UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                             WASHINGTON.,- D.C.  20460	
                           JUL 25(997
                                                            •  OFFICE OF
                                                        SOLID WASTE AND EMERGENCY
                                                              RESPONSE
 MEMORANDUM
 SUBJECT:
Coordinating with  the States  on National
Priorities List Decisions,--  Issue  Resolution
Process
 FROM: '
 TO:
 PURPOSE
.Timothy Fields', Jr.,yActing Assistant  Administrator
Office of Solid Waste and Emergency Response

Regional Administrators
Regions I - X
      The.purpose of this memorandum is to describe the process
 that  will  be  employed in cases where a Regional Office of the
 U.S.  Environmental Protection Agency (EPA)  recommends proposing
 or placing a  site on the National Priorities List (NPL), but the
 State or Tribe  (hereafter referred to as "State") opposes listing
 the site.
BACKGROUND

     The Department  of  Veterans Affairs  and Housing and Urban '
Development, and  Independent Agencies  Appropriations Act, Fiscal
Year 1996,  included a  requirement  that  EPA must receive a
written request from the Governor of the State in order for the
Agency to propose to place a site on the.NPL,  or to place a site
on the NPL. However, the Department of Veterans Affairs and

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 Housing and Ur.baii Development, and Independent Agencies
 Appropriations Act, Fiscal Year 1997, Public Law 104-204, did not
 contain such a requirement.  On November 14, 1996, the Office of
 Solid Waste and Emergency Response (OSWER) issued a memorandum
.- entitled, "Coordinating with the States on National Priorities
 List Decisions".  According to that memorandum, an EPA Regional
 Office requests the position of the State on a site that the
 Region is considering for NPL listing.   The Regional
 Administrator directs a written inquiry to the governor, with a
 copy to the State commissioner.   For some 'sites, a .State may not
 agree that EPA should proceed with NPL listing.  The purpose of
 this memorandum is to outline the process that will be employed
 when the State does not agree that a site should be listed,  but
 .the Region believes it has sufficient reasons to proceed with the
 NPL listing .process.

 IMPLEMENTATION

      EPA Regional^ Offices have been seeking the position of  the
 States on sites that the Region  is considering for NPL listing.
 In some cases,  the State may not agree  that EPA should pursue NPL
 listing,  but the  Region believes it  has sufficient reasons to
 proceed.

      In these  cases, the Region  should  work closely with the
 State to  try to resolve the issue .before raising it to EPA
 Headquarters.   The Region should take into account past,  ongoing
 and planned  response actions  by  the State.

      If the  Region determines that the  issue  cannot be resolved
 at the  Regional level,  the  Regional Superfund Division Director
 should  inform  the  Director  of the  State,  Tribal and Site
 Identification Center (ST/SI)  of the  Office of Emergency and
 Remedial Response  (OERR)  and/or  the appropriate ST/SI  Regional
 Coordinator.   OERR should then brief  the Assistant Administrator
 (AA)  for Solid Waste and Emergency Response.   The  State should
 have the opportunity to present  its position  in writing.   The
 OSWER AA will  then decide whether  to  pursue NPL listing.   A  case
 could arise where  the  Region  notifies the State in writing of its
 desire  to proceed  with listing a site and provides an  appropriate
 deadline for a  response,  but  the State  does not respond.   In such
 a  case, EPA may proceed with  the NPL  listing  process.

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 CONCLUSION

      The  EPA Regional Offices have been working closely with the
 States  to ensure  that sites  are evaluated  and that  response
 actions,  if  warranted,  are taken as quickly  as possible.    EPA
 will  continue to  work with the States to assess sites  and.to '
 prepare and  submit .HRS packages for those  sites that are  the
 highest priority  for  listing on the NPL.   The  Agency also will
 coordinate with the ATSDR and the Natural  Resource  Trustees in
 gathering information for the process.

      If you  or your staff have any questions,  you may  contact me
 at  (202)  260-4610, or Dave Evans,  Director of  the ST/SI Center,
 at  (703)  603-8885.
cc: . Steve Herman, OECA
     Steve Luftig, OERR
     Lisa Friedman, OGC
     Jim Woolford, FFRRO
     All OERR Center Directors
     Site Assessment Contacts,  Regions -I-X
     Superfund Regional Division Directors
     Regional Counsels, Regions I-X

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