United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
SEPA
DIRECTIVE NUMBER: 9330.2-3
TITLE: Guidance on Procedures for Planning and Supple-
menting Off-Site Response Actions
APPROVAL DATE: i-n-86
EFFECTIVE DATE: 1-17-86
ORIGINATING OFFICE: OERR
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
rE DIRECTIVE DIRECTIVE
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©EPA
Washington. DC 20460
OSWER Directive Initiation Reauest
Originator Information
Name of Contact Person
Cheryl Hawkins
Lead Office
O OEHR
LJ osw
D OUST .
D OWPE
D AA-OSWER
Mail Code
m-&t
Approvec
Interim Directive Number
9330.2-3
Te'ep*0neNumbe382-5fi50
for Review
Signature of Office Director
•
Date
Guidance' on Procedures for Planning and Supplementing Off-Site Response Actions
Summary of Directive
Guidance provides follow-up to the Off-Site Disposal Policy "Procedures for
Planning and Implementing Off-Site Response Actions," signed by Jack McGraw
on May 6, 1985. Explains actions OSWER has or will take to implement this
policy.
Type of Directive (Manual. Policy Directive. Announcement, etc.) Status
Policy Directive " U Draft KNOW
0$ Final 1 — 1 Revision
Does this Directive Supersede Previous Directive(s)? (__j Yes ( | No Does It Supplement Previous Oirective(s)? ( j Yes ( j No
"'^esP^^^uif>0f'^^°^^^u^^'^^ementTr\g Off-Site Response Actions (to be numbered
OSWER Directive Number 9330.2-1)
eview Plan
O AA-OSWER D OUST
D OERR O OWPS
1 — 1 OSW 1 — 1 Regions
D OECM D Other (Specify!
D OGC
[ j OPPS
This Request Meets OSW8R Directives System Format
Signature of Lead Office Directives Officer
Signature of OS^fl/ER Directives/'ifficer
Date
Date
EPA Form 1315-17(10-85)
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. Z0460
JAN I 7 1986
OFFICE OF
SOLID WASTE ANO EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: CERCLA Funding of State Oversight of Potentially
Responsible /Barties/ (PRPs)
' ' I / •' * y( '/
FROM: J^-Winston ydrter'"^^-
Assistant Administrator
TO: Regional Administrators
Regions I-X
This memorandum sets forth the policy and procedure for "
providing funds to States to support certain enforcement-related
activities in addition to State-conducted remedial investigations
and feasibility studies. These activities are: (1) oversight of
RI/FS and remedial designs prepared by potentially responsible
parties at State-lead enforcement sites; and (2) management assis-
tance for RI/FS and RD conducted by PRPs at EPA-lead enforcement
sites.
In response to specific requests for such funding, we have
drafted the attached guidance. This guidance explains the conditions
to be met and tasks to be funded for the two activities mentioned
above. However, State funding for work related to Federal facility
sites (management assistance and oversight) will currently not
be allowed. There are key issues to be resolved in defining EPA
and State roles in remedial work conducted by Federal Agencies
at Federal facility sites. As we resolve these issues, funding
guidance may be developed in the future.
In a related matter, we are currently formulating additional
guidance for funding States for other types of enforcement activities
as well as those outlined in the attached guidance (e.g. oversight
of PRP remedial construction, negotiation and litigation). When
the specific conditions and tasks and funding levels are determined,
this guidance will be expanded and issued as a draft addendum to
the manual State Participation in the Superfund Remedial Program.
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-2-
A draft of this guidance was distributed for comment to the
Regions/ State associations and Headquarters offices on July 15,
1985. A summary of the comments and our responses is attached for
your review..
Due to the current "slowdown" of the CERCLA program, there
is currently no money available in the enforcement budget to fund
these oversight and management assistance activities. In the
event CERCLA reauthorization occurs and monies are provided in
the b'udget, there may be funds available later in the fiscal year.
When monies become available, the concurrence of the CERCLA
Enforcement Division Director in the Office of Waste Programs
Enforcement must be obtained and the enforcement Superfund
Comprehensive Accomplishments Plan formally amended.
Since funding of State enforcement activities is a new
venture for the CERCLA program. Regional enforcement and program
staff should work closely together on its implementation. I
also encourage close coordination with your Regional Coordinator
in the CERCLA Enforcement Division in OWPE and Hazardous Site
Control Division in OERR. I would like drafts of new cooperative;
agreements or amendments submitted for review to the appropriate
Regional Coordinator in the Compliance Branch in CED. This
review is necessary to ensure that implementation of these new
funding activities is nationally consistent, and that distribution
of monies available in the future is made in an equitable
manner.
If you have any questions on the guidance, you may contact
Tony Diecidue, Office of Waste Programs Enforcement (WH-527), U.S.
Environmental Protection Agency, 401 M. Street, S.W., Washington,
D.C., or telephone him at Area Code 202/FTS 382-4841.
Attachments
cc: Directors, Waste Management Divisions, Regions I,IV,V,VII,VIII
Director, Emergency and Remedial Response Division, Region II
Director, Hazardous Waste Management Division, Region III
Directors, Air and Waste Management Division, Regions II,VI
Director, Toxics & Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
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