UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
DEC 22 1992
E Of-
SOLIO WASTE AND EMERGENCY RESPONS:
MEMORANDUM
OSWER Directive 9355.0-24A
SUBJECT:
FROM:
TO:
f\
Action Starts Recfuarement
The SARA "200" Remedial
Richard J. Guimond
Assistant Surgeon Gkne'ral, U'SPHS
Deputy Assistant Administrator
Director, Waste Management Division
Regions I, IV, V, VII
Director, Emergency and Remedial Response Division
Region II
Director, Hazardous Waste Management Division
Regions III, VI, VIII, IX
Director, Hazardous Waste Division
Region X
Director, Environmental Services Division
Regions I, VI, VII, X
PURPOSE
This memorandum notifies you o.f a modification to the method
of tracking the SARA "200" remedial action first starts.
BACKGROUND
Section 116(e) of the Comprehensive Environmental Response,
Compensation, and Liability Act required EPA to assure that
"substantial and continuous physical on-site remedial action"
commences at a rate not fewer than:
(1) 175 facilities during the first 36 month period after
enactment of SARA (through October 17, 1989); and
(2) 200 additional facilities during the following 24 month
period after such 36 month period (through
October 17, 1991).
-. Printed on Recycled Pflr
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OSWER Directive S355.O-24, .ated December 28, 1987, selected
the remedial action contract award date as the measure of
accomplishment for commencement of physical on-site remedial
action. This date was selected as a readily identifiable point
with written documentation (contract signatures) for a remedial
action start. The award is the date that the contracting party
enters into a contract to initiate substantial and continuous
clean-up activities. This date was used consistently throughout
the tracking period and was the basis upon which we reported
completion of the initial 175 RA first starts.
In a memorandum dated July 18, 1991, the Director, Office of
Emergency and Remedial Response, established criteria to assist
the Regions in selecting sites as first start accomplishments.
(For example, "substantial and continuous" physical activity was
defined as an action that typically represents an operable unit
leading to final site clean-up.) Regions were asked to verify in
subsequent memoranda that sites reported as first starts complied
with the criteria set out in that memorandum. This written
verification (site summaries) included the date that the
contractor mobilized on-site to commence substantial and
continuous activity (although only contract award dates were
officially reported).
Based on a review of the policies relating to the first
start mandate, the Agency believes that the verification that the
contractor has mobilized is the best indicator of progress
towards meeting the mandate. Therefore, we are modifying the
method of tracking to address this issue. We will no longer use
the contract award date alone to measure first start
accomplishments.
OBJECTIVE
Our objective is to modify the measure for tracking the 200
RA first starts target from a contract award date to the date the
contractor mobilizes on-site to commence substantial and
continuous physical remedial activity.
IMPLEMENTATION
Before a site can be counted as a 200 RA start accomplish-
ment, the Regions must report the date that the contractor
mobilizes on site to commence substantial and continuous physical
remedial activity. The method of reporting this date will be
through the use of an existing CERCLIS subevent, "RA On-site
Construction," (C3101-RA) which is defined as the following:
"The date the PRP or contractor mobilizes to start
construction. This field ij^iesents a subevent to RA."
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Region_ are currently reporting this date through the site
summary verification process. In the interest of ensuring
consistency, we are adding an additional documentation
requirement to the WasteLAN data element dictionary. This will
affect all sites where this field is used as a means of reporting
i. formation through the C^C'TG database (r.r1- only first starts).
The Regions should include, at a minimum, a memorandum in the
site file stating when the contractor mobilized on site to
commence substantial and continuous remedial activity. A
copy of a report of mobilization from the contracting party is
also acceptable. The CERCLIS and WasteLAN Data Element
Dictionary will be updated to reflect this new reporting
requirement.
All sites where a first contract was awarded on or before
October 17, 1991 have already been counted and reported as first
start achievements (for the 200 first RA start deadline) under
our previous tracking efforts. Summaries were completed and
verified by Regional Officials for each of these sites.
Because we are continuing to track our progress towards
meeting the mandate, site summaries will be distributed for
regional verification as an ongoing process. My staff will be
collecting these summaries on a quarterly basis to assist them in
the preparation of a yearly status report.
If you have any questions, please contact Jo Ann Griffith,
of my staff, at (703) 603-8774.
cc: Lisa Friedman, LE-132S
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