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

-------
                                -2-

      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."

-------
                               -3-

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

-------