oEPA
              United State*
              Environmental Protection
              Agency
    Off ic« of
    Solid Waste and
    Emergency Response
               DIRECTIVE NUMBER:
               TITLE:
      9355.0-21
Additional Interim Guidance tor FY'87|
 Records of Decision
               APPROVAL DATE:  July 24, 1987
               EFFECTIVE DATE:  Juiy 24, 1987
               ORIGINATING OFFICE:  OERR/HSCD
               SPINAL
               G DRAFT
                STATUS:
         U.S. E.P.A. Region in
        Information Resource Center
               REFERENCE (other documents):
              Supplements 9355.0-19
  OS WER      OS WER      OS WER
VE   DIRECTIVE    DIRECTIVE   Dl

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          UNITED STATES ENVIRONMENTAL PROTECTION AGENCV

                      vV ASHING TON, D.C. 20460
                        JUi.241987
                                                       OFF-OEOF
MEMORANDUM                                    SOLO WASTE 6.va'jM^cE.«ic.- IESPM

SUBJECT:  Additional  Interim Guidance  for FY1 87  Records of
          Decision    J ' £- —

             L, "---  /*•                   '      '
PROM:   .  J. winston  Porter
          Assistant Administrator

TO:       Director, Waste Management Division
           Regions I,  IV, V,  VII, and  VIII
          Director, Air and Wast3 Management  Division
           Region II
          Director, Hazardous Waste Management Division
           Regions £11 and  VI
          Director, Toxics  and Waste Management  Division
           Region IX
          Director, Hazardous Waste Division
           Region X

     There are a large number of Records  of Decision  (RODs)
to be signed by the Regions in the near term.  This interim
guidance memorandum is meant  to assist you with  making and
documenting these decisions.

     Records of Decision in FY'87 are  governed by the current
National Contingency  Plan (NCP) promulgated November  20,  1985
and the Superfund Amendments  and Reauthorization Act  of 1986  (SARA)
This memorandum supplements the "Interim  Guidance on  Superfund
Selection of Remedy"  issued December 24,  1986 which was an
early effort to explain how SARA modifies the processes and
procedures established in the NCP.  Pending revisions  to the
NCP and the guidances on "Remedial Investigations (RI),"
"Feasibility Studies  (FS)," and "Preparation of Decision
.Documents (ROD Guidance)" planned for  next fiscal year,  Regions
should follow this and the  previous guidance memorandum to the
extent practicable.

     In brief,  the remedy selection process consists  of the
collection of data on site  and waste characteristics  and the
analysis of alternative approaches for remediating identified
problems.  The results of the analysis are then assembled to
assist decisionmakers in determining what remedy is most
appropriate for a given site.  The remedy selection occurs in
two steps:  first,  a proposed plan is  issued with the  RI/FS for
public comment; based upon  consideration  of the comments  and any
new information received,  the Agency then makes a final remedy
selection which is explained  in a Record  of Decision.

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                               -2-                     93550-21
    • In  both  the  Proposed  Plan  and  Record  of  Decision  it  is
 important  to  discuss and compare the alternatives  in terms
 of  specific evaluation criteria.  Attachment  #1  lists  some of
 the most important criteria that should be considered  in  this
 analysis.  As  indicated, many of the criteria are  specifically
 mandated by SARA; others derive from the current NCP and  existing
 RI/FS and  ROD  guidances.   Suggested component measures of each
 criteria are  listed, although different measures may be more
 or  less  appropriate for an individual site.

     The evaluation criteria will also be referenced in explaining
 the rationale  for selecting the chosen alternative in the Record
 of  Decision.  The RODs must also make four statutory findings
 about the  selected remedy:

     1.  That the remedy is protective of human health and the
         environment;

     2.  That the remedy attains the legally applicable or
         relevant and appropriate requirements of other Federal
         and State public health or environmental laws, or
         provides the grounds for invoking one of the six waivers
         provided for in SARA;

     3.  That the remedy is cost-effective; and

     4.  That the remedy utilizes permanent solutions and alternating
         treatment technologies or resource recovery technologies
         to the maximum extent  practicable.

Additionally,  the ROD should explain whether or not the remedy
 satisfies the stat'utory preference for remedies which employ
 treatment which permanently and significantly reduces the
toxicity, mobility or volume of hazardous substances as their
principal element.  To promote  consistency in how this documentation
 is organized,  Attachment #2 provides an outline of the various
components of ROD and their suggested sequence.  A more detailed
version of this proposed outline will  be presented in the
aforementioned ROD Guidance due out this fall.

     It is hoped that this guidance will help you focus on the
considerations which are most significant for the preparation of ,
RODs this fiscal year.   Recognizing that some projects are near
completion, you will need to determine the extent to which
these considerations can be incorporated into decision documents
not yet signed on a case by case basis.  Some key remedy selection
issues are still under discussion and  will  be resolved through
the process of finalizing proposed revisions to the NCP.

Attachments

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                         ATTACHMENT $1               9355.0-21


              CRITERIA FOR EVALUATING ALTERNATIVES


     Listed below are the key criteria which should be considered
in evaluating and comparing alternatives.  Those criteria which
relate directly to the factors SARA §121(b)(l)(A - G) mandates
the Agency to assess are marked.  A key listing the associated
statutory factors is provided.  Records of Decision must address
these statutory factors; this can be accomplished by referencing
or footnoting the factors in summarizing the analysis of alter-
natives against the nine criteria below.


1.  Compliance with ARARs

    Alternatives should be assessed as to whether they attain
    legally applicable or relevant arid appropriate requirements
    of other Federal and State environmental and public health
    laws, including, as appropriate:

         0 Contaminant-specific ARARs  (e.g.,  MCLs,  NAAQs)8

         0 Location-specific ARARs (e.g.,  restrictions on
            actions at historic preservation sites)8

         8 Action-specific ARARs (e.g.,  RCRA requirements
            for incineration and closure)8

    SARA provides six waivers for situations where not all
    ARARs can be met in §121(d)(4).  Use of waivers must be
    justified in the ROD.


2.   Reduction of Toxicity,  Mobility or Volume

    The degree to which alternatives employ treatment that
    reduces  toxicity,  mobility,  or volume  should be assessed.
    Factors  that might be relevant include:

         * The treatment processes the remedies  employ and
          materials they will treat;

         0 The amount of hazardous materials  that will be
          destroyed or treated;

         8 The degree of expected reduction in toxicity,  mobility
          or volume;3

         0 The degree to -/hich the treatment  is  irreversible;

         8 The residuals that will remain  following treatment,
          considering the  persistence,  toxicity,  mobility,  and
          propensity to bioaccumulate of  such hazardous substances
          and their constituents.c

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                               -2-                     9355.0-21
 3.   ShTt-Term  Effectiveness

     The  short-term effectiveness of alternatives should be
     assessed considering appropriate factors among the following:

          * Magnitude of reduction of existing risks;

          0 Short-term risks that might be posed to the community,
           workers, or the environment during implementation
           of an alternative including potential threats to human
           health and the environment associated with excavation,
           transportation, and redisposal or containment;D,G

          e Time until full protection is achieved.


4.  Long-term Effectiveness and Permanence

    Alternatives should be assessed for the long-term effectiveness
    and permanence they afford along with the degree of certainty
    that  the remedy will prove successful.  Factors which might be
    considered ares

          0 Magnitude of residual risks  in terms of amounts
           and concentrations of waste remaining following
           implementation of a remedial action,  considering
           the persistence, toxicity,  mobility,  and propensity
           to bioaccumulate of such hazardous substances and
           their constituents;A'B/C,G

          8 Type and degree of long-term management required,
           including monitoring and operation and maintenance;^»^/G

          0 Potential for exposure of human and environmental
           receptors to remaining waste considering the potential
           threat to human health and  the environment associated
           with excavation, transportation,  redisposal,  or contain-
           ment ;D,G

          0 Long-term reliability of the engineering and
           institutional controls,  including uncertainties
           associated with land disposal  of  untreated wastes
           and residua Is;A»&>^/G

          " Potential need for replacement of the remedy.F


5.  Implementability

    The ease or difficulty of implementing the  alternatives
    can be assessed by considering the  following types of
    factors:

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                              -3-                    9355.0-21
         "^Degree of difficulty associated with constructing the
          «technology;

         0 Expected operational reliability of the technologies;

         e Need to coordinate with and obtain necessary approvals
           and permits (e.g., NPDES,  Dredge and Fill Permits
           for off-site actions) from other offices and agencies;

         0 Availability of necessary equipment and specialists;

         ' Available capacity and location of needed treatment,
           storage,  and disposal services.

         0 Need to respond to other sites (§104 actions only).


6.  Cost

    The types of costs that should be assessed include the following:

         0 Capital costs;

         0 Operation and maintenance  costs;E

         0 Costs of five year reviews,  where required;

         * Net present value of captial and 0 & M costs;E

         0 Potential future remedial  action costs.F


7.  Community Acceptance

    Clearly,  a full  assessment of community attitudes  toward
    the alternatives cannot be made until the formal public
    comment  period on the  proposed plan and RI/FS has  been
    held.   Earlier readings of community acceptance of and
    preferences among the  alternatives  will depend  on  the
    degree and type  of community involvement, in a project
    during the RI/FS process.  This assessment should  look at:

          *  Components of  the alternatives  that the community
            supports;

          0  Features of the alternatives about which the community
            has reservations;

          8  Elements of the alternatives which the  community strongly
            opposes.                              .

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                              -4-                    9355.0-21
8.  State Acceptance

    States are joint risk managers with.EPA in the Superfund
    process, often taking the lead for remedial investigations
    and feasibility studies,  sharing costs of the remedial
    actions, and paying for the operation and maintenance of
    the remedies.  Because of close interaction throughout
    remedial projects,  it may not be necessary to address
    State concerns with proposed alternatives as a specific
    evaluation criterion when comparing alternatives.  In some
    cases, however, it  may be appropriate to consider incorporating
    such concerns into  the evaluation with regard to:

         * Components of the  alternatives the State supports;

         0 Features of  the alternatives about which the State
           has reservations;

         0 Elements of  the alternatives under consideration
           that the State strongly opposes.


9.  Overall Protection  of Human  Health  and the Environment

    Following the analysis of remedial  options against individual
    evaluation criteria,  the  alternatives should be assessed
    from the standpoint of whether they provide adequate protection
    of human health and the environment considering the multiple
    criteria.

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                          KEY



               (S*ttoni2l(bXl)(A.G)F,ctors)
-  »•                 associate* *
  tong-term maintenance costs

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                         ATTACHMENT  '2


          .  SUGGESTED OUTLINE FOR  RECORDS OF DECISION-


   I.  DECLARATION

      A.  Site Name and Location

      8.  Statement of Basis and  Purpose (attach  Index to
            Administrative Record)

      C.  Description of the Selected Remedy

      D.  Declarations of consistency with CERCLA as amended by
            SARA and the NCP (attach  letter of State concurrence)



 II.  DECISION SUMMARY

      A.  Site Name, Location and Description

      B.  Site History

      C.  Enforcement History

      D.  Community Relations History

    * E.  Alternatives Evaluation

   ** F.  Selected Remedy (Description and  -ationale for selection)



III.  Responsiveness Summary

      A.  Overview

      B.  Background on Community Involvement

      C.  Summary of Public Comments and Agency Responses

      D.  Explanation of Differences Between  Proposed Plan
           and Selected Remedy (if appropriate)

      E.  Remaining Concerns

      F.  Attachment listing community relations activities
          conducted at the site prior to and  ijring the public
          comment period.
 * Denotes section where analysis  of alternatives against evaluation
   criteria will be documented (See Attachment 42)..
**
   Indicates section where statutory findings will be discussed.

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