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a convenient summary of the history of a removal
activity when prosecuting a cost recovery case.
Superfund program managers, focusing primarily
on difficulties encountered at sites and on the
recommendations of OSCs, use OSC Reports to
evaluate program policies and regulations and to
make appropriate adjustments.
DISTRIBUTION OF OSC REPORTS
The NCP now requires that an OSC Report be
submitted to the RRT, the Secretary of the NRT,
and the Director of the Emergency Response
Division (ERD) within one year of the completion
of the removal activity, or when requested by the
RRT. EPA expects that OSC Reports will be
written as soon as practicable. For removals of
short duration, OSC Reports should be submitted
within six months of the completion of the
removal activity.
The OSC should give the Office of Regional
Counsel an opportunity to review the OSC Report
before it is finalized and distributed. This is
especially crucial if the details of the Report relate
to pending or anticipated civil or criminal
litigation, or possible responsibility of the United
States or an agency of the United States for a
release or discharge.
INFORMATION REQUIREMENTS
The OSC Report should contain only information
listed in the format provided by NCP §300.165.
References should be made to supplemental
documents which may be placed in an addendum
to the Report. Regional practices on this vary.
OSC Reports should contain only factual
information concerning the site. Subjective
judgments and conclusions which are not fact-
based should be avoided. Presenting the
information as objective statements of fact will
minimize any possible adverse effects on cost
recovery efforts, and will still indicate to
Superfund managers issues that require
investigation, evaluation, or communication to
others.
Detailed information regarding day-to-day events
at a site should not be included in the OSC
Report. However, it should include the level of
detail needed to ensure that readers will
understand and profit from it. In meeting all
reporting requirements for OSC Reports,
particular attention should be paid to the
Difficulties Encountered and Recommendations
sections.
OSC REPORT FORMAT
OSC Reports follow the format described in the
NCP. If a section is not relevant to the removal
conducted, that fact should be indicated. Call Gil
Laskowski of ERD-RSCB at (703) 603-8719 for
information about a WordPerfect macro package
for preparing OSC Reports. The OSC Report
outline is provided in Table 1 on page 3.
FURTHER INFORMATION
For a copy of "Removal Response Reporting:
POLREPs and OSC Reports" or any other volume
of the SRP manual, contact:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
Phone: (703) 487-4650
EPA employees can order a copy by calling the
Superfund Document Center at (703) 603-8917.
Notice: The policies set out in this fact sheet
are not final Agency action, but are intended
solely as guidance. They are not intended, nor
can be they be relied upon, to create any rights
enforceable by any party in litigation with the
United States. EPA officials may decide to
follow the guidance provided in this fact sheet,
or to act at variance with the guidance, based
on an analysis of site-specific circumstances.
The Agency also reserves the right to change
this guidance at any time without public notice.
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Table 1: OSC Report Outline
Title Page (suggested)
Executive Summary (suggested)
I Summary of Events (including project dates and authority to conduct response)
A. Site Conditions and Background
1. Initial situation, including site location, coordinates, and NPL status
2. Location of hazardous substance(s)
3. Cause of release or discharge
4. Efforts to obtain response by responsible parties
B. Organization of the Response, Including State/Local Participation
C. Injury/Possible Injury to Natural Resources
1. Content and time of notice to natural resource trustees
2. Trustee damage assessment and restoration activities
D. Chronological Narrative of Response Actions
1. Threat abatement actions taken
2. Treatment/disposal/alternative technology approaches pursued
3. Public information and community relations activities
E. Resources Committed
II. Effectiveness of Removal Actions
A. Actions Taken by PRPs
B. Actions Taken by State and Local Forces
C. Actions Taken by Federal Agencies and Special Teams
D. Actions Taken by Contractors, Private Groups, and Volunteers
III. Difficulties Encountered
A. Items that Affected the Response
B. Issues of Intergovernmental Coordination
C. Difficulties Interpreting, Complying with, or Implementing Policies and Regulations
IV. Recommendations
A. Means to Prevent a Recurrence of the Discharge or Release
B. Means to Improve Response Actions
C. Proposals for Changes in Regulations and Response Plans
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