  (4) revision and update of  the Exposure  Information
Report for the double lined surface impoundment;  (5) characterization of each
source of contamination and assessment of the need for source  control
measures; and (6) supplementation of the assessment report to  include the
entire Boeing property and all of the hazardous constituents detected earlier.

The Phase II investigation will begin if at any time during the effective
period of the Order  it is determined in Phase I,  that the Boeing Plant is the
likely source of off-site ground-water contamination.  The investigation will
include (1) an expansion of the ground-water model developed in Phase I to
include both a model of the water bearing zones off the Boeing property
affected by the release and a conservative prediction of the potential effect
of hazardous constituent movement on downgradient well users;  (2)  an
assessment of the rate and extent of air, surface water, soil,  and
ground-water contamination; and (3) an evaluation of the effect of
ground-water pumping by well users in the vicinity of any plume(s) released
from the Boeing property.


CONTACTS

Region X:     Charles E. Findley
              Director, Hazardous Waste Division
              (206)  442-1906

Headquarters: Charlotte White
              (202)  475-9316
                                                           The Boeing Company
-------
RESPONDENT:     US  Ecology,  Inc.
                   Sheffield, Illinois


AUTHORITIES:     RCRA Section 3008(h)
                   Consent  Order  (September 17,  1985^


FINDINGS  OF FACT

Facility Description:  US  Ecology operated as  a hazardous  waste  landfill  until
January 1983 when it  ceased receiving hazardous wastas.   According to facility
records, US Ecology received and buried a variety of hazardous  wastes or
hazardous constituents  at the 45-acre facility, including PCBs,  solid and liquid
cyanide compounds, and  paint sludges  containing lead and  chromium pigments.

Release Determination:   The Order is  based upon ground-water monitoring  reports
that show a release of  hazardous wastes and/or constituents  to  the ground water.
These constituents include:   acetone, benzene, methylene  chloride,
trichloroethylene, chloroform,  and carbon disulfide.


ORDER PROVISIONS

RFI:   The  Order  requires US Ecology  to conduct a comprehensive remedial
investigation or RCRA Facility Investigation (RFI).   The  specific goals  of the
RFI include:  identifying the location of existing contaminant  plumes; describing
contaminants being released and the rate and extent  of their movement; evaluating
ground-water movement for the entire  area of the site; locating'the source of
current releases of contaminants; and defining the method of migration of
contaminants through  existing containment facilities.  Based on this information,
US Ecology will evaluate the site's overall integrity for long-term containment
and the long-term impacts of releases (present and potential) from the facility.

The investigation will  focus on ground-water contamination,  but must also address
air, soil and surface water contamination.  In addition,  US  Ecology will
investigate the relationship between  surface water and ground water at the site.

CMS:  Based on the results of the RFI, US Ecology will develop and evaluate
corrective action alternatives.   The  Order requires  the facility to evaluate each
alternative in terms  of reliability,  implementability, operation and maintenance
requirements, environmental effects,  and safety requirements.

CMI:   The  Order  requires US Ecology  to implement the CMS.

Financial Assurance:   US Ecology must establish an escrow account in the amount
of $75,000 for payment  of any stipulated penalties.   This account will remain  in
effect for the duration of the RFI and CMS.  In addition, the facility must
provide EPA with an irrevocable standby Letter of Credit  for $750,000.   This
Letter of Credit will guarantee performance and payment of the  RFI and CMS.   US
Ecology must establish  an additional  Letter of Credit for $1,750,000 to  guarantee
the performance and payment of any corrective action.  EPA may  draw on the Letter
of Credit in the event  US Ecology fails to properly comply with the terms and
conditions of the Consent Order.
-------
Reimbursement of Costs:  US Ecology must also reimburse EPA for costs incurred
prior to the effective date of the Orde-r (not to exceed 525,000),  RFI and CMS
oversight costs (not to exceed $30,000 per year for a maximum of t^o years),  and
oversight of corrective action implementation (not to exceed 5100,000).

Stipulated  Penalties:  For each day US Ecology fails to submit deliverables
required under the scope of work,  EPA may assess penalties of 53,000 per day.

CONTACTS

Region V:     Kevin Pierard
              Geologist, Unit 9,  Indiana-Illinois Enforcement Unit
              (312) 886-4466

Headquarters: Cindy Byron
              (202) 475-8728
                                                            US Ecology,  Inc.
-------
           SUPERFUND
          Records Of Decision
                  Update
From: Hazardous Site Control Division
To: EPA Regional Offices
August 30, 1985
  Vol. l,No. 5
            REMEDIAL RECORDS OF DECISION'
                    FY1985
togta Stt/SM
I Saird & Maguire Inc
May siio MA
to 1986
Beacon Heights L/F,
CT
Cannon Engr-Plymouth.
MA
ROD Charles George L/F
signed MA
7/11/85
Groveiand Wells. MA
Hocomonco Pond. MA
ROD McKin Company ME
signed
7 '22/85
Nyanza Chemical MA
MSI Operaoie Unit)
Pwllo Farm Site Rl
(1st Ooeraoie Unit)
(2nd Operable Unit)
ll Bog CreeK Farm NJ
Burnt Fly 8og. NJ
Gems Landfill. NJ
Glen Ridge Radiation
NJ
Gooss Farm NJ
Helen Kramer it F NJ
CandWM
(or
Ottogrton
no
yes 4/12
yes 7/31
yes 3/8
yes 7/31
yes 6/ 1 7
yes 4/12
yes 4/12
yes 4/12
yes 6/17
yes
no
yes 7/31
no
/« 6/ 1 7
yes 7/31
Thrwlor
OMA^Mn
rimm
Pesticides m soils
&GW
LF leacnate m GW
Surface tanks &
soils
LF ieachate in GW
Solvents in GW
Creosote in soil GW
Voiantes in GW. soil
contamination
Metal sludges
Orgarics in soil &
GW
Voiaties
Lead/fCBs in sal/
sediment
GW contact wrtn
landfill
Low-level
ractiatxjn
GW & soil contamin-
ation oy VOCs/
exotics
GW contaa witn LF
Ittun
Dwxin. ACL
Treating GW m
fraaured
oedrock
—
RCRA caooing
ACL. use of PRP
RI/FS
ACL
Pumping &
treating GW
ACL/onsite RCRA
(acuity
ACL
Seriousness of
neaftn mreat -
potential tor
mplace treatment
Very tigm
scneduie
GW cleanup —
feasibility of RCRA
cap
Oftsite disposal
location
Heavy PflP
involvement
—
ftogtanri
Conod
Boo Sharten
223-1722
Ricd Cavagnero
223-1947
Greg Roscoe
223-5911
Ricn Laghton
223-1946
Jim Oneilo
223-1946
Jim Cinello
223-1946
Oave Weoster
223-4909
Ricn Cavagnero
223-1947
Jonn Randall
223-1928
Erie Swaru
264-1253
Sue Kaufman
264-8098
Ed Putnam
264-1873
Ooug Johnson
264-8475
Don Lynch
264-8216
Ed Putnam
264-1873
HMdQuvtvrs
Contact
Steve Hoooef
475-6689
Steve Hoooef
475-6689
Bill Kascnan
382-2348
Sill Kascna«
382-2348
Steve Hoooef
475-6689
Steve Hoooef
475-6689
Jim Spatare<'.j
382-7995
SB Kascran
382-2348
Jim Spatareii,,
S Ross
382-7995
Jonn Kingston
382-7996
BoO Quinn
382-2350
Jim Soatarau
382-7995
Jonn Kingston
382-79%
John Kmgscon
382-7996
Boo Qumn
382-2350
Jim Soatareiia
382-7995
Jonn Kmgscort
382-7996

                                       •r* not Included on this list.
-------
MM







III


ROD
signed
3/22/85
ROD
signed
3/22/85
ROO
signed
3/2/85
ROD
signed
5/28/85


ROO
signed
5/28/85



Sk/SM
Upan Landfill. NJ
Marathon Saury, NY
Olean Wed SeW. fU
Sinclair Refinery. NJ .
Swooe Oil. NJ
Wide Beacn NY
YorK Oil. NY
Oougiasviiie. PA
OraKe Chemical. PA
Harvey-Knon. OE
Heieva Landfill PA
Lacxawanna. PA
Lansdowne Radiation.
PA
MeAooo Associates. PA
Moyers unofiii PA
Sand Gravel & Stone.
MO
Taylor Sorougfi, PA
Tyoouts Comer, OE
Tysons Osoosai. PA
American Creosote. . FL
w i mm or
yes 7/31 Leacnate tram LF
possible Cd contamination ot
wetlands, cove 4
river
yes 6/ 1 7 TCE contamination of
GW
yes VOCs etc m soil
GW
yes 6/ 1 7 PC8s .n soil
yes 7/31 PC8s m son
yes 7/31 ?C3s m son
yes 4/i 2 Waste oinocated m
flood stain
yes 6/ ' 7 Contaminated
Buildings aqcons &
GW
yes 6/ 1 7 GW contamination
drum aisDOsai
yes 3/8 Contaminated GW
yes 3/8 "its witn contamin-
ated 'eacnate
yes 6/ 1 7 House contaminated
witn radioactive
materials
no Soils contamination
yes 6/ 1 7 LF witn contaminated
leacnan
yes 6/ 1 7 Soil contamination
snaittwGW
contamination
yes 4/ 1 2 Drum aisoosai on -OB
at LF minimal son
contamination
/es urge LF GW con-
tamination alternate
water suooiy
orovided
no ugoons. soil and
snailow GW
contamination
yes 7 '31 ugoon areas onsite
and oftsite soil and
GW contamination
ISSUH
Leacnate
coiieaion i
aisoosai
wetlands env
inreat .imited
DUOIIC neaitn
:nreat
No source aata
Sow site
GW contamination
ot 'ocai wens
Consistency witn
removal action
"gm scneduie
Active 'acuity is
source ot
contamination
Flood oiam
aaiacem facility
RA coordination
GW cteanuo goals
Zetland assess-
ment PCBs
Source in GW 2
yr treatment Ti-
eluded m remedy
Municipal/
naustnal c:asure
ot aits
suosidence
Seiocation
fund naiancmg
partial removal
-s wooing :ue
•3 SbCsiaence
jas collection ly
20 -------



ROD
signed
3/29/85
EDO
ROD
signed
3/29/85
V
Moved
to
FY86
HOD
signed
3/13/85


Moved
!0
FY 36
SOD
signed
6/12/85
Moved
to
FY86

HOD
signed
9/2/85
ROD
signed
3/7 '85


HOD
signed
8/7/85
HOD
signed
8/12/85
ROD
signed
8/12/85

VI
S*»/S«i
Oavie Landfill. FL
Miami Drum/
Siscayne Aquifer , FL
Varsoi Spill. FL
Wnitenouse Waste Oil
FL
Acme Solvent IL
(1st Operaoie Unit)
Arcanum iron OH
Byron Salvage IL
(IstOperaDle Unit)
Cemetary Ml
(1st Operaoie Unit)
Chanevoix Municipal.
Ml
Fields Brook OH
(1st OperaDie Unit)
Kummer L'F MN
Ust OperaDie Unit)
LasKin/ Poplar Oil OH
LeHnher MN
1 'st Operapie Unit)
Mam St IN
(1st Operaoie Unit)
Morns Arsenic MN
New Lyme. OH
Norrnemairs. Ml
(1st OperaDie Unit)
Old Mill OH
Schmalz Dump Wl
(1st Operaoie Unit)
Verona Wellfieid. Ml
(2nd OperaDie Unit)
Wauconda Sand. IL
(1st Ooeraoie Unit)
Bayou Bontouca LA
CandMaM
for
Mtgatlon
yes Of 1 7
no
yes 3/8
yes 3/8
yes 4/12
yes 7/31
yes 3/8
yes 7Oi
yes 4' 12
yes 7/31
yes 4/12
/es 6/ 1 7
7 31
ves 6/ ' 7
yes 7 31
yes Si 1 7
yes 6/17
yes 5- 1 7
yes 4/12
yes 6/ 1 7
yes 01 ' 7
yes 7. Ti
yes 4, 1 2
Threat or
PiuWini
Sludge lagoon
threatens GW
Regional GW
contamination
Source dissipated
Soils GW w/
organics and metals
Alternative water
supolv contaminated
satis 4 GW (metals
organics PCBs)
Soil GW
contamination with
lead & acid
Buried wastes.
arums
Buried drums
GW contamination
limited to threat nRM
to provide alternate
water supply)
Stream sediments
contaminated with
?CBs organics
Heavy metals
Water supply
PCS contaminated
soils ponos GW
GW contamination
witn TCE
PUOIIC water supply
contaminated w/
solvents
No tnreat deletion
candidate
Landfill contamina-
ted soil eacrate &
GW
Contaminated soils
Contaminated soil
and GW
PCB contamination
of soil pond
sediments
Contaminated soil
Contaminated
eacnate
Creosote waste piles
LF' drums
ISSUM
Disposal m
existing onsite
landfill without
douPle liner
Plume is no
longer identified
with any site
The aguifer is
contaminated
Petroleum
traction
Length of GW
treatment suita-
bility for onsite
closure
Son cleanup '6vei
oeii sting
methodology)


Cleanup levels

Disposal
'acihty tor pC3s
Hign enforce-
ment

"CSs
High
enforcement
—




ACL .ength of
time to treat GW
PCBs

—
Soil cleanup evei
Rational
Contact
Jim Oroan
257-2643
Jim OrDan
257-2643
Jim OrDan
257-2643
JacK Snider
257-2930
Paul Sitter
Dave Favero
886-4742
Alien Woitas
886-6941
Doug Yesios
886-9296
Tom Thomas
886-1434
JacK Kratzmeyer
353-6449
Allen W0|tas
386-6941
Allen woitas
886-6941
.ay Pucmski
353-6316
F'ed 3artman
353-6083
M'«e Sfimou
J53-54I7
Gene Aong
353-6341
Mary "yson
386-3006
Mary £:ame
Gustatson
386-6144
Mary Tyson
386-3006
Margaret
Guernero
886-0399
JacK Kratzmeyer
353-6449
Cindy Nolan
386-0440
Oon Porter
729-9712
Headquarters
Contact
Ed Barm
382-7998
Deooie
Swicnkow
382-2453
Lisa Wooason
475-3246
Linda
Soornazian
382-7997
Ed Banh
382-7998
Kitty raimi
382-2449
Ed Banh
" 382-7998
Carol Lmosav
475-6704
Kitty Taimi
382-2449
Ed Barth
382-7998
Kitty Taimi
382-2449
Ed Bartn
382-7998
Carol undsav
475-6704
Carol unosa.
475-6704
Kitty faimi
382-2449
Ed Sartn
382-7998
Carol Lindsav
475-6704
Carol : ncsav
475-6704
Carci ^ncsav
475-670-)
Carol L ncs-------
Tf»M or
                    luim
Moved
to
FY86
Moved
to
FV86
ROD
signed
3/15/85
ROD
signal
6/11/85
VII
BOO
signed
7/10/85
VIII
Moved
to
FY86
ROD
signed
8/7/85

IX

ROD
signed
5/9/85
X
Moved
to
FV86
ROD
signed
5/3/85

Goal Lindsay AR
Ov»ReDer,l>
MOTCO. TX
Tnangfc Chemical. TX
Bhsville Sites. MO
(Rosalie & Caltanan)
Denver Radium Site.
CO
Milltown. MT
(Supplemental)
WoodBury Chemical.
CO
Ceftor Chemical. CA
OalNorte. CA
JibOoom Junkyard. CA
Ponders Comer WA
TacomaWeil i2A, WA
United Chrome. OR
yes 6/1 7
y«s4/12
yes 3/8
yes 4/12
yes 4/12
yes 6/25
yas
yes 3/8
yes 6/ 1 7
yes o/ U
yes 3/ 8
yes 7/31
no
yes
tow ievei orgamcs
in soil
LF/dnjms with
df games
Lagoons containing
PCBs. organics. and
neavy metais
Sals with arsenic.
metals
Drums 4 con-
taminated sals
Radioactive con-
tamination (soils 4
structures)
Arsenic -contaminated
water supply
Soils with pesticides
Heavy metais in soil
Pesticides m sot.
GW
PC8s. metais in soil
ICE in soil GW
Organic solvents m
soil GW
Hex-cnromium m
soil GW
Mo action vs
limited action
Extent of removal.
if any. GW
cleanup
incineration of
PCSs. Mtem of
soil /sludge
removal
ACL
Offsite disoosal
AcceotaM
disposal facility
Extent of
contamination
Extent of sal
removal treatment
vs onsite closure
Soil cleanup
level
ACL
Extent of son
excavation
ACL
ACL. extent of
soil excavation
ACL
Joe Cravens
729-9737
Steve Gnretn
729-2737
Oon Porter
729-9712
Oon Williams
729-9713
8oO Fetid
758-3931
Jonn BnnK
564-1525
Jim Knoy
585-5414
wait Sandza
564-1531
NICK Morgan
454-8918
Micnele Oermer
454-8144
Nick Morgan
454-8918
Carol Thompson
399-2709
Phil Wong
399-7216
jorm Meyer
399-1271
Randy 
-------
                         SUPERFUND
                       Records Of Decision
                                     Update
      From: Hazardous Site Control Division
      To: EPA Regional Offices
                                November 26, 1985
                                       Vol. 1, No. 8
ROD SUMMARIES

VARSOL SPILL,
REGION IV,
FLORIDA
(Approved 3/29/85)

Description:
• Commercial operations at the
  Miami  International  Airport
 , resulted  in  discharges  of
  hydrocarbons,  petroleum-
  fraction solvents, and jetfuel
  into surface waters and the
  Siscayne Aquifer.

Decision:
• No  source  control  action
  specific to this site; area-wide
  responses and ground water
  remedies addressed  in  Bis-
  cayne Aquifer ROD.

Issues:
• Rl showed no trace of solvent
  at site; other chemicals have
  biodegraded  or  dissipated
  and become part of overall
  contamination of  Biscayne
  Aquifer.
• CERCLA does not address jet-
  fuel spills.
• Private parties have recovered
  some spilled jetfuel.

Contacts:
• Region IV: Jim Orban
            FTS 257-2643

  Headquarters: Lisa Woodson
               FTS 475-8246
BISCAYNE AQUIFER,
REGION IV.
FLORIDA
(Approved 9/16/85)

Description:
• Three NPC sites and an un-
  sewered industrial area to the
  North contributed  to overall
  contamination . in  the  Bis-
  cayne Aquifer. Sites include a
  drum recycling  facility,  a
  municipal landfill, and an  in-
  ternational airport. As a result,
  three well fields serving more
  than 600,000 people  have
  been contaminated. Biscayne
  Aquifer is close to the surface
  and has high  transmissivity.

Decision:
• Add air stripping capacity to
  existing  well-head  treatment
  facilities at two wellfields

Issues:
• Area-wide groundwater con-
  tamination from   numerous
  sources.  Remedial  measures
  ensure safe municipal supply
  but do not address existing
  contamination.
• Local authorities will pay for
  further treatment  to  remove
  additional  chemicals and
  color and to increase available
  water supply. EPA supports
  these actions.
• Area-wide waste management
  plan  recommended for entire
  study area.
Contacts:
• Region IV: Jim Orban
           FTS 257-2930

• Headquarters: Lisa Woodson
              FTS 475-8246
LEHILLIERAWANKATO,
REGION V,
MINNESOTA
(Approved 9/25/85)

Description:
• Natural  and  man-made
  depressions became ad r^oc
  waste disposal sites between
  1925 and 1960. In 1981.  TCE
  was found in an aquifer see,
  ing the LeHillier commumr,

Decision:
• Manage migration and reduc-
  source  by extracting gro^nc
  water using a system of -•
  istmg and newly constructed
  wells and partially treating sv
  air stripping.
• Extend  LeHillier  wa;er
  distribution system to include
  all affected receptors.

Issues:
• Target levels for ground water
  restoration equate to a HSK
  level of 10-6  TCE.  Ground
  water treatment should  take
  less  than 5  years if contami-
  nant source no longer exists
  and will take 5 to  10 years
  otherwise.
-------
• Ground  water  treatment
  prevents  migration  of con-
  taminants to water supply of
  adjacent town.

Contacts:
• Region V: Fred Bartman
           FTS 35^6883

• Headquarters: CaroUJndsay
               FTS 475^6704
DOUGLASSV1LLE
DISPOSAL SITE.
REGION III,
PENNSYLVANIA
(Approved 9/27/85)

Description:
• Waste  oil reprocessing  and
  recycling facility has been in
  operation since 1941. The site
  has drums of wastes and con-
  taminated    soils   and
  sediments. VOCs were found
  in  facility  drinking water.  In
  1970 and 1972, storms wash-
  ed  millions   of  gallons   of
  waste  downstream  from  an
  abandoned lagoon.

Decision:
• Remove drums.
• Remove contaminated  soils
  and sediments from drainage
  ditch and  consolidate in the
  sludge  disposal  area.  Cap
  filled sludge lagoon and facili-
  ty disposal area.
• install levees and dikes to pro-
  tect site from 100-year flood
  event.
• Defer  decision  on  ground
  water treatment.

Issues:
• Site is in  100-year floodplam
  of state scenic river.
• Active facility onsite.

Contacts:
• Region III: Bill Hagel
            FTS 597-3161

• Headquarters: Lisa Woodson
               FTS 475-8246
VERONA WELL FIELD,
REGION V,
MICHIGAN
(Approved 8/12/85)

Description:
• Three known  sources have
  contaminated the Verona Well
  Field  with VOCs. The  well
  field supplies water for 35,000
  residents  of  Battle  Creek,
  Michigan, and for commercial
  and industrial users, including
  two major food processors. In
  1984, incerceptor wells and air
  stripping facilities were  con-
  structed at the well field as an
  interim remedial measure to
  ensure a clean  water supply
  to the community.

Decision:
• Contain  and  collect   con-
  taminated ground water  in
  vicinity of one source. Pump
  to existing well field air strip-
  per for treatment.
• Increase  volatilization of
  VOCs  from  soils   at  that
  source using  air extraction
  wells.

Issues:
• Enhanced volatilization using
  air extension wells is  an alter-
  native technology  for dealing
  with soils contaminated  with
  VOCs.

Contacts:
• Region V: Jack Kratzmeyer
            FTS 353-6449

• Headquarters: Carol Lindsay
               FTS 475-6704
SINCLAIR REFINERY SITE.
REGION II.
NEW YORK
(Approved 9/30/85)

Description:
• VOCs and other contaminants
  were  found  m  the  landfill
  associated with an oil refinery
  and in ground water. Flooding
  and migration of the Genesee
  River  has eroded parts of the
  landfill.

Decision:
• Remove and  dispose  of
  drums  offstte;  excavate
  smaller  landfill  and  con-
  solidate with larger landfill: fill
  and cap landfill with RCRA
  clay cap.
• Channelize portion of  river

Issues:
• Waste from the  refinery por-
  tion of the site eventually may
  be incorporated into the land-
  fill. An Ri/FS for the refinery
  portion is under way.
Contacts:
• Region
Joel Singerman
FTS 264-9589
• Headquarters: Bob Qumn
               FTS 382-2350
WIDE BEACH
DEVELOPMENT SITE,
REGION II,
NEW YORK
(Approved 9/30/85)

Description:
• A  small  recreational  com-
  munity  on  Lake Erie used
  waste oil for dust control The
  waste  oil  was found to con
  tain PCBs.

Decision:
• Excavate  contaminated son
  from roadways, drainage ait
  ches, driveways,  yards, arc
  wetlands.
• Dispose  of  contaminated
  asphalt;    reuse   uncoi-
  taminated asphalt as fill
• Chemically   treat  cc-
  taminated soils; use  treated
  soil as fill m excavated areas
  and  repave  roads and dnve
  ways.
• Treat perched water m sewe'
  trenches.
• Continue sampling  to def"~e
  extent of contamination

issues:
• Chemical   detoxification  ;•
  PCBs was found to be an  •?•
  fective  alternative   to  ]ar~
  disposal or  incineration

Contacts:
• Region II:  Joel Singerman
            FTS 264-9589

• Headquarters: Bob Qumn
                FTS 382-2350
 BEACON HEIGHTS
 LANDFILL,
 REGION I,
 CONNECTICUT
 (Approved 9/23/85)

 Description:
 •  This   30-acre   privately
   operated  landfill   received
                       I
-------
   municipal   refuse,  rubber,
   plastics, industrial chemicals,
   and  sludges.  The  ground
   vater, which provides water
   ,or several residential wells, is
   contaminated.

 Decision:
 •  Excavate discrete portion of
   site with minor wastes; con-
   solidate wastes; cap site.
 •  Install  leachate  control
   system around landfill; collect
   leachate and treat offsite.
 •  Extend  public water supply.
 •  Decision on ground water has
   been deferred.

 Contacts:
 •  Region  I: Rich Cavagnero
           FTS 223-1947, or
           Steve Farrick
           FTS 223-1718

 •  Headquarters: Steve Hooper
                FTS 475-6689
BAYOU BONFOUCA,
REGION VI,
LOUISIANA
   proved 8/15/85)

-Ascription:
• Abandoned creosote treating
  facility   is  within   100-year
  floodplain of adjacent bayou.
  Creosote contamination
  found  in  soils  onsite,  in
  ground water, and on the bot-
  tom of the bayou.

Decision:
• Excavate  and   dispose  of
  creosote  and   highly  con-
  taminated soil offsite; dispose
  of contaminated water offsite
  through deep-well injection.
• Study extent of  and remedies
  for contamination  in  sedi-
  ment, ground water, and sur-
  face water.

Contacts:
• Region VI: Don  Porter
            FTS  729-9712

• Headquarters: Randy
               Kaltreider
               FTS 382-2448
CELTOR CHEMICAL,
REGION IX,
CALIFORNIA
(Approved 9/30/85)

Description:
• The site was occupied  by  a
  processor of mining ores. Tail-
  ings left onsite  have  been
  washed  downstream  during
  floods  and  have  leached
  heavy  metals  into  surface
  waters. One large tailings pile
  was removed  as an  interim
  measure.

Decision:
• Excavate contaminated  soils
  to risk-based levels for metals;
  dispose of contaminated soils
  offsite.

Contacts:
• Region IX: Nick Morgan
            FTS 454-8918

• Headquarters: Steve Hooper
               FTS 475-6689
GOOSE FARM,
REGION II,
NEW JERSEY
(Approved 9/27/85)

Description:
• Polysulfide rubber and solid
  rocket fuel propellants were
  buried in a pit  dug  in fine
  sand. Ground water and soils
  are contaminated. Interim ac-
  tivities have included offsite
  disposal  of wastes and soil
  and plume containment

Decision:
• Flush   remaining   con-
  taminated soil. Collect ground
  water, treat it, and  re-inject
  treated water into ground.
• Continue testing to determine
  need  for capping and extent
  of PCS contamination.

Issues:
• Heavy involvement of  PRPs.

Contacts:
• Region II: Don Lynch
            FTS 264-8216

• Headquarters: Bob Qumn
                FTS 382-2350
OLEAN WELL HELD,
REGION II,
NEW YORK
(Approved 9/24/85)

Description:
• The  well field that supplies
  drinking water for the City and
  Town of Olean was found to
  contain TCE. Immediate ac-
  tions  included  monitoring
  private wells and installing 11
  carbon absorption units. Little
  data  were  available on  the
  source of contamination.

Decision:
• Construct two  air  stripping
  systems to treat water  from
  three municipal wells.
• Extend City water  system to
  replace contaminated wells,
  inspect  industrial - sewers.
  recommend institutional con-
  trols on well water extraction,
  further  define   source  and
  evaluate control methods.

Contacts:
• Region II: Pam Tames
           FTS 264-2646

• Headquarters: Bob  Quinn
               FTS 382-2350
WOODBURY
CHEMICAL SITE,
REGION VIII,
COLORADO
(Approved 7/19/85)

Description:
• Fire destroyed a  pesticides
  plant  m  1965. Contaminated
  rubble and debris were put on
  an  adiacent  lot.  Pesticides
  metals,   and   other  organic
  compounds are found  botn
  on- and  offsite m soils  and
  sediments.

Decision:
• Offsite   incineration   of
  material  with  total pesticide
  concentration  in  excess of
  100 ppm and offsite  disposal
  of soil containing  3-100 ppm
  total pesticides.

Contacts:
• Region VIII: Walt Sandza
             FTS 564-1531

• Headquarters: Randy
                Kaltreider
                FTS 382-2448
-------
WESTERN PROCESSING,
REGION X.
WASHINGTON
ent  from creek.
    jnitor site closely and  ex-
  ^and  treatment if necessary.

Issues:
• Further actions at site will be
  determined after analyzing ef-
  fectiveness  of  current
  remedies.
• Involvement of approximately
  190 PRPs.
• Possible m-situ soil solidifica-
  tion pilot site.

Contacts:
• Region X: Judy Schwartz
           FTS 399-2684

• Headquarters: Steve Hooper
               FTS 475-6689
HARVEY AND KNOTT
DRUM SITE,
REGION III,
DELAWARE
A~ "oved 9/30/85)

     iption:
 1 Wastes accepted at this on-
  site  disposal  facility   were
  from sanitary, municipal, and
  industrial sources  and  con-
  sisted  of  sludges,   paint
  pigments, and solids. Wastes
  were burned, allowed to seep
  into the soil, or buried. Con-
  taminants,  including  PCBs
  and VOCs, have been found in
  soils  and  sediments.  VOC
  contamination was also found
  in ground  water.

Decision:
• Treat water from onsite pond;
  remove   and  dispose  of
  sediments, sludges,  wastes,
  and drums.
• Install  ground  water  collec-
  tion and  treatment  system
  and use treated ground water
  to flush onsite soils. Operate
  system for 5 years and assess
  level of effectiveness.

Issues:
• Site closure decision will be
  deferred until effectiveness of
  soil flushing can be assessed.
• Extraction/treatment/fiushmg
  system is  an alternative to ex-
  cavation and disposal.
• Extensive  wetland area sur-
  rounding site.

Contacts;
• Region III: Joe Dugandztc
            FTS 597-9023

• Headquarters:  Lisa Woodson
                FTS 475-8246
HOCOMONCO POND.
REGION I,
MASSACHUSETTS
(Approved 9/30/85)

Description:
• Wood products were treated
  with creosote onsite. Wastes
  were stored in a lagoon and
  two depressions.   Creosote
  compounds   have   con-
  taminated local soils, ground
  water,  and sediments m  the
  local pond.

Decision:
• Excavate  and  dewater
  sediments from the pond and
  soils  from the depressions.
  Place m an onsite facility built
  to RCRA standards.
• Relocate  the  open-iomted
  storm dram that runs through
  the former lagoon area.
• Cap both the onsite  facility
  and the former lagoon area
  with  one contiguous  RCRA
  cap.
Contacts:
• Region I: Bruce Marshall
           FTS 22S0906

• Headquarters: Steve Hooper
               FTS 475-6689
NEW LYME.
REGION V,
OHIO
(Approved 9/27/85)

Description:
• This 40-acre landfill accepted
  industrial wastes not aiicwec
  by  State  of  Ohio  license
  Cyanide   wastes   may  5e
  buried at the site. Soil, grcurc
  water, and sediment are con-
  laminated.  Contaminates
  leachate is apparent at seecs
  throughout the site. The s.:e
  is surrounded  on three sices
  by wetlands.

Decision:
• Install RCRA cap over lane?-.
• Dewater landfill  and extract
  and contain ground water  -
  definitely;  treat ground  .va:-'
  and  contaminated  leac-a-e
  using biological  precipita: z~
  and activated  carbon tec"-
  ques: consolidate  cc-
  tammated  sediment  ors -e
  under cap.
• Construct  gas  contrc s
  monitor ground water

Contacts:
• Region V:  Mary Tyson
            FTS 886-3006

• Headquarters:  Carol Lindsa,
                FTS 475-6704
SWOPE OIL COMPANY,
REGION II.
NEW JERSEY
(Approved 9/27/85)

Description:
• This  chemical  reclamation
  and production facility was in
  operation from 1965 to 1979
  PCBs  and  other  chemicals
  were found m soils. A surface
  aquifer  is   contaminated m
  part from the site. A municipal
  well located 100 feet away m
  the lower  aquifer has been
  closed.
-------
Decision:
• Remove and  dispose tanks
  and buildings offsite; treat or
  dispose of tank contents.
.• Dispose of PCB-contaminated
  soils and  buried sludge off-
  site; cap site.
• Study nature  and extent of
  ground water contamination
  and  feasibility  of   remedial
  alternatives.

Contacts:
• Region II: Don Lynch
           FTS 264-8216
• Headquarters: John
               Kingscott
               FTS 382-7996

CEMETERY DUMP,
REGION V,
MICHIGAN
(Approved 9/11/85)

Description:
• This abandoned gravel pit was
  used  for  burial  of  approx-
  imately 250 drums of hazar-
  dous wastes, including PCBs.
  Four residences were subse-
  quently constructed onsite.
                                                Aquifer underlies the site, and
                                                supplies water for  area-wide
                                                domestic wells.

                                              Decision:
                                              •  Excavate  and  dispose  of
                                                drums offsite. Soils to be ad-
                                                dressed in  ROD amendment.

                                              Contacts:
                                              •  Region V: Tom Thomas
                                                         FTS 886-1434

                                              •  Headquarters: Kitty  Taimi
                                                             FTS 382-2449
                                                             Ed Barth
                                                             FTS-382-7998
ALTERNATIVE
TECHNOLOGIES

One of the major goals  of the
Superfund program in FY '86 is
to  increase  the  use  of new
technologies  to  treat and
dispose of waste. This issue of
the ROD  Update  is intended to
provide a brief overview of what
 some of these new technologies
 are, where they  have already
 been used at Superfund sites,
 and some current Agency work
  i this area.

      some rough working de-
       , of the basic  categories
of alternative technologies are in
order.

• ALTERNATIVE TECHNOLOGY
  is currently used by many  to
  mean  any treatment technol-
  ogy that reduces the mobility
  and toxicity  of waste and
  thereby reduces  its threat  to
  the environment. Containment
  or land disposal without treat-
  ment is not considered to be
  alternative technology.
• INNOVATIVE  TECHNOLOGY
  denotes existing technologies
  that have not yet been  proven
  effective for their desired ap-
  plication or technologies that
                                               just  need final field
                                               stration  to  be  conside
                                               proven  and  available

                                             • ADVANCED/EMERGING
                                               TECHNOLOGIES
                                               refer to technologies sti
                                               the lab research stage

                                             • EXISTING  TECHNOLCG
                                               are those which have prove"
                                               be effective for the des i rec 1
                                               plication and are comme'-:  i
                                               available.

                                             The various stages of tec-
                                             gy  development  are disc ;.
                                             below.
                  Advanced/.
                  Emerging
                              TECHNOLOGY DEVELOPMENT
     Innovative
                                             1
                                                            c
                                                           5 3
                                                           c  ;
                                                           g  —
                                              Existing
 Lab Scale
Development
 Pilot
Scale Up
                                               Demonstration
                                Guidance
-------
Alternative  technologies  currently  being  tested  and  considered  by  EPA  include  the  following:
             INNOVATIVE TECHNOLOGIES UNDER DEVELOPMENT BY ORD

 I. CONTAINMENT                                             CONTACT
   A. ISOLATION TECHNIQUES
       1.  Barriers by Grouting (P)
       2.  In-situ Vitrification (ISV) Generated Underground Barriers
          for Confinement of Hazardous Wastes (P)
       3.  Use of Underground Mines as Repositories for
          Hazardous Waste (0)
       4.  Bottom Isolation Barrier System (P)

   B. STABILIZATION/FlXATIpN/ENCAPSULATION TECHNIQUES
       1.  Applicability of Solidification/Stabilization
          Processes to NPL Sites (D)
   C. AIR EMISSIONS/TREATMENT TECHNIQUES
       1.  Air Stripping of Volatile Organics from Soil (L)
       2.  Air Stripping of VOCs from Liquids at Superfund
          Sites (D)
       3.  Control of Air  Emissions from Superfund Surface
          Impoundments (D)
 II. SEPARATION/CONCENTRATION TECHNIQUES
       1.  Treatment of Waste-Contaminated Ground by
          Electrokinetics (P)
       2.  Investigation of Treatment Methods Used in the Mining
          and Metallurgical Industry for Application at Waste Site
          Cleanups (L)
       3.  Artificial Freezing as a Remedial Action Technique (P)
       4.  Mobile/Transportable Systems for Extraction  of
          Pollutants from Excavated Soils (P/D)
       5.  In-situ Extraction of Contaminated Soils (P)
       6.  Management of Contaminated Sediments (L)
       7.  Leachability of Toxic Organics from Contaminated Soils
          and Residues  from Chemical and Biological Treatment
          of Contaminated Soils (L)
       8.  Reverse  Osmosis Concentration of Hazardous Waste
          Leachate (P)
       9.  Steam Stripping of Contaminants (L)
      10.  Metal Binding  Compounds (L)
      11.  Supercritical Extraction Using Solvent and Solute
          Mixtures (L)
      12.  Sorption of Aqueous Hazardous Wastes with Treated
          Clays (L)
      13.  Pristine  Lignm for Hazardous Waste Treatment (L)
 III. DETOXIFICATION
   A. CHEMICAL TREATMENT TECHNIQUES
       1.  Dioxin Radical Formation and Polymerization on Cu (II)
          Smectite (L)
       2.  Catalytic Decomposition of Halogenated Pollutants (P)
       3. Photodecomposition of Toxic Inorganics and Organics
          in Leachates Via Semiconductor Oxides (L)
       4. Slurry Process for Destruction of PCDDs  and PCBs in
          Contaminated Soils, Sediments, and Sludges (P)
    B. BIOLOGICAL TREATMENT TECHNOLOGY
        1. Use of Colloidal Gas Aphrons (GCAs) for Solving
          Contaminated Ground water and Soil Problems
       2. Use of Support Aerated-Biofilm Reactors  for the
          Biodegradation of Toxic Organic Compounds (L)
       3. Anaerobic In-situ Degradation of Organic Compounds (L)
       4. Biochemical Processing of  Leachates and Excavated
          Soils (P)
Herbert Pahren
Don Sanning

Janet Houthoofd

Walter Grube

Carlton Wiles
Paul dePercin
Paul dePercin

Paul dePercin
Jonathan Herrmann

Don Sanning
Janet Houthoofd
Richard Traver

Richard Traver
Anthony Tafuri
MikeRoulier
John Martin

John Martin
John Martin
Mark Stutsman

Mark Stutsman

David Ferguson
Mark Stutsman

Charles Rogers
Charles Rogers

Charles Rogers
 Stephen James

 Ronald Lewis

 Stephen James
 John Brugger
FTS#


  569-7874
  569-7875

  569-7863

  569-7798


  569-7795
  569-7797
  569-7797

  569-7797
  569-7839

  569-7875
  569-7863
  321-6677

  321-6677
  321-6604
  569-7796
  569-7753

  569-7753
  569-7753
  569-7776

  569-7776

  569-7518
  569-7776

  569-7757
  569-7757

  569-7757
  569-7877

  569-7856

  569-7877
  321-6634
i
-------
       5.  Detoxification Technology Using AWT Biological
          Methods (P/D)
       6.  Mycorrhizae and Host Plant Species as Hazardous
          Waste Detoxification Agents (L)
       7.  Bacteria Capable of Detoxifying Organomercurials (L)
       8.  Evaluation of Commercial Biochemical Preparations for
          Hazardous Waste Detoxification (L)
       9.  Selected Natural Microorganisms for the Detoxification
          of PCB-contaminated Soils (P)
      10.  White Rot Fungus as a Detoxification Agent of
          Halogenated Organic Hazardous Waste in Contaminated
          Soils (P)
      11.  Application Methodology for the In-situ Use of Soil
          Detoxification Microorganisms (L)

   C. MIXED SYSTEMS
       1.  Combined Biological, Chemical, and Physical In-situ
          Treatment Processes (P)
   D. THERMAL DETOXIFICATION
       1.  Mobile/Transportable Incinerator Systems (D)
       2.  Mobile/Transportable Carbon Reactivator Systems (D)
       3.  Molten Glass Technology (D)
       4.  Huber Advanced Electric Reactor (D)
       5.  Circulating Bed Combustion (D)
       6.  Plasma Arc Systems (D)
       7.  Shirco Infrared System (D)

KEY:  (P)  - Pilot
      (L)  — Laboratory
      (D)  — Demonstration
Edward Opatken

John Glaser

John Glaser
John Glaser

John Glaser

John Glaser


John Glaser



Stephen James
James Yezzi
Richard Traver
Harry Freeman
Harry Freeman
Harry Freeman
Harry Freeman
Harry Freeman
569-7855

569-7568

569-7568
569-7568

569-7568

569-7568


569-7568



569-7877
321-6703
321-6677
569-7529
569-7529
569-7529
569-7529
569-7529
          Alternative Technologies Selected for Superfund Remedial Actions to Date

Listed below are the Superfund sites  for  which alternative technologies have been chosen as part
of the remedial action.
HYDRAULIC REMOVAL AND TREATMENT
Region Sit* Name/State
i Nasnua/NH
ll Goose Farm/Nj
il Upari Landfiii/NJ
H PAS Oswego/NY
ill Harvey-KnotKOE
X Ponders Corner/WA
X Tacoma Well 12A/WA
X Western Processmg/WA

Hegion Site Name/State
VI Old Inger/LA
U^ltlm
nnOQW
Soil
Soil
Son
Sou
Soil
Soil
Soil
Sou
LAND
Media
Sludges & Soils
Status
Construction
Design
Design
Design
Design
Design
Design
Design
TREATMENT
Status
Design
Reg. Contact/FTS #
Chet Janowski
223-1943
Don Lyncn
264-8216
Sal Badalamenn
264-1873
Steve MacGregor
2649588
Joe Dugandzic
597 9023
Carol Thompson
399-2709
Pnil Wong
399-7216
Judy Scnwartz
399-2684

Reg. Contact/ FTS #
Bonnie DeVoss
729-9739
HQ Contact/FTS •
Steve Hooper
475*689
Bob Quinn
3822350
John Kmgscott
382 7996
Boo Quinn
382-2350
Lisa Wooason
4753246
Steve Hooper
475*689
Steve Hooper
475*689
Steve Hooocr
475*689

HQ Contact/FTS •
Debby Swicnkow
382-2463
-------
PHYSICAUCHEMICAL/BIOLOGICAL TREATMENT
Ragton
i
it
it
IV
V)
Sit* NanwtState
Keefe Environmental Services/
NH
Sndgeport/NJ
PAS O»wego/NY
Bluff Road/NC
MOTCO/TX
Mwtta
Drums/TanKs
Liquids
Orums/TanKs
OrumsfTanKs
Liquids
Statu*
Completed
Completed/ Design
Completed
Completed
Design
Reg. Contact/ FTS »
Cnet Janowski
223-1943
Ron Barsolino
264-1913
Steve MacGregor
264-9688
Nancy Redgate
257-2643
Don Porter
729-9712
HQ Contact/ FTS »
Steve Hooper
47S6689
Jonn Kingscott
382-7996
BOO Qumn
382-2350
Decoy Swicncow
382-2453
Handy Kaltreiaer
382-2448
INCINERATION
Region
i
II
II
11
II
11
u
IV
IV
V
V
V
V
V
VI
VI
VI
VIII
X

Regtao
X
Sita Nam«/S«ata
Keefe Environmental (otfsitei/
NH
Bog CreeK Farm (onsitei/NJ
Bndgeport loffsuei/NJ
Bridgeport (onsitei/NJ
PAS Oswego (otfsite)/NY
P'lack Farm (off site)/ NJ
Soence Farm (offsitei/Nj
Bluff fload/NC (offsitei
Acme Sullivan Reclaiming
(onsitevil
Berlin 4 Farro lofsitenMl
Byron Jonnson Salvage Yard
loffsiteviu
Cemetery (Offsitei/Ml
Crass Brothers lotfsnexiL
Lasxm/Popiar Oil (otfsitei/OH
Bio-Ecology Systems (ottsne/TX
MOTCO (regionaftfTX
Tnangie Chemical (otfsitei/TX
woodbury Chemical totfsitei/CO
Western Processing (offsitei/WA

Site NameiStat*
Tacoma Well 12A (source)/ WA
Media
Drums/Tanks
Sludges/Soil
Drums/Tanks
Sludges/Oil
Drums/Tanks
Drums/Tanks
Drums/Tanks
Drums (Tanks
Soil
Orums.'Tanks
Drums/Tanks
Drums/Tanks
Drums/Tanks
Drums/Tanks
Drums/Tanks
Liquids
Drums/Tanks
SoiKRuOOle
Drums/Tanks
SOIL
Media
Son
Status
Completed
Design
Design
Design
Completed
Design
Design
Completed
Design
Completed
Design
Design
Design
Completed
Completed
Design
Design
Design
Design
WASHING
Status
Decision
Reg. Cootact/FTS *
Chet Janowski
223-1943
Eric Swartz
2(54-1253
Ron Barsolino
264-1913
Ron Barsolino
264-1913
Steve MacGregor
264-9588
Don Lyncn
264-8216
Don Lyncn
264-8216
Nancy Redgate
257-2643
Paul Bitter
886-4742
Greg Kuima
386-3010
Doug Yeskis
986-9296
rom ^ornas
386-1434
Can Cacice
386-C392
way P'ucinsKi
353*316
Bonnie Devoss
729-9739
Don Porter
729-9712
Don Williams
729-9713
Wait Sanoza
564-1531
Judy Scnwartz
399-2684

Rag. Contact/FTS »
Phil Wong
399-7216
HQ Contact/FTS »
Steve Hooper
475*689
Jonn Kingscott
382-7996
John Kingscott
382-7996
John Kingscott
382-7996
Bod Qumn
382-2350
Ed Barth
382-7998
BoB Qumn
382-2350
DeoOy Swicrx:.v
382-2453
Kitty Taimi
382-2449
Kitty Taimi
382-2449
Kitty laimi
3322449
Kitty raimi
3822449
Kitty Taimi
382-2449
Caroi Lmosay
47S-6704
DeoOie S*ic.-"0w
3822453
Randy Kaitreide'
3822448
Ea 9ann
332-7998
Randy Kaitreiae'
382-2448
Steve Hooper
475-6689

HQ Contact/FTS »
Steve Hooper
475*689
I
-------
ENHANCED VOLATILIZATION
Region
I
V
VI
SIM Name/Slate
McKin (onsite)/ME
Verona Well field (onsite)/MI
Tnangle Chemical (onsitel/TX
Media
Soil
Soil
Soil
STABILIZATION AND
Region
III
ill
ill
IV
VI
Sit* Name/State
Bruin Lagoon/PA
McAdoo Assoc./PA
Tysons Dump/PA
Oavie Landfiii/FL
Bio-Ecology Systems/TX
Media
Sludges
Soil
Soil
Sludges
Statua
Design
Design
Design
SOLIDIFICATION
Statua
Construction
Design
Design
Design
Soil/Sludges Design
Reg. Contact /FTS *
Dave Webster
223-1909
Jack Kratzmeyer
353*449
Don Williams
729-9713
(PRE-LANDFILL)
Reg. Contact/FTS *
Ed Shoner
597-2193
Dom Diguho
597-3435
Joe Dugandzic
597-9023
Jim Orban
257-2643
Bonnie DeVoss
729-9739
HO Contact/ FTS *
Blake Velde
382-7996
Carol Lindsay
475-6704
Ed Barth
382-7998

HO Contact/FTS »
Linda Boomazian
382-7997
Linda Boomazian
382-7997
Lisa Woodson
475-3246
Ed Bartn
382-7998
DeOOy Swicnkow
382-2453
CHEMICAL EXTRACTION FROM SOILS
Region
II
II
Site Name/Slate
Bog Creek Farm fonsitei/NJ
Wide Beach (onsite)/NY
Media
Soils
Soils
Status
Design
Design
Reg. Contact/FTS »
Erie Swanz
264-1253
Joel Singerman
264-9589
HO Contacl/FTS •
John Kmgscott
382-7996
Bob Quinn
382-2350

                           Alternative Technologies at Removal Sites

                The Removal program is using alternative technologies at a number
                of sites. Among these are:
                Site          Location          Technique

                Schaffer     Mmden. WVA     Solvent extraction of PCBs
                Peek Oil     Tampa, FL        Incineration of PCBs in soil

                Lees Farm    Woodville. Wl     Extraction of lead from soil
                                                 and contaminated batteries by
                                                 complexmg with  EDTA and
                                                 recovering lead through elec-
                                                 trolysis (This process is ex-
                                                 pected to produce lead pure
                                                 enough for commercial sale.)

                For more information, contact Steve Dorrler (FTS 340-6740)
A Line on RODS

DATA QUALITY  OBJECTIVES
WORKGROUP
A workgroup was formed in April
    raft guidance on developing
   .pling and  analytical plans
for RI/FSs. The guidance will lay
out an approach for: (1) defining
data  objectives   (decision-
making  for which  data  is  re-
quired) at the very beginning of
the  RI/FS;  (2) determining
criteria and data needed to make
those decisions (how clean  is
clean, boundaries of waste, etc.):
and (3) selecting the appropriate
analytical options and sampling
approaches  that will produce
the  needed  data.  The  DQO
Workgroup  has  completed  a
draft of the stages  related  to
analytical option selection. This
draft  is  being circulated  for
review in Headquarters and the
Regions. A supplemental  draft
will follow in  the spring to pro-
vide more detail on sampling ap-
proach  selection.  The  final
guidance  is  scheduled  for
September  1986. For further in-
formation, call Linda Boornazian
(FTS 382-7997).

NEW SECTION  CHIEF
HSCD has another new section
-------
chief  in  Steve  Smagm. Steve
comes to HSCD  from Super-
fund's  Office  of  Program
Management.  As  chief of the
Planning  and Programs Section
of  the  Remedial  Analysis
Branch,  Steve's  key  respon-
sibilities  will  include  manage-
ment   of  remedial  planning,
forecasting,  and  tracking ac-
tivities, including the SCAP and
the natural resource claims and
response claims programs.

ROD ISSUE ABSTRACTS
NO LONGER REQUIRED

The ROD abstracts prepared for
the National Technical Informa-
tion Service and summaries that
appear in the ROD Update have
proven so useful that, beginning
this  fiscal year,  ROD  issue
abstracts will  no longer be  re-
quired for RODs signed either in
Headquarters or the Regions. If
there  are  special  issues
associated with a particular site
that you would like highlighted.
please feel free to submit short
articles or notes for the ROD Up-
date. Call  Betsy Shaw at FTS
382-3304.
-------
                        SUPERFUND

                      Records  Of Decision

                                    Update
       From: Hazardous Site Control Division
       To: EPA Regional Offices
                                  December 19, 1985
                                        Vol. 1, No. 9
ROD SUMMARIES

NYANZA CHEMICAL SITE,
REGION I,
MASSACHUSETTS
(Approved 9/4/85)

Description:
• The  site  is the location of  a
 former textile dye manufactur-
 ing business. Wastewater and
 chemical sludges were dispos-
 ed of onsite. Ground water and
 stream  sediments  are  con-
 taminated  primarily  with
 organic chemicals and some
 heavy metals.

Decision:
• Excavate sludge deposits and
 sediments; consolidate in on-
 site landfill.
• Cap  historic onsite landfill
• Divert  upstream surface  and
 ground water

Contacts:
• Region: Rich Cavagnero
        FTS 223-1928

• Headquarters: Steve Hooper
              FTS 475-6689
PICILLO FARM,
REGION I,
RHODE ISLAND
(Approved 9/30/85)

Description:
• Illegal dumping of hazardous
  wastes occured onsite in 1977.
  An explosion  and  fire at the
  site brought it to the attention
  of regulatory agencies. Interim
  remedial actions taken include
 excavation and removal of all
 buried drums and land farming
 of  phenol-rich  soils.  Phenol
 and PCBs have been found in
 soils and ground water.

Decision:
• Dispose of contaminated soil
 onsite in a RCRA landfill.
• Close landfill to RCRA  stan-
 dards.
• Monitor ground and surface
 water.

Issues:
• State has petitioned the court
 for reconsideration of the deci-
 sion. State wants to dispose of
 PCB wastes at an offsite TSCA
 approved facility

Contacts:
• Region:  Don Conklm
         FTS 223-1928

• Headquarters: Steve Hooper
              FTS 475-6689
GEMS LANDFILL.
REGION II,
\EVVJERSEY
(Approved 9/27/85)

Description:
• The township landfill has been
 operated by private  contrac-
 tors. Hazardous wastes of all
 varieties were disposed of on-
 site: some  in open trenches
 and others in a pit created by
 onsite sand and gravel excava-
 tion. Ground water, soils, and
 su'face  water are  contamina-
 ted Interim measures includ-
 ed construction of a berm to
 prevent  surface  water  from
  entering  adjacent  deveic
  ment, construction of a *e~<:
  to prevent access to sur'-K
  waters, and  the  rep lac,-'"-•
  of culverts.

Decision:
•Cap landfill;  construct a--
  gas  collection and treat---
  system.
• Construct ground water r  -
  ing  and  treatment   s.
  Discharge treated water
  local sewer  system,  c
  more treatment,  into 3,.--
  water
• Construct surface wate-
  trols.
• Initial phase of remeco
  tions will involve grouna .•. •••
  pumping  and  treatme"'  '
  tween landfill site and -es  •-
  tiai develooment
• Monitor site.
• Account  for  possible  ' . .
  landfill settling in cap :-  .
  and  construction.

Contacts:
• Region: Ed Putnam
        FTS  264-1873

• Headquarters: John Kings-: ••
              FTS 382-79%
HELEN KRAMER LAXDHl I
REGION II,
NEW JERSEY
(Approved 9/27/85)

Description:
• The site was used for sane arc
  gravel extraction. Pits frcrr e<
  traction were  used  to lane'
-------
  hazardous  wastes.  Wastes
  were  also stored in lagoons.
  Leachate from the landfill has
  entered surface water. Ground
  water has been contaminated.
  The air and soil contain con-
  taminants.

Decision:
• Collect  ground  water  and
  leachate through trenching.
• Cap site.
• construct  upgradient  slurry
  wall.
• Dewater lagoons and excavate
  and fill; fence site.
• Implement surface water con-
  trols; collect and treat.
• Monitor effect of actions.

Issues:
• Upgradient slurry wall creates
  changes    in    hydraulic
  pressures, minimizing further
  contamination  of  ground
  water.
• Design and  construction  of
  cap to account for future settl-
  ing.

Contacts:
• Region: Ed Putnam
         FTS 264-1873

• Headquarters: John Kingscott
               FTS 382-7996
 LIPARI LANDFILL,
 REGION II.
 NEW JERSEY
 (Approved 9/30/85)

 Description:
 • A  sand  and gravel  pit  was
  backfilled with  a  variety  of
  hazardous  wastes,  many  of
  them  uncontamed   liquids.
  Ground   water   and   surface
  water have  been contamina-
  ted. Interim measures have in-
  cluded  removal  of   wastes,
  construction of fencing and a
  slurry wall, and  capping.

 Decision:
 • Construct leachate extraction
  system  and injection  wells to
  dewater  and flush  site  in a
  batch mode; flushing system
  will  remove waterborne  con-
  taminants  and substantially
  reduce risks of future release
  to ground water.
• Discharge treated leachate to
  local sewer treatment system
  or, with further treatment, to
  surface water.
• Install  monitoring  wetls  in
  downgradient aquifer.

Issues:
• Effectiveness of  control  of
  contaminants   within   con-
  tained area will be evaluated.
• Future  study of  offsite  con-
  tamination in ground and sur-
  face waters.

Contacts:
• Region: Ron Borsalino
         FTS 264-1913

• Headquarters: John Kingscott
               FTS 382-7996
SAND, GRAVEL AND STONE,
REGION III,
MARYLAND
(Approved 9/30/85)

Description:
• A sand and gravel quarry was
  used as a landfill site for hazar-
  dous wastes. Excavated pits
  often  served as  impound-
  ments  for liquid  wastes. Sur-
  face water, ground water, and
  soils have been contaminated.

Decision:
• Address shallow aquifer con-
  tamination and surface  water
  seeps.
• Defer decisions  on soil con-
  tamination and deep aquifer
  contamination until  comple-
  tion of Phase II RI/FS.
• Excavate  buried  drums and
  buried material; dispose of off-
  site.
• Install ground water collection
  and treatment system onsite;
  discharge treated water into
  surface waters and/or back in-
  to shallow aquifer.
• Level of  treatment in shallow
  aquifer  will  be  determined
  upon completion of Phase II
  RI/FS.

 Contacts:
 • Region: Roy Shrock
          FTS 597-0913

 • Headquarters: Lisa Woodson
                FTS 475^8246
DAVIE LANDFILL
(BROWARD COUNTY]
REGION IV
FLORIDA
(Approved 9/30/85)

Description:
• County operated disposal site
  accepted  residential  wastes
  and industrial septic pump-out
  material, grease trap residues.
  and treated municipal sludges
  Results of sampling indicate
  local industries.were probabiv
  discharging electroplating
  wastes into septic systems

Decision:
• Oewater and stabilize contents
  of sludges, lagoon.
• Place wastes in lined cell cf
  onsite landfill; cap cell.

Issues:
• Stabilization should be evaiua
  ted  before land disposal
• Source  control  remed-a
  measure only; need for grourc
  water measures to  be deter
  mined.

Contacts:
• Region: Jim Orban
          FTS 257-2643

• Headquarters: Ed Barth
               FTS 382-7996

               Debbie
               Swichkow
               FTS 382-2453
f
-------
                                    SUPERFUND RECORDS OF DECISION:
                                                 KEY WORD INDEX
listed below are major key word categories and
their subcategories  for Superfund Records of
Decision |RODs). Opposite each of these categor-
ies are the sites whose ROD contains the  listed
key word. This list includes all RODs approved to
date except those for. the American Creosote, FL
KEYWORDS
I BY CATEGORYl

Primary Hazardous
Substances Detected
Acids
ASSOCIATED ROD SITES
Site, State ;Regionl
Arsenic
Asbestos


Carcinogenic
Compounds

Chromium
Dioxin
Heavy Metals
Charles George, MA (I)', Nyanza Chemical.
MA (I); Western Sand & Gravel, Rl il).
Chemical Control, NJ (II); PAS Oswego. NY
(II); Bruin Lagoon. PA (III).  Oouglassville. PA
(III); Lackawanna Refuse Site, PA (ill). A&F
Matenals-IRM. IL (V); Chem-Dyne-EDD. OH
(V); Highlands Acid Pit, TX (VI), Tar Creek.
OK (VI); Celtor Chemical Works. CA (IX). Str-
ingfellow Acid Pits, CA (IX)', Western Pro-
cessing, WA (X)

Hocomonco Pond. MA (I);  Nyanza Chemical,
MA (I); Chemical Control. NJ (II); D'lmpeno
Property, NJ (II)', Helen Kramer. NJ (II),
Lipan Landfill. NJ (II)'. Love Canal. NY (II).
Sinclair Refinery. NY (II). Spence Farm, NJ
(II); Oouglassville. PA (III). McAdoo-iRM. PA
(III), Moyer Landfill. PA (ill). Davie Landfill FL
(IV), Whitehouse Waste Oil Pits. FL (IV);
Byron/Jonnson Salvage Yard, IL (V), Chem-
Dyne-EDD. OH (V), Morris Arsenic. MN (V),
Milltown. MT (VIII); Milltown-S. MT (VIII),
Celtor Chemical, CA (IX)'  McColl, CA (IX);
Western Processing, WA (X)
New Lyme. OH (V), Mountain ViewiGlobe, AZ
(IX)
Charles George. MA (I), Hocomonco Pond.
MA (I), Taylor Borough PA (III), Reilly Tar.
MN (V)

Hocomonco Pond, MA (I) Nyanza Chemical.
MA (I). O'lmpeno Property  NJ (111.  Lipan
Landfill, NJ (lir, Sinclair Refinery, NY (ll),
Spence Farm NJ (II). Douglassviile, PA (III),
Matthews Electroplating, VA (III). McAdoo-
IRM PA (ill) Davie Landfill f-l (IV).
Whitehouse Waste Oil  Pits FL (IV). Norther-
naire. Ml (V). Schmalz Dump, Wl (V).
Wauconaa Sand & Gravel  IL (V) Del Norte,
CA (IX) Western Processing. WA  (X)'

Love Canal, NY ill). Times Beach, MO (VII)
Charles George MA iir Hocomonco Pond
MA (I), Nyanza Chemical MA d)  Keefe En-
vironmental, NH (I), Re-Solve MA ID
Sylvester. NH (I). Bog Green Farm  NJ  n
Burnt Fly Bog, NJ (II) 0 Impeno Property NJ
(II). GEMS Landfill, NJ iin L'pan Landfill  NJ
(II)'. Lone Pine Landfill  NJ on  PAS Oswego
NY (II); PiiaK Farm NJ |lh Sinclair Refinery,
NJ (II), Enterprise Avenue  PA (ill) Harvey-
Knott. DE (III); McAdoo-lRM  PA illl), Moyer
Landfill. PA (III). Sand. Gravel 4 Stone MD
(III); Wade PA (III). Miami Drum Services FL
(IV); A&F Matenals-IRM. IL (V). A&F
Materials-EDO, IL (V), Byron/Jonnson Salvage
Yard. IL (V). Schmalz Dump Wl (V) Waucon-
da Sand & Gravel. IL (V) Bio-Ecology
Systems.  TX (VI). Highlands Acid  Pit  TX  (VI),
Old Inger, LA (VI)  MOTCO  TX (VI) Tar
Creek, OK (VI). Milltown MT ,VMI)
MilltOwn-S. MT (VIII). Woodbury Chemical
CO (VIII): Celtor Chemical Works  CA ilXi.
Celtor Chemical. CA (IX)'  Jibboom
Junkyard. CA ilX).  Stnngfeiiow Acid PUS IRM.
CA (IX), Stnngfeiiow  Acid Pus CA iixr
Western Processing. WA ,X)  Western Pro-
cessing, WA (X)'
      and Cannon  Engineering/Plymouth,  \LA  (I)
sites. Regional counsels and Superfund  branch
chiefs  have  copies   of all   RODs.  Copies  are
available for purchase by the public from the Na-
tional Technical Information Service and the En-
vironmental Law  Institute.

KEY WORDS        ASSOCIATED ROD SITES
iBV CATEGORY)     Site. Slate (Region!

Inorganics          Hocomonco Pond. MA (I). Nyanza C^e""'ca
                   MA (I),  Sylvester,  NH  (I). Bog Creen = ar~  'o
                   (II); Chemical Control. NJ (II). D lmpe"c =•:
                   perty. NJ (II), Friedman Property  NJ •
                   GEMS Landfill, NJ dl). Helen Krarre' *.-
                   Krysowaty Farm  NJ (II). Love Canai s '
                   Sinclair Refinery.  NY (II), Dougiassv. e  =-
                   (III); Drake Chemical. PA (ill). Harvev * —
                   DE (III); McAdoo-lRM  PA illl). Wade  Pi
                   A&F Matenals-IRM, IL (V). Acme Sc ve",   .
                   (V), Cemetery Dump. Ml (V): Cnem o.~~ 61."
                   OH (V); Reilly Tar. MN (V). Wauconaa 3a- :  ••
                   Gravel.  IL (V), MOTCO, TX (VI). Tar C-?e-  ; -
                   (VI); Ellisville. MO (VII)
Mining Wastes      Tar Creek. OK (VI); Milltown  MT iVi;i  ;•-
                   Chemical Works. CA  (IX)
Oils                McKm.  ME (I)', Bridgeport, NJ ,iii 3---1 - .
                   Bog, NJ (II); Piiak Farm. NJ ill) P"ce LJ-  ••
                   NJ (II);  Bruin Lagoon  PA (III), En'e'2' = -
                   Avenue. PA (III). Miami Drum Services  ;
                   (IV), A&F Materials-IRM. IL |V), Las*"- f- .  .
                   Oil. OH (V); New Lyme. OH iV) Old '•'
                   (V); Outboard Marine Corp  IL Vi  a^ ,  '
                   MN (V), Old Inger. LA (VI), Eihsvine M'~
                   Western Processing, WA iX)

Organics/VOCs      Beacon Heights, CT (I), Charles Ge^ •> ••-
                   (I), Hocomonco Pond. MA (I). Kee'e :
                   vironmental, NH (I), McKin-lRM ME   ••  •
                   za Chemical. MA  (I), Picillo Farm  Ri
                   Sylvester, NH (I). Re-Solve MA (n  ,•,— -
                   Sand & Gravel. Rl (I); Bog  Creek Far- •.
                   (II); Bridgeport NJ (II). Burnt Fly  3cc '•
                   Chemical Control. NJ (III. Q'!mpe"c ~-
                   NJ (II), Friedman  Property. NJ ill)  G£v
                   Landfill, NJ (II). Goose Farm NJ >n  ~- -
                   Kramer NJ (II) Lioari  Landfill NJ  i:  - . •
                   Landfill NJ (II)'  Lone Pme Land?'1:  '..
                   Love Canal, NY (Ml Olean Wen P^e : •. •
                   PAS Oswego.  NY 'III,  Piiak Far^  -^
                   Sirciair Refinery  NY ill), Swooe C
                   Douglassviile  PA (III), Drake Cnen-  -,  --
                   illl) Harvey Knott  DE  (III). McAdoc  =v --
                   dill Moyer Landfill, PA mi). Sand  fj' >••
                   Stone MD (III). Taylor Borougn Pa
                   Tyson s Dump, PA (III). Wade PA  ",  -
                   cayne Aquifer Sites. FL (IV). A4F  Va'v .
                   IRM  IL (V) A&F Materials Comoan. 5: S
                   M Acme Solvents IL (V)  Berlin 4 -*••
                   ,V) 8yron;Johnson Salvage Yarc  u  .
                   Cemetery Dump  Ml iVi Charievoi»  •/  .
                   Charlevoix Ml (V)' Chem-Oyne-eCC ~~  .
                   Eau Claire-IRM Wl (V)  Kummer Lane1
                   (V), Mam St  Wellfield. IN (V) New 8r ;-•  -
                   Interim  Water Treatment. MN (V)  New
                   Brighton-Water Supply System MN  v  -.-/.
                   Lyme. OH (V), Old Mill OH iV) Verona /.-
                   Field-lRM. Ml (V).  Verona Well F.eid  MI .
                   Wauconda Sand & Gravel. IL (V)  Higr a-cs
                   Acid Pit. TX (VI).  MOTCO. TX (VI)  CiC -ge-
                   LA (VI);  South Valley-IRM. NM (VI)  T- 3-,: e
                   Chemical, TX (VI); Aidex-IRM  IA ,Vlli A,c«.
                   IA (VII)'. Ellisville. MO (VII), Woodbury
                   Chemical. CO (VIII); Dei Norte. CA ,ix, vc
                   Coll. CA (IX), Stnngfeiiow Acid Pits iflM C-
                   (IX); Stnngfeiiow  Acid Pits, CA (IX)'  Pc^ae-s
                   Corner-IRM. WA (X). South Tacoma WA x
                   South Tacoma Channel-Well 12A WA x •
                   Western Processing, WA iX). Western P'o
                   cessmg, WA (X)'
-------
KEYWORDS
I BY CATEGORY)


PAHs
PCBs
PCE
Pesticides
Phenols
 Radioactive
 Materials
 Sludge
 Solvents
ASSOCIATED ROD SITES
Site, State. (Region)


Oouglaaaville, PA (III); Taylor Borough. PA
(III); Whlttfiouae Waste Oil Pits. FL (IV);
Lagfcin/Poplv Oil, OH (V); Reilly Tar, MN (V);
W«at«m Processing, WA (X)'
Picrito Firm, Rl  (I): Bridgeport, NJ (II); Burnt
Fly Bog, NJ (II); Chemical Control, NJ (II);
Gooee Farm, NJ (II); Hudson River. NY (II);
Krysowaty Farm, NJ (II); Pijak  Farm. NJ (II);
Sinclair Refinery, NY {II); Swope Oil III); Wide
Beach (II); Oouglassville. PA (III); Harvey-
Knott. DE (III); Lehigh Electric, PA (III); A&F
Matenals-IRM, IL (V); A&F Materials-EDO: II
(V); Acme Solvents. IL (V); Berlin 4 Faro. Ml
(V); Byron/Johnson Salvage Yard,  it (V);
Chem-Oyne-EOD. OH (V); Laskm/Poplar Oil
OH (V); Old Mill. OH (V): Outboard Marine
Corp.. IL (V); SchmalZ Dump. Wl (V): Waucon-
da Sand & Gravel. IL (V), Bio-Ecology
Systems. TX (VI); MOTCO.  TX  (VI), Jibboom
Junkyard. CA (IX); Taoutimu Farm. AS (IX):
Western Processing, WA (X)'
Keefe Environmental. NH (I), PICHIO Farms.
Rl (I); Fiscfier 4 Porter. PA (III). Chanevoix,
Ml (V); Chartevoix. Ml (V)V  Main St Weilfieid.
IN (V); Verona Well Field-iRM. Ml (V). Verona
Well Field. Ml (V)'. San Gabriel/Area I. CA
(IX); Ponders Corner WA (X)'  South  Tacoma
Channel-Well 12A.  WA ixr
Chemical Control, NJ (II).  Krysowaty  Farm,
NJ (II); Lone Pme Landfill  NJ  [in  Love Canal
NY (II); PiiaK  Farm.  NJ  (ii). Oougiassvnie. PA
(Ml); Drake Chemical. PA (ill).  Miami Drum
Services. FL (IV), Chem-Oyne-EOD OH (V).
Old Inger, LA (VI): Aidex-iRM  IA (Vii).
Bhsville.  MO  (VII). Woodoury Chemical. CO
(VIII); Del None. CA |IX). Strmgteilow Acid
Pits-IRM. CA (IX). Stnngfellow Acid Pits. CA
(IX)', Taputimu  Farm. AS (IX).  Western Pro-
cessing, WA |X)

Hocomonco Pond  MA H).  Piciiio Farm fll  d).
Goose Farm. NJ ill); Helen Kramer NJ (II),
Lipari Landfill  NJ (II) Lipan Landfill  NJ ill)'
Love Canal. NY (ID. PtjaK Farn- NJ (in
Sinclair Refinery NY (in Douglassviile PA
(III) Sand. Gravel 4 Stone. MD HID
Whitehouse Waste Oil Pits. FL HV).
LaskiniPoplar Oil. OH  |V): Elhsviiie. MO (VII).
Western  Processing. WA (X)'
Lansdowne Raaiation  PA  (II11 Moyer Land-
fill PA (III)
Bridgeport  NJ ill).  Price Lanafin  NJ  (in.
Swope Oil. NJ (II).  Brum Lagoon  PA illl)
Enterprise Avenue. PA (III) Lackawanna
Refuse Site. PA HID. McAooo  Associates.  PA
(III)'. Oavie Landtm. FL (IV). Berlin &  Farro
Ml (V); Laskin/Poplar Oil OH (V). New Lvme
OH (V); Highlands Acid Pit rx ivn MOTCO,
TX (VI); Old Inger. LA (VI)  Elhsviiie MO (Viii
McColl, CA (IX)
Keefe Environmental. NH ID  McKm  ME HI'
Western Sand & Gravel Rl in  Burnt Fly Bog.
NJ (II), Chemical Control  NJ ill) Krysowaty
Farm. NJ (II), Upari Landfill NJ (II). Lone
Pine Landfill. NJ (II). Spence Farm NJ ill),
Enterprise Avenue. PA inn Lacxawanna
Refuse Site, PA (ill); McAdoo-iRM PA till).
 McAdOO Associates. PA (III)'   Miami Drum
Services, FL (IV), A&F Materials-IBM IL (V).
 Berlin & Farro. Ml  (V), Chanevoix  MI iV).
 Cross Bros..  IL (V); New Brighton-interim
Water Treatment. MN iV). New Bngnton
 Water Supiy System. MN (V)  New Lyme OH
 (V); Old Mill.  OH (V). Verona Well Field.  Ml
 (V)', Bio-Ecology Systems. TX (VI) Old Inger
 LA (VI); Elhsviiie. MO (VII) Taputimu Farm
 AS (IX); Ponders Corner-iHM.  WA ixi.
KEY WORDS         ASSOCIATED ROD SITES
(BY CATEGORYl      Site. State. ,Reg,on)


                     Ponders Corner WA (X)1  South Tacoma MA
                     IX), Western Processing, WA (X)
Synfuels             Western Processing. WA (X)

TCE                 Charles George, MA in. Keefe Environmental
                     NH (I); McKm-IRM  ME (I) Western Sana i
                     Gravel. Rl (I). D'lmoeno Property, NJ  ill)
                     Goose Farm. NJ (II). Olean Wen Field  NY ,n
                     Fischer 4 Porter. PA (ill), Meieva Lanafm ?A
                     (III); Moyer Landfill  PA (III); Taylor Sorouqn
                     PA (III). Acme Solvents. IL (V) Chanevc'« MI
                     (V). Charlevoix.  Ml (V)'  LeHillier/ManKato
                     MN (V).  Main St  Weilfieia. IN iV). New
                     Brighton-interim Water Treatment  MN   <
                     New Brighton-Water Supply System  VN .
                     Verona Well Field -IRM Ml iVD  Vercr-a  ,:*
                     Field  Ml (V)' Sio-Ecoiogy Systems  *•  .
                     San GaCriei/Area i  CA ,IX). South "ac:~^
                     WA(X) South Tacoma Channei-We-  i~  • •-
                     (X)'  Western Processing, WA iX\
Touiene              Charles George. MA d). Bog Green -j'— •..
                     (II), Bridgeport  NJ (in  O'lmpeno P-~ce".  •-
                     (II). Goose Farm NJ ill)' Helen  Krar-e'  •..
                     (II). Lipan Landfill NJ (in. uoan Larc'
                     (II)"  Love Canal NY ill). Sinclair Re1  ---.
                     (II). MCAdOO-IRM PA (III). McAdOO
                     Associates. PA illir Moyer Lana'n   -~
                     Taylor Borough, PA ilin  New L/me  !-
                     Verona  Well Field.  Ml rvr  Tnang.e  -• = -
                     TX (VI)  Elhsviiie. MO iVin Western  ?•-.;*.
                     ing, WA |X)'
                                                                    Contaminated
                                                                    Media

                                                                    Air
                    McKm-IRM. ME (I). Sylvester NH i   3£
                    Landfiii. NJ (in Helen Kramer NJ >
                    Canal. NY ,11).  Heieva Lanafiii  °A
                    Borough, PA HID  Wade PA ,im  as-
                    Farro, Ml (VV. Chem-Oyne-ECD Q"  ,
                    Board Marine  IL (V) Verona Wen c -
                    Ml IV). Mountain ViewiGlooe A2 M
                    Taputimu Farm  AS (IX). Soutn ^acz- .
Ground Water       Beacon Heights. CT ill. Chanes Ge-:-:" ••-
                    il), Hocomonco Pond. MA (I) McKi-  -••• ••
                    d). Nvanza Chemical  MA (I). PICHIO -j  -  •
                    ii) Re-Solve MA ill Sylvester  NH
                    Western Sand 4 Gravel  Rl (I)  3og Z •>-•
                    Parm  NJ 'in 9r'ageoon NJ iiii  B^-~
                    BQQ NJ .u  Chemical Control N^
                    jefo Oroceav  NJ 'in F-'ecman =-:;-
                    ,il'  GEMS ;.and' 'i NJ ill) Goose =*•-  '•
                      h  «s*en K^ame'1  NJ 'Ih K^vsov«a;. -
                    S^  Jl)  L. Zaft u^PQ*!!1  N^ III  '_,Car _J
                    NJ ,'':'  _3"e ='"e Lara'iH  NJ in ; - -.
                    Aeii Fieid NY ,in  PAS Oswego N<
                    Parm  NJ ill) Price Land'iii  NJ 'n 5 •
                    Re'ire^  NY ill) Soence carm  N^
                    OH  NJ iin Bruin  Lagoon PA .IIP
                    'Dcugiassviiie  PA .nn  OraKe C^em : 3   --
                    illli  ='5CPer i Porter  °A illh  ^arvev - -
                    CE  IID. neigva Landfill 3A ilin Mai'"°»-
                    E.ectroc'atmg  VA illl) McAdOO-iPM  --
                     McAdoo Associates, PA iiiif  Move' _j- .
                    PA tin) Sand. Gravel 4 Stone MO .m
                     Tyson s Dump  PA HID Wade PA  n.   ^ •
                     :ayne Aduiter Sites  FL ilV)  Oavie ^r  -
                     PL iiV) Miami Drum Services  CL iv   , i--
                     Spin Site =L (IV). Whitehouse Wasrs :
                     Pus FL ilV). A4F Matenais-iRM  IL "v   i  -
                     Solvents IL (V): Byron/Johnson Saivage • a
                     IL (V).  Charievoix Ml (VI Chanevon  M  ,
                     Chem-Oyne-EDO OH (V) Eau C:aire-PM  .-.
                     iVi;  LeHillier/Mankato MN (V) Mam Si
                     Weilfieid. IN (V)  New Brighton-interim ,'.a-?
                     Treatment.  MN (V), New Bngnton-Wate' S.c
                     ply System, MN  (V),  New Lyme OH v  s,;-
                     thernaire. Ml (V). Old Mill OH iV). Outncar;
                                                                                                                                      I
-------
KEY WORDS
I BY CATEGORY)
  ASSOCIATED ROD SITES
  Site. State, (
KEY WORDS
,8V CATEGORY)
Sediments (Creek;
River Stream]
Sludge
Soil
 Marine Corp.. II (V). ReiMy Tar. MN (V).
 Verona Well Fieid-lRM  Ml (V). Verona Well
 Field,  Ml (V)', Wauconda Sand & Gravel. IL
 (V); Bayou Bontouca. LA (VI). Bio-Ecology
 Systems, TX (VI); Highlands Acid Pit. TX (VI).
 MOTCO, TX (VI); Old Inger LA (VI). South
 Vatley-IRM, NM (VI); Tar Creek. OK (VI).
 Aidex-IRM, IA (VII); Aidex. IA (VII)'.
 Milltown-S, MT (VIII). Celtor Chemical Works.
 CA (IX), Del Norte. CA (IX); McColl, CA (IX).
 San Gabriel/Area I, CA (IX). Strmgfellow  Acid
 Pits-IRM, CA (IX); Strmgfellow Acid Pits. CA
 (IX)'. Ponders Corner-IRM. WA (X), Ponders
 Comer. WA (X)', South Tacoma. WA (X).
 South Tacoma Channel-Well 12A. WA (X)'
 Western  Processing, WA (X), Western Pro-
 cessing. WA (X)'

 Hocomonco Pond, MA (I). Nyanza Chemical
 MA (I), Hudson  River. NY (II). PAS Oswego.
 NY (II); Piiak Farm. NJ ill).  Oouglassviile.  PA
 (III); Sand. Gravel  & Stone, MD (III), Tyson s
 Dump. PA (III). New Lyme  OH (V). Norther-
 naire. Ml (V): Old Mill OH (V).  Outboard
 Marine Corp.. IL (V). Bayou Bonfouca. LA
 (VI); Western Processing,  WA (X)'

 Hocomonco Pond. MA (I), Nyanza Chemical,
 MA (I), Bridgeport. NJ (II), Swope Oil. NJ (II),
 Berlin  & Farro. Ml (V). Bio-Ecology Systems
 TX (VI); Highlands Acid Pit  TX (VI). Old Inger
 LA (VI)

Beacon Heights, CT m Hocomonco Pond.
MA (I): Keefe Environmental NH (I) McKm-
IRM. ME (I), Nyanza Chemical  MA (I), Picillo
Farm Rl  (I). Re-Solve, MA in Western Sand
& Gravel. Rl (I). Bog Creek Farm  NJ ill).
Bridgeport. NJ ill). Burnt Fly Bog. NJ (II).
Chemical Control. NJ ill) 0 Imperio Property.
NJ (II). GEMS Landfill  NJ ill) Goose Farm
NJ (II), Helen Kramer NJ illi Krysowaty
Farm, NJ (II). Lipari Landf'H NJ ill) Lipari
Landfill. NJ (II)'  Lone Pme Landfill. NJ ill)
Love Canal NY  ill). PAS Oswego NY nn  PI-
iak Farm. NJ (ID  Price Landfill NJ ill).
Sinclair Refinery. NY (ID  Spence Farm. NJ
(II). Swope Oil NJ ill). Wide Beach  NY (II).
Bruin Lagoon. PA (III), Dougiassville. PA  (III).
Drake Chemical  PA (III). Harvey-Knott  DE
(III). Enterprise Ave PA (III) Lackawanna
Refuse Site. PA till),  Lansdowne  Radiation,
PA ill!) Lehign Electric  PA illl) McAdoo-IRM
PA din. McAdoo Associates PA (in)'  Mat-
thews  Electroplating. VA (III). Sand Gravel &
Stone  MD (1)1)  Taylor Borougn PA illl),
Tyson s Dump PA (III), Wade  PA illl) Miami
Drum Services. FL (IV). Whitehouse Waste
Oil Pits, FL (IV). A&F  Matenais-iRM IL iV)
A4F Materials-EDO. I L (V)  Acme Solvents IL
(V); Berlin 4 Farro. Ml (V)  Syron/jonnson
Salvage Yard. IL (V). Ceme'erv  Dump  Ml iV)
Chem-Oyne-eDO, OH -.
(II), Harvey-Knott. OE (III), Schmaiz 2 . •
 (V). Old Inger. LA (VI). Tar Creek  c»  •

Lansdowne Radiation PA nil) Old  - .-
(VI)
                    Hudson River NY (ll). Love Canal  -<
                    ,ak Farm  NJ ill) Spence Farm NJ

                    Burnt cly  Bog NJ ill) Love Canal
                    Lansdowne Radiation PA ,ni  yer--
                          M  Ml iV), McColl  CA iixi
                    Re-Soive MA il)  Reilly Tar MN (Vi

                    Love Canal  NY ill). Verona Well F>e'0 -
                    Mi iV)

                    ficiilo  Farm Rl (I). Krysowaty Farr^
                    Fiscner i Porter  PA ill))  San GaDr <*  ~
                    CA ,ixi

                    Hudson River  NY'dl)
                    Fiscner (i Porter  PA (III). A&F Mate"3 s
                    Company-EDO IL .V)  Chem-Dyne-EDC  ;
                    (V)
                    Krysowaty Farm  NJ (II)

                    Wade. PA (III)
                    Friedman Properly  NJ (II), South Tacom
                    Channel-Well 12A WA (X)'  Western P-:
                    cessmg. WA (X)'

                    Outboard Marine Corp . IL (V)
                    Western Sand & Gravel, Rl (I). Tar Green
                    (VI), Dei Norte. CA (IX)

                    Western Sand & Gravel. Rl (I), Wade PA
-------
KEY WORDS
I BY CATECORYl


No Action
Alternative
O&M
PRP

PRP Alternative
Supplemental ROD
Shared Costs

Temporary Remedial
Measure
Other Agencies
COE
000
Water Supply
Alternate Water
Supply
 Community Services
 Einancement
 >inking Water
 Contaminants

 •ire Protection
 nternal Plumbing

 (Vater Rignts

 iile Specific
 rharactemtics

 :iood Plain
 Sround Water Table
 
                    12A WA iX)' Western Processing, WA <

                    Outboard Marine Corp , IL (V)
                    Lansoowne Radiation, PA (III)


                    Western Sand 4 Gravel Rl Mi  Love Canai
                    NY in  PAS Oswego NY  in Aicex IA.V
                    Charles George MA iir PAS Os-vego  v.'
                    MI  McAGoo  Associates PA illl)'  waoe -*
                    MID ReiHv Tar MN iV)  3io-Ecoiogy Svsie'-'-
                    TX ,vii Old mger  LA iVH  Aidex  iA iViir  ;•»•
                    None CA 'ixi
                    Bndgepoa NJ ,li). Enterprise Avenue  DA
                    till) Moyer Landfill PA iim Tyson s Durro
                    PA iih Soutn i"acoma. WA iX). Western s--
                    cessing WA VX\'
                    P'cmo Farm  PI  ii) Drake Chemical PA u.
                    T/sonsDumo PA HID 3io-Ecology Sys;»r-s
                    TX ivn Western Processing. WA tXi'

                    Tyson s Dump PA (III) Berlin  4  Farro Ml  v


                    Picnio Farm  R| il). McColl  CA (IX)
Lipari Landfill  NJ (II)', San GaoneKArea i
CA (IX)

Bridgeport  NJ (II); D'lmoeno Propeny NJ ,ir
Goose Farm  NJ (II), Sinclair Refinery NY  in
Swooe Oil,  NJ ill). South Tacoma. WA tX)
D'lmoeno Property, NJ (II). Goose Farm, NJ
(II) Verona  Well Field-lRM, Ml (V)

Krysowaty  Farm. NJ (II)

-------
KEY WORDS
(BY CATEGORY)

Water Quality
Water Quality
Criteria
Wetlands
Regulations

Testing Pilot
Studies
teachability Tests
TreataDility Studies

Technology
Aeration
Air Stripping
Alternative
Technology
Best Reliable
Technology
Capping
Containment



Dike Stabilization
Dredging


Excavation
ASSOCIATED ROD SITES
Site, State, (Region)

Fischer 4 Porter, PA (III), Outboard Marine
Corp., IL (V); Milltown. MT (VIII): South
Tacoma, WA (X)
Lipari Landfill, NJ (II)', Verona Well Field-
IRM, Ml (V)
PAS Oswego, NY (II)
 Re-Solve, MA (I)
 Old Inger. LA (VI)
McKm. ME (I), Triangle Chem . TX (VI)

Olean Well Field, NY (II), Tyson s Dump. PA
(III); Biscayne Aquifer Sites. FL (IV). Mam St
Wellfield. IN (V), Eau Claire-lRM. Wl (V):
LeHilher/Mankato, MN (V), Verona Well Field-
IRM, Ml (VI: Verona Well Field. Ml (V)'. San
Gabnel/Area 1, CA (IX), Ponders CorneMRM,
WA (X): Ponders Corner. WA (X)'. South
Tacoma. WA (X); South -Tacoma Channel- Well
12A, WA (X)'
Bog Creek Farm, NJ (II); Bridgeport, NJ ill),
Goose Farm, NJ (in, Wide Beach.  NY (II).
MOTCO. TX (VI); Triangle Chemical. TX (VI),
Strmgfellow Acid Pits. CA (IX)'  Western Pro-
cessing. WA (X)'

Reilly Tar.  MN (V). Western Processing. WA
(X)
Beacon  Heights. CT (I). Charles George. MA
(I)'  Hocomonco Pond MA d). Re-Solve. MA
ll). Sylvester NH ii). Bog Creek Farm NJ ill).
D'lmpeno  Property. NJ ill) GEMS Landfill
NJ (III. Goose Farm  NJ illi Helen Cramer.
NJ (II). Lipari LanaHi NJ ill)  PAS Oswego,
NY (II). Sinclair Refinery NY (ID Swope Oil
NJ (II). Douglassville. PA MID. Drake
Chemical.  PA (III). Enterprise Avenue PA (III).
Heieva Landfill PA (III!  Lackawanna Refuse
Site. PA (III). Matthews Electroplating. VA
(Mh McAdoo Associa'es PA diir  Moyer
Landfill  PA III)). Tyson s Dump  PA (III).
Wade. PA  (III). Davie Landfill  FL (IV). White-
house Waste Oil Pits FL ilVi Chem-Dyne-
£00 OH iV) New Lyrr.e  OH (V) Old Inger,
LA (Vh Aidex lA (VIIT Woumam
View/Globe AZ MX)  Soutn Tacoma. WA |X),
A/estern Processing. WA iXl'

Hudson  Rive' NY ill). Lipari  Landfill  NJ III)'
Draxe Chemical PA (II!) New L/me OH (V)
Outboard Marine Corp IL iV) Times Beach
MQ (Vll|
Bruin  Lagoon PA (III) Eiiisviiie  MO iVll)
Hocomonco Pond. MA ih  Hudson River NY
ill) Love Canal. NY (in  Outcoard Marine
Corp . IL (V) Tar Creek OK /VD
Beacon Heights CT (h Mocomonco Pond
MA (I). Bog Creek Farm NJ  (ID  Bridgeport,
NJ (II). Burnt Fly Bog NJ (ID  0 Impeno Pro-
perty  NJ (II). Heien Kramer  NJ ill) Krysowa-
ty Farm  NJ ill) Love Canai  NY (in PAS
Oswego NY di). Pi|ak Far~i  No ill) Sinclair
Refinery. NY (II). Soence Farm NJ ill)  Swope
Oil. NJ (ll). Wide Beach  NY  iin  Douglass-
ville. PA (III) Drake Chemirai  DA iilh Lenigh
Electric. PA (III) McAdoo-iPM  PA lib
McAdoo Associates, PA iinr Sana  Gravei 4
Slone. MD (III). Taylor Bo'Cu
Tyson s Dump  PA (MM  Mia
FL ilV). A&F Matenals-EDC
Solvents. IL (V). Benin 4 c, -j
Byromjohnson Salvage 'L  .
Dump. Ml |V), Chem-Dyne EDO  3n ,vi
Cross Bros  IL (V). Nortnerraire Ml iV) Old
 KEY WORDS
 (BY CATEGORY)
                                               r  PA  in,
                                              i Drum  Se^'i
                                              L '/• Acme
                                              j vi vi
 Filling
Granular Activated
Carbon
                                                                   Ground Water
                                                                   Diversion

                                                                   Ground Water
                                                                   Monitoring
 Ground Water
 Treatment
                                                                   Hydraulic Barner
                                                                   Incineration
Land T'eatment
Leacnate Collection.
Treatment
Levees
Offsite Disposal
  ASSOCIATED ROD SITES
  Site, State. (Region)

 Mill, OH (V); Outboard Marine Corn , IL  vi
 SchmaU Dump, Wl (V); Bayou Bonfouca LA
 (VI), Highlands Acid Pit, TX (VI).  MOTCO. TX
 (VI): Old Inger. LA (VI). Aidex. IA ivnr
 Ellisville. MO (VII). Times Beach. MO iVll)
 Woodbury Chemical, CO (VIII). Ceitor
 Chemical Works.  CA (IX). Ceitor Chemical
 CA (IX)', Del None. CA (IX). jibboom
 Junkyard. CA (IX). McColl. CA (IXi  Pcnders
 Corner, WA (X)'  South Tacoma  WA ,Xi
 South Tacoma Channel-Weil  12A WA «.,•
 Western Processing, WA (X)'

 Lehigh Electric, PA (III). Taylor Borougr  = A
 (III); Wade. PA (III), A&F Materials EDO  _  .
 Tar Creek, OK (VI), Woodbury Chem,ca  ;C
 (VIII)

 New Brighton-Interim Water Treatr-e--"  •.••<
 (V). New Lyme, OH (V), Reilly Tar MN .
 Old Inger. LA (VI). San Gabnei/Area •  ;A
 (IX); Strmgfellow Acid Pits. CA (IX,'
 Bruin tagoon, PA (Hi)


 Beacon Heights. CT (I); Hocomoncc sc- :
 MA (I); McKm. ME (I); Burnt F>y Bog  '..
 Friedman Property, NJ (II), Krysowatv -j--
 NJ (II); PAS Oswego, NY (II). Pnak -ar-  '.-
 (II); Drake Chemical, PA (III), Moyer  _ar  WC"
 iVii Tnangie Chem  TX iVI) Woocc.-.
 Chemical CO (Vllli Western  P^oces^  -
 -Xi

Old Inger  LA (VI)

Beacon Heights CT (I), Charles Gee-;-  •.•-
di'  GEMS Landfill NJ dii  ne'er «,-1--   •
 ID  L'Dari Lanadll  NJ ill)'  Moyer LJ- :    -
 HI) New Lyme. OH iV). Wauconda  5ar ;  s
Gravei. IL (V)
Oouglassville  PA din, Old Inger LA  ,
Keefe. Environmental. NH  (I), McKin  IBM  «,^
(I). McKm  ME (I)', Re-Solve. MA ill  Bu'-' - .
 Bog. NJ (II). Chemical Control NJ dli  0 '-
peno Property. NJ (II), Krysowaty Farm  •.^
(II), Piiak Farm. NJ (in. Spence Farm NJ
 Swope Oil. NJ (II)  Bruin Lagoon  PA ,111.
 Enterprise Avenue. PA (III). Harvey Knot! OE
(III) Lackawanna Refuse Site. PA din  Ler g-
 Electnc. PA (ill), McAdco-lRM. PA .INI
 McAdoo  Associates. PA (iiir Sand Grave-  s
 Stone. MD (III). Taylor Borough PA  Ml
 Miami Drum Services. FL (IV). A&F Mate- ais
 IRM IL (V). A&F Materials-EDO, IL iV)  Ac~e
 Solvents, IL (V), Berlin & Farro, Ml iV)
 Byron/Johnson Salvage Yard. IL (V)
 Cemetery Dump. Ml iV). Chem-Oyne-EDD
 OH (V); Cross Bros , IL (V), Northernaire  Ml
-------
KEY WORDS
i BY CATEGORY!
Onsite Containment
Onsite Disposal
Relocation


Packed Column
Aeration

Plume Management


Publicly Owned
Treatment Works
 POTW)

Slurry Wall
Sour Levees
Stabilization
ASSOCIATED ROD SITES
Site. State, (Region!


(V), Old Mill. OH (V). Outboard Marine Core .
11 (V); Scnmalz Dump. Wl (V). Wauconda
Sand & Gravel, IL IV); Bayou Bonfouca.  LA
(VI); Highlands Acid Pit. TX (VI).  MOTCO Tx
(VI); Triangle Cham .  TX (VI). Aidex-iHM  IA
(VII); Aidex, IA (VII)'.  Ellisville. MO IVII)
WoodBury Chemical. CO ivni). Ceitor
Chemical. WorKs, CA (IX). Cettor Chemical.
CA (IX)'. Dei None, CA (IX). jiBDoom
Junkyard. CA (IX). McColl  CA |IX). String.
fellow Acid Pits-lRM. CA (IX), Ponders Cor-
ner. WA (X)" South Tacoma Channel-Wen
12A. WA (X)'  Western Processing. WA iX).
Western Processing, WA (X)'

Re-Solve, MA (I); Enterprise Avenue  PA  nil).
New Lyme OH (V). Outooard Marine Corp
IL (V), Bio-Ecology Systems. TX  (Vli  Times
Beach MO (VII). Western Processing. WA
(X)'
Hocomonco Pond. MA d). Piano Farm RI d)
Love Canal. NY (II) Drake Chemical PA din
Enterprise Avenue. PA din  Aidex  IA iVIir
Mountain View/Globe  AZ (IX). Western  Pro-
cessing. WA (X)'
Lansdowne Radiation  PA nili Times Seach
MO (VII); Mountain View/Globe  AZ ,ixi

Fischer &  Porter  PA dll)


Price Landfill NJ Jl) Verona wen Feu  IRM
Ml (V)

GEMS Landfill NJ ill)  Heien Krarrer NJ ill)
Lipari Landfill NJ (III'  Dei  Nc"9  CA iXi
Stnngfellow Acid Pits  CA ixr   /Vestern Pro
cessmg. WA ixr
Sylvester  NH m Helen Krame'  *
-------
WALCONDA SAND
.AND GRAVEL,
REGION V,
 U.INOIS
 Approved 9/30/85)

Description:
• A grave! pit was excavated to
  depths up  to  40  feet below
  shallow  aquifer water table.
  43-acre   unpermitted  hazar-
  dous waste  landfill  operated
  onsite from 1950 to 1977. Shal-
  low ground water and surface
  water, in a creek near the site
  boundaries,  have been  con-
  taminated. A deep aquifer re-
  mains contaminated.
 Decision:
 • Prevent leachate from entering
  creek through collection; dis-
  pose of  leachate at offsite fa-
  cility.
 • Fence site; regrade and reveg-
  etate; repair  existing clayey
  loam soil; cap.
 • Conduct further studies to de-
   termine final ground water and
   source remedy

 Contacts:
 • Region: Cindy Nolan
          FTS 886-0400

 • Headquarters: Carol Lindsay
                FTS 475-6704
A LINE ON RODs
RETURN OF THE ROD
WORKSHOP
The  Regional Counsel's ROD
Workgroup is gearing up for two
new  ROD workshops to be held
in February in Washington, D.C.,
and Dallas. Details coming soon.

  EVIEW OF FY'85 RODs
  SCO  is preparing  an  annual
report  on  FY'85  RODs to  be
issued  in January. The review of
RODs involved in this effort has
revealed special  points to be
highlighted  in the ROD  work-
shops  and  in  future guidance.
For the time being, you  should
be aware that all  RODs  should
include:

1  Specific clean-up   levels  for
  contaminated soils and waste
  (using SOCEM  where appro-
  priate);
2. Specific clean-up targets for
  ground  water  (based  on
  health-based criteria);
3. Information on whether and
  how the clean-up is to be
  phased;
4 A description  of the type  of
  cap used;
5. Information on the consisten-
  cy'of the remedy with RCRA
  and  other  environmental
  statutes; and
6. An  evaluation of alternative
  technologies for  each source
  control  measure. (Guidance
  on how to make decisions re-
  garding alternative technolo-
  gies  with the objective  of
  selecting highly reliable reme-
  dies  is  forthcoming.)
7 In addition, a letter from the
  State concurmg  with the re-
  medy must be  included m the
  ROD file.
REVISED HANDBOOK
AVAILABLE
A  revised edition of the ORC
OSWER Handbook on PemeO'j
Action at  Waste Disposal Site.
is  now available. The handbo<>
is   a  central  reference
remedial  action  techniques  •
describes established   i  •
emerging  technologies arc
eludes information on the" •..
plication  and  limitations, it j -
describes  major  design.  -.-
struction. and maintenance - ••
siderations and  includes   ." '
and example cost data. To or :•?'
a copy, call FTS 684-7562  *-••
document number is EPA ^:c.
685/006
-------
                        SUPERFUND
                      Records  Of  Decision
                                    Update
      From: Hazardous Site Control Division
      To: EPA Regional Offices
                                  December 2, 1986

                                       Vol. 2, No. 6
Superfund
Reauthorization
On October 17,  1986, the Presi-
dent   signed  the  Superfund
Amendments and Reauthoriza-
tion Act of 1986 (SARA) into law.
The act codifies the process and
program  established in  the re-
vised National Contingency Plan
(NCP) in November 1985 while
A Line on RODS
ROD Data Base
The  Office of Emergency and
Remedial Response (OERR) and
the  Office  of  Information
Resources Management (OIRM)
have been working together to
enter the  Superfund remedy
selection documents (RODs and
EDDs) into BASIS, an automated
text search and retrieval system
similar to LEXIS, which EPA pur-
adding  some  new  provisions
and statutory emphasis to por-
tions of  the  program.  Most
significant for the remedy selec-
tion process are  the  cleanup
standards provisions in  §121.
This section calls for remedial
actions  that are protective  of
human  health and the environ-
ment, that are  cost effective,
that attain the applicable or rele-
vant  and appropriate  require-
ments of other Federal environ-
mental statutes and more strin-
gent  State  requirements  anc
that  use  permanent  solutions
and treatment technologies  'o
the  maximum  extent  prac
ticable. Progress in developing
implementation guidelines  ».f
the cleanup standards wn ~e
reported in the months to ccr-e
chased last year. At present, all
of the RODs signed from FY'82
through  FY'85  have  been
entered. Plans for institutionaliz-
ing this in-house system—con-
ducting  QA/QC, entering  the
FY'86  decision  documents,
training—are  under  develop-
ment. EPA technical, legal, or
policy staff interested in
ing early users are welcome -
you need is a PC, a modem -o
patch into the National Con-
puter Center at RTP, and a -se'
identification number. To oc:a -
the  latter, and for more gene'a
information, call  Betsy  Sha.v 3'
FTS 382-3304
   FY'86 RECORD OF
    DECISION (ROD)
   SUMMARY TABLE
The  FY'86 Record  of Decision
Summary  Table  provides  an
overview  of  site  problems.
selected  remedies, cleanup
criteria,  and  estimated costs
provided in all RODs signed in
FY'86.  This  table reflects
remedial program accomplish-
ments  in  incorporating alter-
native technologies into source
control remedial actions. Sixty
of the 84 RODs signed in FY'86
address   source   control
remedies. Of these 60 RODs, 27
selected alternative  technolo-
gies (ATs).  Incineration was the
AT most often selected in FY'86
(39 percent), while solidification
was selected 22 percent of me
time. These  two technologies
comprise 61 percent of ail ATs
selected in FY'86. For one site
Fields  Brook,  Ohio, both  ,1-
cineration and solidification
were  selected  as  part of  a
source control remedial  action
                                                                     (Table begins next cage-
-------
FY'86 RECORD OF DECISION SUMMARY TABLE
SITE/ STATE
ROD
Sia. DATE
THREAT/
PROBUM
ESTIMATED
WASTE MAJOR COMPONENTS Of
QUANTITY SELECTED REMEDY
PERFORMANCE
STANDARDS/GOALS
ESTIMATED ANNUAL
CAPITAL COSTS 04M COSTS
REGION 1
Auourn fload
LF NH
1st 0 U
Saira ana
McGuir«. MA
1st 0 U
ndustn-piex
MA
ist 0 U
Kellogg-
Dewing Well
Field CT
ist 0 U
Tmknam
Garage. NH
'st 0 U
: Final Remedy)
Wmtnroo
Landfill ME
!St 0 U
F'»

0 U > Ooeraow Unit
v A = Not aopiicaoit or not avaiaoie
                                                             I
-------
SITE/STATE
ROD
SIQ. DATE
THREAT/
PROBLEM
ESTIMATED
WASTE
QUANTITY
MAJOR COMPONENTS OF
SELECTED REMEDY
PERFORMANCE
STANDARDS/GOALS
ESTIMATED ANNUAL
CAPITAL COSTS 04M COSTS
RESIGN II
Kentucky
Avenue
WttMMd. NY
istO U.
Lang Property,
NJ
1st 0 U.
(Final RemeOy)
Marathon Bat-
tery, NY
1st 0 U
Meuitec/ Aero-
systems, NJ
1st 0 U.
Price IF NJ
2nd 0 U
(Final Remedy)
Rockaway
Borougn Well
Field NJ
1st 0 U
Sharkey IF
NJ
1st 0 U
(Final Remedy)
Syncon Resins
NJ
1st 0 U
vestal well
1-1 SY
1st 0 U
09/30/88
09/29/86
09/30/86
06/30/86
09/29/86
09/29/86
09/29/86
09/29/86
36/27'86
GW contami-
nated with
VOCs, TCE. Ji
cntonnatefl
solvents
VOC 4 Heavy
metal -conta-
minated soils.
GW. SW. &
sediments
SW 4 sediments
contaminated
with cadmium
nicKel, & cooalt
Soils 4 GW con-
taminated witn
TCE, DCE, vinyl
chloride. & cop-
per
GW con-
taminated N/A
with VOCs. in-
organics. 4
TCE
TCE 4 PCE con-
tamination ot GW
Soils 4 GW con-
taminated witn
VOCs TCE in-
organics 4
heavy metals
Soils
sediments 4
GW conta-
minated with
VOCs PCSs
neavy metals, 4
aase-neutral
comoounds
vOC- TCE-con-
tammated GW
N/A
6.500 cy
84,000cy
10.000 cy
4 000 cy
N/A
N/A
N/A
700 cy
2000cy
N/A
Hookup of all private well
users to puoiic water supply
Excavation & oft site disposal
at soils & waste material, GW
pump & treat
Excavation 4 oftsite disposal.
sediment thickening 4
chemical fixation marsh
restoration, revegetation
Excavation, neat treatment. 4
offsite disposal ot soils
Excavation 4 offsite disposal
ot soils
Alt water supply
GW pumping onsite pre-
treatment 4 discharge to a
POTW. site capping
RocKaway Borougn will con-
tinue to operate GW treatment
system
LF capping, GW oump and
treat
Excavation ot iagoon
sediments 4 higniy conta-
minated suOsurface sons with
ortsne disposal
Excavation 4 ortsite oisoosai
ot surface sons GW oumo 4
treat
Air stripping a' wen ' '
N/A
Effluent from GW pump
4 treat will attain SDWA
criteria
Sediments will oe
treated to a 100 mg/kg
estaPiished oacKground
concentration Standards
for total cadmium water
concentrations are 6 6 x
I0"4to 20xlQ-3
mg/l for water nardness
levels of 50 4 200
mg/l. respectively
TCE 4 PCE. 5 ug/l.
cnromium 4 lead. 100
ppm. zinc. 350 ppm.
cooper, 170 ppm for
soils cased an federal
MCLs 4 state criteria
Extraction 4 treatment
until TVO concentration
m GW reaches 10 ppD
or less
Municipal treatment
system designed to
-amove TCE 4 PCE to 5
300
Cap will nave a
aermeapility ot tO~'
cm/sec
Soil removal to acnieve
these levels PCBs 5
apm oase-neutrais
100 ppm TVOs 1 ppm,
ana various eveis tor
ieavy metais
"-eated water win ex-
ceed AHARs
303,000 19 000
2.322,000 612000
16640000 3 530 30C
for /ear •
180 300
'or /ears ; -
127 300
;tor (ears •: .".
7,005 000 ' 79 ;OC
(sanitary LF)
or
11,735000
(RCRA lf\
9 050 ooo •;•:':,
/ears ' -
Q - • -
23.173.000 ;j.
5 600 000 : • - •
389400
REGION III
Army CreeK
LF OE
1st 0 U
BlosensKi LF
PA
1st 0 U
Bruin ugoon
PA
2nd 0 U
• Final Remedy)
09/30/86
09/29/86
09/29/86
GW. SW, sal 4
sediments con-
taminated with
VOCs oenzene
inorganics 4
neavy metais
GW SW 4 soil
contaminated
with VOCs in-
organics.
senzene TCE
PCBs &
pesticides
Sons 4 oedrocK
contaminated
with acidic
siuages 4 neavv
metais loxious
gas 'eiease
1 900 000
cy
N/A
' 7 :GO ;y
Oowngradient GW si^omg
witn monitoring LF caooing
gossioie uogradiem controls
Excavation 4 removal ot
Buneo arums ortsite
disposal ait water suooiv
GW monitoring 4 onsue real-
Ttent capping source -educ
lion program
Stapmzation -neut'aiizanon :t
Siurjge 4 aercnea 'Ouid :one
n-situ treatment ot oecroc*
:aoomg
N 4
flemovai of contaminated
~edia to attain a 10'°
excess cancer nsx
N, A
12 030 000 or 306 :«
12 340 000 388 .:< *- .
wrm uogradient ;-ac>e-' -
controls
11 ooo ooo to :3J ::•: •:
15000000 ,ea-= •• .
(13000000
estimated
fjaseime cost)
2 695 ooo •-. ;::
-------
SITE/STATE
REGION III
Chisman
Creek VA
1st 0 U
Delaware City
PVC. 0£
2na 0 U
Drake. PA
2nd 0 U
industrial
Un«. PA
ist 0 U
lansdowne
Radiation PA
2nd 0 U
Leetown
5esticide WV
'St 0 U
'Fmai Remedy)
Limestone
Road MO
ist 0 U
vtiddietown
Road MO
'51 0 U
'Fmai Remedy)
VMicreek
Dump PA
•5t 0 U
•Final Remedy)
T3yw
Borougn PA
2nd 0 U
(Final Remedy!
ryoouts Cor-
ner 0£
'SI 0 U
'Final Remedy )
westiine Site.
PA
1st 0 U
iFmai Remedy!
REWON IV
A L 'ay lor
KY
1st 0 U
[Final Remedy)
ROD
SIS. DATE

09/30/86
09/30/86
05/13/86
09/29/86
09/22/86
03/31/86
09/30/86
03/J7/86
05/07' 86
03/17/86
03/06/86

07/03/86

06/18/86
THREAT/
PftOBLEM

GW & SW con-
taminated witn
heavy metaB
(nickel): 3
disposal ons
contaminated
with fly asn
GW SW 4 soils
contaminated
with TCE. PVC
EDC. 4 VCM
Soils (surface
and suosurface).
sludges. GW
ouiidmgs. 4
aeons con-
laminated with
organics 4 in-
organics
GW contami-
nated wffn VOCs
4 vinyl chloride
Homes coma-
Timated with
.•admm 4 other
radioactive
materials
Pesticide-con-
laminated soils
4 aeons
•Soils GW SW
4 sediment con-
taminated with
VOCs heavy
metals TCE
PCE 4oase-
neutral com-
oounds
NO mreat
Sons sediment
4 GW contami-
nated with
/OCs ?C8s in-
organics neavy
,-nems PAHs 4
antnaiates
Possibw GW
contamination oy
VOCs & mean
Sods & GW con-
taminand witn
TCE. Benzene
VOCs. 4 inor-
ganics
Soils conta-
minated with
tars containing
pnenois 4 PAHS

Soils 4 SW con-
taminated with
VOCs PCSs.
heavy metais,
PAHS
chlorinated
aromatics 4
omnaiates
ESTIMATED
WASTE MAJOR COMPONENTS OF
QUANTITY SELECTED REMEDX

484 500 cy Capping (2 pits i caooing 4
upgradient GW diversion in
one on
25 000 cy Excavation 4 removal of con-
taminated soils 4 sludges
offside disposal capping. GW
monitoring
N/A -ncineration of ansite
:nemicais aemoinion ana ott-
sits removal of ouiiomgs
tanks 4 aeons oump 4 treat
wastewater lagoons metai
recycling, analysis 4 aossioie
aisposai ot decontamination
metal recyclmgjuid
N/A Alt water supply no 04M
N/A Demolition 4 oftsite disposal
ot two nomes Excavation 4
oftsite disposal ot con-
taminated soils
3 600 cy Excavation consolidation 4
'soin anaerooic owdegraoation ot
cantamirtatM soil Removal 4
otfsrte disposal ot con-
taminated deons
N/A Site grading 4 capping.
monitoring 4 data collection
VA NO Action
N. A Excavation 4 onsite ::nso"Ca
•ion ot soils under a RCRA
cap GW oump 4 treat
N/A Semiannual GW -Monitoring
No action
v A Excavation at waste 4 soils
with onsite consolidation 4
capping GW pump 4 treat
7 1 0 cy Excavation 4 ottsrte incinera-
tion ot tar deposits

N. A Excavation ot soils
sediments 4 siudge witn an-
site containment 4 capping
PERFORMANCE ESTIMATED ANNUAL
STANOAROS/SOALS CAPITAL COSTS OiM COSTS

RCRA Suomie 0 cap 1 2 '•» ' '9 000 506 300 'st
pits) RCRA SuDtine C /ear
cap i ' art) 54 000 /ears
2 30;
Recovery wells win i 904 000 43 :oo
operate until concemra-
•ions of VCM EOC 4
TCE reach 1 ppp. 0 94
000. 4 2 7 000 re-
soectiveiy for rwo con-
secutive sample
analyses
N/A ' 300 000 '< J
N/A 30 800 0
Soils. 5-15 pCi/g. lOOOOOOto 	 ,
•adon-contammated -i 500 000
matenais 0 03 WL
gamma-contaminated
materials 0 17 rem/yr
COT «s man 300 poo '014000 •" ;oc - .
'or treated soils " 50C "--
N A : 192 530 ": :e"-»« -
S/A 0 0
=cgs -o :o- S4HS '2 :cc DOO •= • •-:
i 940 ooo 'CE '0 '9300300 ;e- -•---
300 :nenois 9 3om
ai^ene ' "33 son
N,A o -o ::c
=or GW '00 oco TVO :S estimate J SCC ". '•" . •
'0"' rarcer -ISK 'or 535000000 sen> *c—
:arcmogens PRP estimate
Ji 5 000 000
Soils win oe excavated 744 000 0
'o a '0'' cancer '°sx
evei tor contaminants
oresent onsite

Cap win acnieve a 795 349 M • A
oermeaomry ot ' 0 " '
cm/sec
-------
SITE/STATE
ROD
SIG. DATE
THREAT/
PROBLEM
ESTIMATED
WASTE
OUANTITY
MAJOR COMPONENTS OF
SELECTED REMEDY
PERFORMANCE ESTIMATED ANNUAL
STANOAROS/GOALS CAPITAL COSTS O&M COSTS
REGION IV
Coleman-Evans
FL 1st o u
(Final Remedy)
Oistler
Brickyard. KY
1st 0 U
(Final Remedy)
Distler Farm
KY
1SIO U
(Final Remedy)
Galiaway
Ponds. TN
1st Q U
(Final Remedy)
Hipps Road
LF FL
1st 0 U
(Final Remedy)
Hollmgsworth
Soldeness FL
ist 0 U
(Final Remedy)
Lees Lane LF
KY
2nd 0 U
(Final Remedy)
MowOray En-
gineering AL
'st 0 U
'Fmai Remedy)
Pepper s Steel.
FL
1st 0 U
i Fmai Remedy)
Pioneer Sand.
FL
1st 0 U
(Fmai Remedy)
Sapo Battery
Fl
1st 0 U
(Final Remedy)
09/25/86
08/19/86
08/19/86
09/26/86
09/93/86
04/10/86
09/25/86
09/25/86
03- '2-86
09/25/86
09/26/86
Soils sedi-
ments. SW. 4
GW conta-
minated with
VOCs. PCP.
orgamcs. neavy
metals.
chromium 4
toluene
Sons 4 GW con-
taminated witn
VOCs. TCE.
toluene. Heavy.
metals. 1 in-
organics
Soils 4 GW con-
taminated with
VOCs PCE.
TCE, toluene, in-
organics metals
Pond sediments
contaminated
with pesticides.
norgamcs tox-
aohene 4 chlor-
aane
GW con-
tammated with
VOCs. TCE
metals 4 BTX
fractions
Soils 4 GW con-
taminated with
TCE OCE vinyl
chloride 4
heavy metal
Soil SW 4 GW
contaminated
with VOCs
neavy mstais
inorganics
Swamo sons
:omammated
•vitr PCBs
Sons
sediments 4
GW con-
taminated with
PCBs orgamcs
4 heavy metais
Son 4 pond
waters con-
taminated wiin
sludges neavy
metais VOCs 4
inorganics
Sons GW SW
4 sediments
contaminated
with neavy
metais
9,000 cy
8.000 cy
N/A
t 600 cy
N/A
N/A
212400
tons
4 800 cy
'or a
:.eanup
evel ot
20 ppm)
PCS>1
com ap-
prox
48000 cy
-ead>i 000
oom
2 1 500 cy
arsemoS
opm 9 000
cy (waste
qrys not
additive)
N-A
94 000 cy
soni
20 000 cy
• sediment)
Excavation 4 onsrte incinera-
tion of soils onsite Backfilling
with decontaminated soils
GW recovery 4 treatment
storage 4 analysis ot
recovered GW onsite caroon
adsorption GW treatment
Excavation 4 oftsrte disposal
ot contaminated soils GW
pump 4 treat
Excavation 4 ottsite disposal
ot all contaminated soil GW
oump 4 oftsite treatment at
POTW
Excavation ot sediments on-
site disposal. RCRA Suotitie C
closure
GW oumo 4 treatment at
°OTW RCRA Suotitie 0
closure relocation ot residents
Excavation aeration 4 onsite
reoiacemem ot contaminated
soils GW pump 4 treat
Removal ot exposed drums 4
otlsite disposal capping, gas
collection 4 venting system
possible alt water supply
GW monitoring, Dank
stapmzation institutional con-
trols
Excavation ot PCB-
contammated soils with either
onsite incineration ottsite "*
cmeration or soiioitication/
staoilization ot tne waste
Excavation sondrhcation
staoilization 4 onsite rjisposai
ot sons
Collection i otisite disposal ot
free on
HCRA Suotitie 0 LF closure
leacnate collection treatment
4 onsite disposal SW treat-
ment 4 onsite discnarge
cover system for sludge pond
waste
Excavation solidification 4
onsite aisposai ot con-
taminated soils 4 sediments
GW oumo 4 treat SW treat-
ment indicator
Excavation ot an sons 3.000 300 to
containing PCP in ex- 3 300 000
cess of 10 mg/kg, GW
win oe treated to levels
•hat comply with Ormk-
•ng Water Standards or
Water Quality Criteria
excavation ol all sons to 7 500 000 ore- ' :-o ::; :
Dackground levels. sent worth i ,»•'; •, _'
treatment of GW to u ;-; -
Dackground levels j .:
Soils will ne excavated 1 1 • 33 400 ' . : . .
to Dackground levels 4 ,»r-
GW will be treated to
Dackground levels
Site Closure will meet 344 735 - - -
RCRA Suotitie C re- -.•>:-- - -
quiremems
LF closure will comply 3 900 300 to
with RCRA SuDtitle 0 re- 4 400 000
quirements. GW will oe
treated to meet SDWA
requirements or 10~6
cancer risk
Soil criteria TVO. 1 653 '30
ppm lead 0 5 mg/i
nickel, 1 mg/l, copper
'Q mg/l
GW criteria TCE 3 2
^g/i vinyl chloride. 1
jg/l DCE. 70 ug/i
N/A 2 343 000
Soils wrtn 25 ppm PCBs Onsite mcin ;v
y greater win oe ex- i ' ' 3 M
:avateo ana "eated Otsrte incn - -
' 2 2 0 M
Sono'stao
7 50 OQQ
Excavation o' sons ex- 5 2'2 OOC
:eefl!Rg ' com »C8
' ]00 DDP >ead 4 5
spm arsenic
uF closure under SuOti- 462 025
tie 0 ot FOA 4 Chapter ,-r
!7-7 of the Florida Ad- '- ••
~'mstrative Code
Onsite LF AIII oe ouiit to 14 3'8 544 .- -
F'onda Class i Sanitary
Landfill Standards
C'eanuo criteria tor in-
Oicator chemicals were
set oased on federal 4
state standards 4 nsk-
Sased levels
-------
SITE/STATE
ROD
S*. OATH
THREAT/
PTOttfM
ESTIMATED
WASTE
QUANTITY
MAJOR COMPONENTS OF
SELECTED REMEDY
PERFORMANCE ESTIMATED ANNUAL
STANOAROS/80ALS CAHTAL COSTS 04 M COSTS
REBHMIV
SCRDI/Dixana.
SC
istO.U
(Final Remedy)
09/26/86
SWeon-
UHtiniMd wittt
VQCs. PAHs,
PCBl. PCE. in-
orgyig. 4
pesticides
N/A
GW pump & treat: discharge
toSW
GW will Oe treated to at- 75 1 250 2 '28 300
:am ACL edurvaient to '30-year serioai
10"8 excess cancer nsx
nttlONV
A4F. IL
2nd O.U
(Final Remedy)
Areanum iron.
OH
1st 0 U
(Final Remedy)
Arrowhead
Refinery. MN
1»OU
(Final Remedy)
Burlington
Normem, MN
1st 0 U
(Final Remedy)
Burrows Sani-
tation Ml
1st 0 U
iFinai Remedy)
Byron Jonnson
Salvage Yard, i L
2nd 0 U
Fields STOCK.
OH
1st 0 U
Forest Waste.
Ml
2nd 0 U
Lane Sandy Jo.
IN
istO U
(Final Remedy)
USaiie 8ec-
trie. IL
1st 0 U
08/14/86
09/26/86
09/30/86
06/04/86
9/30/86
09/23/86
9/30/86
06/30/86
9/26/86
08/29/86
GW con-
taminated Wlttl
VOCs. inor-
ganics. ICE. 4
metals
Soils. GW. SW.
4 sediments
contaminated
witn lead, an-
timony. 4
arsenic
GW. soils 4
sediment conta-
minated witn
VOCs. PAHs. &
lead
Soils 3, small
areas of GW
contaminated
witn creosote
wastes including
PAHS onenois.
4 neterocycies
SW sediments
GW 1 soils
contaminated
with neavy
metals & cyanide
GW contami-
nated witn neavy
metais. TCE.
cyanide 4 VOCs
Srook sediments
contaminated
witn VOCs
neavy metals
TCE, PCE. PCBs.
& oase-neutral
compounds
So* 4 sedi-
ments conomi-
nated witn or-
games & neavy
metais
Soils, SW &
sediments con-
taminated witn
PAHS oase-
rteutrai com-
Bounas. 4 neavy
metals
Otfsite soils
contaminated
witn PC8s
N/A
Onsite soils
*itn>500
ppm Mad.
20.000 cy,
Daitery cas-
ing cmos.
3 800 cy,
ottsite sons
not
specified
4600cy
i sludge)
20 500 cy
1 soils 4
sediments)
9,500 cy
250 cy
N/A
36000cy
iBOOOcy
i 000 cy
no 000 gal
2 500 cy
25 530 cy
GW monitonng; installation of
additional monitoring wells.
msffluaonai controls
Excavation 4 ottsite disoosai
at all soils *rtri>500 oom
lead. Excavation 4 onsite
disposal o( ail sons witn jead
Derween oacxgrouna 4 500
oom
Excavation 4 onsite incinera-
tion ot contaminated soils
sediments. 4 sludge GW
pump 4 treat ait water sup-
oty
Excavation 4 onsite aerooic
Breakdown 4 transformation
of contaminated soils 4
sludges, capping
Excavation soiiorfication/fixa-
tion 4 ottsite disposal ot
metal riydroxwe sludges GW
Dump 4 treat
Provision tor ait *ater
supply via nome caroon
treatment units & domed
water
Excavation solidification 4
onsite disposal at contami-
iated sediments
Excavation rtiemai ;rsat-
ment onsite 'esidua! aisoosai
at contammatea sediments
Excavation sonaification i
artiste disposal 3' sons 4
siuages
Removal solidification 4 oft
site disoosai of aqueous
lagoon wastes
Excavation 4 ansite consoli-
dation of contaminated sedi-
ments soil caopmg ait
water suoP'y
Excavation 4 an site -non-
eration of orts/te sons
N/A PRP will aay !or PRP wm ;av v
remedy costs O&M :os:s
OHsite disposal of soils 9 929,000 37 :cc
*itn>500 opm lead
Onsite disoosai of soils
«itn lead oetween
aacKground 4 500 opm
Excavation of oftsite
soils will oe conducted
until aacKground levels
are reacned
Soils 4 sediments will 22.000.000 J3c:;>: -
oe excavated & treated v: "
to acnieve a tO"5 ex-
cess cancer nsx level,
GW treatment will
remove 98 percent ot
VOCs
PossiOle goats are to 582 000 :6 X£
acnieve detoxification ol
soils as defined oy tne
microtox test 4 to
acnieve total PAH 4
oenzene extractaoie
concentrations in me
•rsatment zone less tnan
or equal to concemra-
'.ens present m soils left
in atace
GW cleanup oased on 1 256.700 to ": "•
current lowest regulated 1 335 400
cone tor eacn indicator
cnemical soil cleanup
aased on enoang
assessment
N/A H5500 66^.
Sediments *m 3e sxca- 35 1QO 000
.ated to a '(r* excess
lancer rs» or 'o 50
aom »CBs :r ess
Cleanup eveis wni •• 295 000 :
acnieve an aooroorate
•ngestion rate ot 0 i
3/aay of soil tor a 70 Kg
aourt
sediments witn contami- 4 7*7 000 53 3jC
lants aoove rne lOr* '
excess cancer nsK level
«'» ae excavated 4
consolidated
Excavation 4 mcmera- 26 J00 300 3
tion ot soils witn greater (present *onni
'nan 5 opm PC8s in tne
•irst 12 ncnes ot soil
and greater man 10
Dom ,n sous at deetns
seiow 1 2 (ncnes
-------
SITE/ STATE
Metamora IF
Ml
1st 0 U
New Brighton/
Arden Hills/
St Anmony
MN
4m o u
Novaco inous-
tnes, Ml
15! 0 U
fleilly Tar MN
2na 0 U
Seymour IN
1st 0 U
Spiegeiberg
LF Ml
1st 0 U
REGION VI
Cecil und-
sey AR
1st 0 U
'Final Remedy)
Geneva in-
dustries TX
ist 0 U
Ooessa Chro-
mium 1 TX
ist 0 U
Odessa Chro-
mium H TX
'st 01)
Sikes Disposal
Pit TX
1St 0 U
.F'nai Remedy)
Uniteo Creosot-
,ng TX
'st 0 U
REGION VII
Oes Momes
TCE. 'A
1st 0 U
(Final Remedy)
Blisville. MO
2naO U
REGION VIII
Arsenic
Tnoxifle NO
1stOU
(Final Remedy)
ROD
SIG. DATE
9/30/86
06/30/86 .
06/27/86
05/30/86
9/30/86

09/30/86

05/07 '36
09/18/86
09/08/86
•39/08/36
09/ 18/86
39- 30 36

07/21/86
09/29/86

09/26/86
THREAT/
PROBLEM
GW 4 soil con-
taminated with
VOCs, including
PCE 4 TCE. 4
heavy metals
GW contaminat-
ed witn TCE.
PCE. ii other
organics
Chromium -con-
taminated GW
- Soils 5 GW
contaminated
with PAHs 4
phenols
Son 4 GW
contaminated
with vOCs.
organics heavy
metals toluene
4 Benzene
Sons GW 4
sludges con-
taminated with
paint wastes
consisting of
VOCs 4 case-
neutral
compounds

No significant
threat
Sons 4 GW
contaminated
with VOCs
PAhs FCBs
TCE 4 fuel QMS
GW contaminated
with chromium
4 other heavy
metais
3W contaminated
with cnromium
GW sons 4 SW
rontammatea
with organics 4
3TX ''actions
Sons contami-
nated *Rh
PCP PAHs 4
creosote

GW contaminat-
ed with TCE
PCE & other
organits
Soil contami-
nated with
aoxms heavy
•netals 4 VOCs

GW contaminat-
ed with arsenic
ESTIMATED
WASTE
QUANTITY
18.150 cy
N/A •
36,000 000
gal
N/A
N/A

5 000 cy
10 000 cy

N/A
22 500 cy
N/A
N,A
ISO 000 cy
34 000 cy

N A
N/A

N-A
MAJOR COMPONENTS OF
SELECTED REMEDY
Excavation 4 ottsite incinera-
tion of wastes from areas
1 44
Well construction to provide
an alt water supply
GW pump 4 treat, discharge
to SW
GW pump 4 treat, capping
4 tilling of exposed wastes
discharge ol hazardous waste
to sanitary sewer
Extraction 4 treatment ot GW

Excavation ot waste materials
ottsite incineration ot
nqwd paint sludges.
Ottsite disposal ot solid pain;
sludges

No action wiin site access
restriction & GW monitoring
Excavation 4 ottsite dis-
posal ot contaminated soils
4 drums GW pump 4 treat.
cap
Negotiating agreements with
Odessa City to extend water
supply construct water
distnOution system
Extension of municipal water
service to affected areas
Excavation & onsite incinera-
tion ol siuoges 4 sous onsrte
ash disposal
Excavation 4 onsite consolida-
tion ot soils 'emoorary cao
permanent 'eiocation of six
nousenoios

GW aumo 4 treai discnaroe
to SW
Excavation 4 onsite interim
storage o( dwxin-contammated
soil excavation transport 4
oftsite land disposal ol sous
cnnMinmn nnnrtintm wa<«p

Expansion ot "jrai water sys-
tem construction ot system 4
look-up ot nomes treatment
system construction
PERFORMANCE
STANDARDS/GOALS
The incinerator will
comply with current
RCRA standards
N/A
GW treatment will
achieve federal or state
drinking water criteria
N/A
Water discharge will
conform with POTW
standards
All materials exceeding
a tCH excess cancer
risk will Pe excavated

N/A
Excavation of soils to
'00 ppm PCBs
N/A
N, A
Siuflges 4 sous win oe
excavated to '0 opm
VOAs
Excavation i cisoosai
3' an sons contaminated
aoove '00 2pm PAH

extraction 4 treatment
win continue Linrii
cone in monitonng
wells is 5ug/i or less for
4 consecutive months
N/A

Removal of arsenic to
oackground concentra-
tion ot 0 025 mg/ 1
ESTIMATED ANNUAL
CAPITAL COSTS 04M COSTS
41 500000 \ ~
i 30-year ares-
ent worth i
600 500 12 :2:
56000 4-5 :c: --
Cost esti- :.-=• ?s- -- -.-
mates not -•: • . •
fully developed :e>.ec:e-
744 ooo '".••: ::"
es' ~re ;
15 771 000 to
18 395 000

et ooo •:
14 990 000 - .
247 920 -
476 570
•02 21 7 COO -
Cost estimate
jnoeveiooed

' '96000 -. •
20200000 :4M . <
(estimated •".„:?: -
present worth i es' -•.•':
:osp-.

2 296 000 :;-.'•
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SITE/STATE
Denver
Radium/
HOBCO. CO
2nd OU
Denver Radium
Street Sites.
CO
taou.
UPOy Ground
Water. MT
istOU.
Marshall CO
istO.U.
(Final Remedy)
Smuagw CO
(Final Remedy)
Union Pacific.
WY
iaO U
i Fmai Remedy)
RESHNilX
'ron Mountain
Mine CA
1st 0 U
REGION 1
Oueen City
earms WA
'st 0 U
Toftoani
Drums WA
ist 0 U
'Ftnai Remedy)
united Cnrome.
OB
'st 0 U
! Fmai Remedy)
ROD
SI6. DATE
09/30/86
03/24/86
09/26/86
09/26/86

09/26/86
09/26/86

10/03/86

10/24-85
09/30/86
09/12/86
THREAT/
PWIUM
Sal 4 Puddings
oontwwiated
*fldi ndJum
Asonait contami-
nated Wlttl
radium
Sod &GW con-
taminated Wltfl
wim creosote.
organics. &
inorganics
Onsite GW 4 SW
4 offsrte GW
contaminated
witn VOCi. or-
ganics. neavy
metals. TCE.
PCE. & Benzene
Sod 4GW
contamtnattd
wim cadmium
lead. 4 neavy
m«tais
Soil & GW con-
taminated Wlttl
f"C8s. creosote
organics

SW njnotl trom
iron Mountain
contaminated
with acid mine
drainage (AMOi
consisting ot
stiifunc acid &
neavy metais
Fisn 4 sediment
>n local SW are
also affected

Sons sediments
4 SW contami-
nated with vOCs
cnromium load.
TCE. PC8s. &
aods
No s^rwficam
mrw
GWlsons
contaminated
with cnromium
ESTIMATED
WASTE
QUANTITY
7.000 cy
at sori
200cyot
demoiisned
Duildings
38.500 cy
N/A
N/A

4010000
cy
"00 000 cy

2 5 acres
to se
capped!

12 000 cy
N/A
350 ions
'lor oftsrte
aisoosaii
MAJOR COMPONENTS OF
SELECTED REMEDY
Excavation & oftsite aisoosai
ot contaminated sons &
oeons, or
Excavation 4 temoorary
oftsite storage ot soils or
Excavation, staotiizanon &
onsite consolidation of con-
taminated soils
Leave contaminated material
in oiace. institutional controls
routine maintenance
AH water supciy.
instrtutional controls
Fencing, -egrading, 4
'evegetanon ot site construe-
lion ot oenmeter artcnes to
collect contaminated GW
GW oumo 4 treat
air stripping. GW 4 SW
monrtonng
Excavation capping. GW moni-
toring, ait water suopiy
Contaminant isolation system
consisting ot recnannenng ;ne
nver treatment ot contami-
nated water with a caroon ad-
sorption system slurry wall
GW oumo 4 treat GW
monitoring

Capping of selected cracxed
i> caved ground areas 3am
enlargement

Excavation staomzation i
arfsrie disposal at s.udges
sediments 4 sons ^o
oiacemem
No action GW "xjnitonng :v
me State ot Wasnmgton
Excavation 4 otfsrte aisoosai
ot sons llusnmg ot sons
doove snaitow GW laow GW
surr: 4 treat discnarge to
POTW or SW
PERFORMANCE ESTIMATED ANNUAL
STANDARDS/ GOALS CAPITAL COSTS OiM COSTS
*
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