UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MEMORANDUM
APR " 4 i99T
OSWER Directive # 9345.1-25
OFFICE OF
SOLID HASTB AND EMERGENCY
RESPONSE
SUBJECT:
FROM:
TO:
Revision to OSWER NPL Policy "The Revised Hazard Ranking System: Evaluating
Sites After Waste Removals" Publication No. 9345.1-03FS, October 1991.
Stephen D. Luftig, DirectoP^^ Jfl
Office of Emergency and Remedial Response "
Director, Office of Site Remediation and Restoration
Region I
Director, Emergency and Remedial Response Division
Region II
Director, Hazardous Waste Management Division
Regions III, EX
Director, Waste Management Division
Region IV
Director, Superfiind Division-
Regions V, VI, VII
Assistant Regional Administrator,
Office of Ecosystems Protection and Remediation
Region VIE
Director, Environmental Cleanup Office
Region X -
Purpose*
The purpose of mis memorandum is to provide greater .flexibility to the current National
Priorities Listing (NPL) policy for evaluating the impact of completed removals on the Hazard
Ranking System (MRS) score (Publication No. 934S.1-03FS, October 1991). Flexibility is
accomplished by allowing post-Site Inspection ("post-Si") completed removals to be considered
in HRS scoring.
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Bacq,oUDd:
The October 1991 NPL policy "J'he Revised Hazard Ranking System: Evaluating Sites
After Waste Removals" (Publication No. 9345.l-03FS) established tbree requiremeatl for
considering removal actions when scoring a site using the HRS. Fin~ all the waste subject to
the removal mUst be physically removed from the site. Second, the removal action must have
. occurr,ea:pnb; to:iheSI; (55FR 51567, December 14, 1990). Th~ all waste removed must be
." ',.". ~ f\ (~.., .
dispOsed br destroyed at a facility permitted under the Resource Conservation and Recovery Act,
Toxics Substances Control Act, or by the Nuclear Regulatory Commission.
Objective:
Based on experiences in applying the current NPL policy, the Agency recognizes that
some post-SI removal actions can substantially address the threat to human health and
environment and should be considered up to the time ofNPL listing. Therefore, as a means of
encouraging early response actions. especially by private parties, when setting priorities for the
NPL, EP A can now consider certain types of post-SI removal completions (removals completed
any time before the site is proposed to the NPL) in preparing HRS scoring packages.
Additionally, this post-SI consideration hereon modifies the second of three requirements cited in
the October 1991 NPL policy.
Implemention:
~
This consideration only applies where the Region has documentation (e.g. ose Removal
Site File containing responsible party work plans, sampling data, closeout assessment) that
clearly demonstrates there is no remaining release or potential for a release that could cause
adverse environmental or human health impacts (e.g., all releases have been dealt with such that
hazardous substances are not present at.potentially barmfullevels). Otherwise,.the removed
waste should be counted in the HRS waste quantity value calculation. If the site's HRS score
drops below 28.5 as a result of these changes, and if all cost recovery activities have been
addressed (a decision not to cost recover bas been completed or final payment of outstanding
oversight or response costs bas been received, etc.), the Region can proceed with archiving the
site &om the Comprehensive Environmental Response, Compensation and Liability Information
System (CERCLIS). The attached'PO.ft~_ll1SJMctloll R~1fIIIWII Sia EJuurrpk is provided to
assist you in implementing this new reform. .
. .
Ill' S1.lmmuy, the Agency believes that this reform would reduce EP A and private sector
legal/transaction costs associated with the listing and subsequent deletion. process. Most
importantly, this reform better reflects the Agency's 'priorities for listing only those sites
adversely im}.Jacting hUman health and the environment. .
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If you have any questions regarding this refo~ please contact Tim Gill~ Office of
Emergency and Remedial Response~ at (703) 603-8856.
This reform is not a rule~ and does not create any legal obligations.' The extent to which
EP A applies this policy will depend on the facts of each case.
CC:
~
EPA HQ OSWER/IO
OSPS/Brownfields
OERRIIO
OERR Center Directors
OSWIIO
OGCIIO
OSRElIO
OFFROIIO
OFFF1IO
EP A Regional Removal Managers
EP A Regional NPL Chiefs
EP A Regional NPL Coordinators
EP A Regional Cost Recovery Mangers.
EP A Regional Counsel
Association of State Terroritorial Solid Waste Officials I Kris Hoellen
"
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Po.-sa llUpfttioll RnuWll SiU ~
To illustrate the implementation of this policy, consider a CERCUS site that is a C2n«Ji~te for
the NPL because of the threat it poses to ground water. The site consists of leaking transformers and
soils contaminated with polychlorinated biphenyls (PCBs) in a 5,000 square foot area a1 a fonner
storage facility. Targets include more than 3,000 people who receive drinking water from ground
water wells within lh to 1 mile of the site.
In 1989, EPA conducted a Site Inspection (SI) a1 the facility to gather the data necessary to
prepare an HRS documentation record. Preliminary evaluatioDS by EP A indicate dw the site will score
greater than 28.50 on the HRS based on the threat to ground water alone. Although no release to
ground water was discovered, the potemial for a release to the local drinking water aquifer is high and
many people near the site use this aquifer.
In 1993, the PRP drained fluids containing PCBs from the traDsformers and hauled away the
transformers and PCB-containing .fluids to an approved disposaJ facility. The soil was excavated to a
depth of approximately 8 feet and around 1500 drums of pcB-conr.:aminated soil were taken to an
approved facility for the disposal of PCBs. Post-removal soil sampling revealed no PCBs. Curle.
data show no PCB COPt2mil12.tion in downgradiem drinking water and monitoring wells within Ih mile .
of the site.
After the removal was completed, EPA developed a revised HRS SCO~. Under EPA's origina&
policy, the HRS score would still be greater than 28.50 because the response action occurred after the
_SI. Under this revised policy, the site score would be reduced to 0 because the Hazardous Waste
. Quantity value became 0 once all hazardous waste sources were physically removed from the site and
disposed of at an appropriately permitted facility. The nondetection of PCBs during a resampling of
the ground water monitoring well and drinking water wells within Ih mile downgradiem of the site
ensured EPA that the PRP's response action removed a suffiCient quantity of PCBs to resuict funher
contaminant migration. EPA began the procedures to archive the site from CERCUS.
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