Unittd State*
             Environmental Protection
             Agency
          Off ice of
          Solid Waste and
          Emergency Response
                         : 9355.0-25
              A *.>
    Requirements for Using Removal Authorities for Speeding
    Up Remedial Projects
EFFECTIYEDATE:

tORfGfN'A"nNGraFFfCEf
              REFERENCClother
                             OSWEK OERR HSCD
  OSWER     OSWER      OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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                            Wasnmgton. DC 20460
           OSWER  Directive Initiation  Request
                                                                    Girectrve Numoer

                                                                    9355.0-25
                                  2. Originator information
Name of Comae Person
Jim VicRery
, Man Ccae
: Office
HSCD
jTeiepnore Caae
       3. Title
             Requirements for Using Removal Authorities for Speeding
            Up Remedial  Projects
      4. Summary of Directive iineuce onel statement of purpose*
            This memo clarifies the points of agreement required  for using removal
            authorities to  speed remedial projects.    States must provide CERCLA
            Section 104(c}(3) assurances for cost-sharing, operaton and maintenance
            and off-site disposal through a signed SSC.
      5. Kayworoi  Superfurti, CEBCLA, SARA
      8. Dots It Supplement Previous Direetrve(s)''
                                         LJ
                                      NO
                                                     Ves   Whit directive (numoer, utie)
Yes   What diractivc (numoer. tWe)
 onn tevei               	
  j  A - Signed by AA/OAA       [ 8 - Signed by Office Director
                                                      C - For Review & Comment
                       I - In Owttopment
            8. Document to be distributed to States by Headquarters?  lAl Y   I   INo
      TW Rout Mta OSWgH Olfeetivaa Syitem Fonnai SUnaara*.
      9. Signature of teto Office Directives Cooroinator

           Betti  C. VanEpps
                                                           i Date

                                                           !   11/21/88
      10. Name ana Tine ai Approving Official

           Henry L. Longest II,  Director,  OERR
     EPA Form 1315-17 (Rev. S-7) Previous eoitions are oosoiete.
   OSWER           OSWER                OSWER               O
VE    DIRECTIVE         DIRECTIVE         DIRECTIVE

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,~ ft4~.

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OSWR DIRECTIVE # 9355.0-25

UNITED STATES EN VIRONMENT AL PROTECTION AGENCY.
WASHINGTON, D.C. 20.60
~111!8
OFFICE OF
SOLID WASTE AND eME"GENCY "ISPONSE
MEMORANDUM
SUBJECT:
Clarification of Requirements for Use of Removal
Authorities for Speeding Up Rem~dial ojects

Henry L. Longest II, Director .
Office of Emerqency and Remedia onse

Pat TObin, Director .'
Waste Management Division .
Region IV
FROM:
TO:
This memo further cl~rifies one of the points of agreement
set out in my memo to you of March 18, 1988, rega~ding Region IV's
proposal to use ERC's contracts for speeding' up remedial projects.
The Office of General Counsel (OGC) has expressed a concern that
the requirement for entering into a state Superfund Contract
(SSC) before implementing a remedy at ~ese sites is not specific'
enough in the March 18 memo.. .

states must provide the CERCLA section 104(c) (3) assurances
for cost-sharing, operation and maintenance (O&M), and off-site
disposal, in the form ofa signed SSC. As usual, the State must
assure payment of 50t of all response costs at publicly operated
sites and lOt of all remedial action costs at privately operated
sites. The SSC must also commit the state to responsibility for
implementing and funding O&M for the remedy. The SSC must.
include a payment schedule for the State's share of the costs, in
cash only, since payment in kind is not permitted for Federal
actions.
Questions should be addressed to Tim Fields in the Emergency
Response...Division (FTS-475-8720) or Paul Nadeau in the.Hazardous
Site Con~.l Division (FTS-382-4632). .
.
'.
Director,
Regions
Director,
Director,
Regions
Director,
Director,
Waste Management Division
I, V, VII, VIII
Emergency and Remedial Response Division, Region II
Hazardous Waste Management Division
III, VI
Toxic and Waste Management Division, Region IX
Hazardous Waste Division; Region X
cc:

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                                              OSWER DIRECTIVE #9355.0-25
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                      WASHINGTON. D.C. 20460
                          MAR 18 J988
                                                      OFFICE OF
                                             SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT:  Region IVs Proposal  to  Use  Removal  Authorities
          for Speeding up  Remedial Project:
FROM:     Henry L. Longest  II, Director
         . Office of Emergency and  Remediq/^Mfeponse

TO:       Pat Tobin, Director
          Waste Management  Division
          Region IV


     This memo contains the points of  agreement  reached in our
February 24, 1938, meeting  on Region IVs  proposal  to use removal
authorities to speed up remedial projects  at  seven  NPL sites.
While the agreement detailed in this memo  was reached in the
context of the specific sites discussed, it can  be  generally
applied by all Regions.  Therefore, I  am also sending a copy to
appropriate Regional Division Directors  for their consideration.

     The principal point of agreement  is the  purpose served in
supporting the Region's initiative.  The purpose as we discussed,
is to get NPL sites cleaned up, doing  so more quickly and at a
lower cost than would be the case  under  a  remedial  project
management approach.  For the seven sites  discussed, it is my
understanding that cleanup  work will be  completed sufficient for
NPL deletion.  Total project costs and duration  are expected to
be less, based on adjustments to selected  remedies  and through
use of removal authorities  and ERGS contracts.

     Specifically, the points below detail our agreement in
relation to the following sites:

          1.  Distler Brickyard, KY
          2.  Distler Farm, KY
          3.  Geiger, SC
          4.  Independent Nail, SC
          5.  Palmetto Wood, SC
         ' 6.  Tower Chemical, FL
          7.  Zellwood, FL

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                            -  2 -
 (A).  All seven sites are NPL sites with money for remedial
design or remedial action provided for  in the FY 1988 SCAP.  No
additional money  is being sought by the Region.  Budgeted FY
1988 money will be redistributed across sites to pay the complete
cleanup costs of  all seven.
          
 (B).  The enforcement moratorium for these sites has expired;
and a ROD has been signed for each.

 (C).  Where more-current information will lead to a significant
change in the selected remedy for a site, the Region will amend
its ROD following the steps outlined in the Draft ROD Guidance
Manual (OSWER Directive 9355.302).

 (D) .  Each site meets both remedial and removal action criteria.
ERGS contracts will be used with all removal requirements being
met, including preparing an action memorandum and obtaining any
necessary exemption waiver.  Remedial dollars/ activity codes,
and account numbers will be used to fund the actions; and the
appropriate audit trail provided by my  office 'will be followed
by the Region.

 (E).  As is the case with all remedial  projects, State cost sharing
is required for these site actions.  The Region will include
assurances for cost sharing in contracts signed with the States '
involved.

 (F).  The Region  will make sure 0 & M responsibilities are clear
and resolved for  ea^h site.

(G).  Once cleanup work under this initiative is completed,
it is expected that the criteria for NPL deletion will be met and
the Region will quickly proceed with a  formal deletion action.

 (H) .  An eighth site, SAPP Battery, FL, also meeting these terms,
with a potential  cleanup cost in the S4 million range will be
done in two stages.  Stage one will stockpile contaminated material
using removal authorities and contracts.  Stage two, solidification,
will be competitively bid due to its multi-million dollar cost..

     In addition  to this agreement, we  are developing a generic
approach to support taking early actions at NPL sites.  The approach
will touch on both Removal and Remedial program policies.  You
soon will be receiving a separate OSWER directives, signed by
the Assistant Administrator, a policy statement on Removal Program
Priorities, and a policy statement on Interim Actions under the
Remedial Program.

cc:  Waste Management Division Directors, Regions I-III, V-X
     Environmental Service Division Directors, Regions I, VI, VIII
     Gene Lucero

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         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     WASHINGTON. D.C. 20460
                          DEC   9
                                                      OFFICE OF
                                             SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT:
FROM:
TO:
Statement of Policy:  Requirements for Using
Removal Authorities for Speeding Up Remedial
Projects  (OSWER Directive 9355,

Henry L. Longest II, Director
Office of Emergency and Remedia

Directors, Waste Management Division, Regions-I,  IV,
   V, VII and VIII
Director, Emergency and Remedial Response Division,
   Region II
Director, Air and Waste Management Division, Region II
Directors, Hazardous Waste Management Division,
   Regions III and VI
Director, Toxic Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
     In accordance with OERR's FY-89 emphasis on  identification
and codification of Superfund policies  through  the use  of  the
OSWER Directives system, this memorandum reissues two previously
distributed documents under the above directive number.  Taken
together, they articulate the policy for utilizing removal
authorities in speeding up remedial projects.   The policy  was
developed as a result of an agreement reached with Region  IV in
March of 1988, and further clarified by an Office of General
Counsel (OGC) opinion transmitted to Region IV  in my memorandum
dated July 11, 1988.

     Questions with respect to the policy should be directed to
Tim Fields in the Emergency Response Division (FTS-475-8720) or
Russ Wyer in the Hazardous Site Control Division  (FTS-382-4632.
Questions with respect to the directives system should  be  referred
to Betti VanEpps, Office of Program Management, Policy  and
Analysis Staff (FTS-475-8864) .

Attachments

cc:  Regional Branch Chiefs
     Walt Kovalick
     Jim Vickery

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