UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
SOLID WASTE AND
EMERGENCY
RESPONSE
OSWER-9200.0-22-1
August 5, 2005
MEMORANDUM
SUBJECT:
FROM:
TO:
Purpose
Re-Emphasize Use and Expand Tracking of the Superfund Reform "Updating
Remedy Decisions"
Michael B. Cook, Director
Office of Superfund Remediation and Technology Innovation (OSRTI)
Superfund National Policy Managers, Regions 1-10
The purpose of this memorandum is to notify you that: 1) EPA Regions should continue to
update remedies when there are supporting data to do so and 2) EPA Headquarters is now
expanding the tracking associated with the Updating Remedy Decisions Reform to include
non-scientific and non-technical remedy changes. Regions should continue to update remedies as
necessary and submit to Headquarters the same information to support non-scientific and
non-technical remedy changes as has been provided to support scientific and technical changes.
Since 1996, EPA Headquarters has encouraged all Regions to update remedies consistent
with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and Agency
guidance by either a Record of Decision (ROD) Amendment, an Explanation of Significant
Differences (ESD), or by a note entered into the Administrative Record file to keep the site remedy
up-to-date by reflecting current science and new technologies that improve cost effectiveness of the
remedy while maintaining protectiveness.' This memorandum does not substantively change that
policy or any other Agency policy concerning Superfund remedy decisions. EPA Headquarters
continues to emphasize that Regions update remedies as necessary and do so in a manner that is
consistent with the NCP and existing Agency guidance.
1 OSWER Directive 9200.0-22 Superfund Reforms: Updating Remedy Decisions, dated
September 27, 1996
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Since 1996, the Agency has focused on remedy updates that were based on additional
scientific or technical data. This memorandum announces to all Regions that the Agency will
expand tracking of the reform to include non-scientific or non-technical remedy changes.
The Agency is also currently developing other remedy initiatives, some of which may
necessitate remedy updates. These initiatives, which are described below, will be coordinated by
the Agency and will be tracked as part of this reform.
Finally, this memorandum is part of a broader effort to improve the workings of the
program, known as Superfimd's Cost Management Measures. The purpose of Cost Management
Measures is to provide increased attention to the management of the Superfiind program and its
resources. The Agency plans to provide regular updates on these Cost Management Measures.
Background
Since it was first announced on October 5, 1995, the Updating Remedy Decisions reform
initiative has had many positive results at Superfund sites across the country. This reform has been
responsible for substantial cost savings to EPA, States, other Federal agencies, potentially
responsible parties (PRPs), and affected communities.
The original guidance document, which introduced the reform initiative, was signed on
September 27, 1996 (OSWER Directive #9200.0-22). The intent of the original reform was "to
bring past decisions in line with the current state of knowledge with respect to remediation science
and technology, and by doing so, improve the cost effectiveness of site remediation while ensuring
reliable short and long-term protection of human health and the environment." EPA has found that
when additional site information is collected either during remedy design or after remedies have
been constructed, there is an enhancement of the overall remedy effectiveness and cost effectiveness
without compromising protectiveness or other objectives of the Superfund program.
To date, EPA has updated over 500 remedies, most generating estimated cost savings;
however, some updates have resulted in estimated cost increases. The amount of total estimated
cost savings from remedy updates completed from FY96 to FY03 exceeds $1.8 billion. The amount
of total estimated cost increases over the same time period is approximately $485 million.
For the 72 remedy updates completed during FY04, EPA's preliminary analysis indicates
that some remedy updates have resulted in estimated cost savings in excess of $100 million, while
other remedy updates have resulted in estimated cost increases in excess of $60 million.
Site information on each remedy update completed from FY96 to FY03 is contained on
EPA's reform web-site (see http://www.epa.gov/ superrund/programs/reforms/remedy/index.htm).
The next scheduled summary report will be for remedy updates completed during FY04 and FY05.
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Re-emphasize Use
When updating a SuperfUnd remedy to keep it up-to-date with advancements in science or
technologies, it may be necessary to modify the ROD, consistent with the NCP and Agency
guidance. The Agency encourages the use of remedy updates, as appropriate, in site remediation,
especially at sites which involve greater complexity and cost. The remedy updates reform progress
is summarized in several reports, which are provided at the end of this memorandum.
Expanded Tracking
Since 1996, EPA has been tracking remedy updates that are based primarily on science and
technology. Although most remedy updates involve the use of new data or science, EPA has
approved other remedy updates based on non-technical information, such as a modification of State
Applicable and Relevant and Appropriate Requirements (ARARs) or a change of land use. EPA
now intends to track these non-scientific or non-technical remedy changes as part of the Updating
Remedy Decisions reform. There are no additional data requirements associated with the expanded
tracking.
Coordination With Other Initiatives
In this memorandum, EPA continues to coordinate the Updating Remedy Decisions reform
initiative with other remedy progress initiatives, such as those involving post-construction
optimization and institutional control (1C) implementation. EPA anticipates that a number of
remedies may need to be modified after either an optimization analysis of the existing remedy or as
part of 1C implementation.
Accessing Existing Documentation
As stated in the 1996 memorandum, "the success of the remedy update reform depends on
how well remedy updates are communicated among all Regional and Headquarters offices." To
date, EPA has produced progress reports on the remedy update reform every two years and one
cumulative report over the first four years of the reform (see web-site http://www.epa.gov/
superfund/programs/reforms/remedy/index. htm).
The following documents are currently on the EPA reform web-site:
1) For remedy updates completed in FY96 and FY97, see
http://www.epa.gov/oerrpage/superfund/programs/reforms/docs/urd96-97.pdf
2) For remedy updates completed in FY98 and FY99, see
http://www.epa.gov/oerrpage/superfund/programs/reforms/docs/urd98-99.pdf
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3) For remedy updates completed cumulatively from FY96 through FY99, see
http://www.epa.gov/superfund/programs/reforms/docs/urd96-99.pdf
4) For remedy updates completed in FYOO and FYO1, see
http://www.epa.gov/superfund/progr ams/reforms/docs/rem_report.pdf
5) For remedy updates completed in FY02 and FY03, see
http://www.epa.gov/superfund/programs/reforms/docs/urd02-03.pdf
As stated in the original 1996 reform document, "this initiative does not signal any changes
in the Agency policies regarding site cleanup, including policies based on the Superfund statute
regarding remedy selection, treatment of principal threats, preference for permanence, establishment
of cleanup levels, waiver of such cleanup levels, or the degree to which remedies must protect
human health and the environment. It is instead an effort to promote the use of the best science and
most appropriate technologies at Superfund sites." This memorandum will also track non-scientific
and non-technical remedy changes as well.
General questions about remedy updates should be referred to the Call Center at 1-800-424-
9346. The subject matter specialist for this document is Matthew Charsky of OSRTI whose phone
number is 703-603-8777 and email address is charsky.matthew@epa.gov.
cc: OSRTI Managers
Debbie Dietrich, OEM
Jim Woolford, FFRRO
Matt Hale, OSW
Linda Garczynski, OBCR
Susan Bromm, OSRE
Dave Kling, FFEO
Scott A. Sherman, OGC
Ed Chu, Land Revitalization Staff, OSWER
Eric Steinhaus, Superfund Lead Region Coordinator, US EPA Region 8
NARPM Co-Chairs
Joanna Gibson, OSRTI Documents Coordinator
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