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 ------- 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» R«ou»»t M««ta 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 ------- ,~ ft4~. t-' ~L ::7 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: ------- 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 ------- - 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 ------- 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 ------- |