&EPA
UnitadStataa
Environmental Protection
Agency
Off ic« of
Solid Waste and
Emergency Responaa
DIRECTIVE NUMBER: 9830.2
TITLE: REGIONAL OVERSIGHT OF FEDERAL
FACILITY CLEANUPS UNDER CERCLA
APPROVAL DATE: NOVEMBER 25, 1985
EFFECTIVE DATE: NOVEMBER 25, 1985
ORIGINATING OFFICE: OWPE
S3 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WER
VE DIRECTIVE DIRECTIVE Dl
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v>EPA
United States Environmental Protection Agency
Washington. OC 20460
QSWER Directive Initiation Reauest
Interim Directive Number
W30 .
Originator Information
Name of Contact Person
Linda Southerland
Mai) Coda
W-S27
Telephone Numoer
382-2335-.
leaa office
U OERR
O OSW
Approved for Review
Signature of Office Director
JLt~£jL
Date
Title
u
Regional Oversight of Federal Facility Cleanups Under CERdA
Summary of Directive
The purpose of the memo is to reemphasize the importance of oversight .of Federal
facilities (FF). Regional roles and responsibilities for FF oversight are outlined
in the draft Federal Facilities Program Manual for Implementing QFIRCTA Responsibilities
of Federal Agencies sent to the Regions m July.Regions questioned whether the Manual
applied to. non-NPL FF. " This memo directs Iffegions to focus their efforts on NPL-FF.
Resources specifically earmarked for Ffc oversight at NPL sites are limited.
Regions should use resources dedicated in the OERR model for oversight and, if
\necessary, the general resources for private party response. There are no resources
for oversight at non-NPL FF sites. Federal agencies frequently ask for technical
assessment and review of reports at their non-NPL sites - the resource implications
of this are currently being examined.
The memo describes the direction of reauthorization for FF, i.e. stronger
requirements for Federal, agencies and a clearer definition of EPA's role and authority.
Issuance of the Program Manual in final will be deferred until after reauthorization
so that it reflects the new requirements.
Type of Directive (Mtnual. Policy Qirectivt. Announcimtnt. etc.l
Policy Directive
Stilus
D Draft
S3 Final
QU New
LJ Revision
Yes
Does tn>s Directive Supersede Previous Directives? | | Yes |_J No Does It Supplement Previous Oirectiveis)?
f "Yes" to Either Question. What Directive tnumber. title)
It supplements the FF Program Manual which was issued in draft before the Directives
| | No
fchere La I'M
I&J AA-OSW6R
Q OERR
D OSW
D OUST
D OWPE
LJ Regions
D OECM
D OGC
D OPPE
Other tSoecify) O £ At
>i'S Secuest Meets OSW6R Directives System Format
nature of Lead Office Directives Officer
L/U
Data
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.. - OSWER # 9830.2
} UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
/ WASHINGTON D C 20460
2 5
MEMORANDUM
SUBJECT: Regional Oversight of Federal Facility Cleanups
Under CERCLA
FROM: J. tjfnston Porter
Assistant Administrator for Solid Waste and
Emergency Response
s , j / ^T-i/'^ ^s
Jennifer Joy MansoR^*^»~»^v<*r;**7 /v^x**" ^^
Assistant Administrator Ifor/Jfx'ternal Affairs
./ c/^
TO: Addressees ._/ ',
The purpose of this memorandum is to reemphasize the
importance of oversight at Federal facilities. As you know,
the draft Federal Facilities Program Manual for Implementing
CERCLA Responsibilities of Federal Agencies states that over-
sight at Federal facilities should be to the same degree as
oversight of potentially responsible parties (PRPs). Consis-
tent with Agency policy, efforts should be focused on Federal
facilities identified as "priority" using the Hazard Ranking
System.
The importance we place on Federal facility oversight is
reflected in the new target in the FY86 Superfund Comprehensive
Accomplishments Plan (SCAP) for Federal facility remedial
investigations and feasibility studies (RI/FS). Regional
resources to conduct oversight of Federal facility RI/FS
have been programed in the FY86 budget. Eight FTE were
programed for EPA assistance at 16 Federal facilities based
on an average pricing factor of 0.5 FTE for a facility.
Resources were distributed based on Federal facility starts
projected by the Regions in the FY86 Preliminary SCAP.
Since only nine Federal facilities were included in the SCAP
by the Regions for FY86, 4.5 FTE were identified for Federal
facility support. The 4.5 FTE were Distributed through
OERR's workload model. Although the resources are conveyed
via an OERR budgetary account, the resources are intended
for' whatever unit the Regional Administrator designates
for CERCLA oversiaht of Federal facilities.
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OSWER # 9830
-2- '
We recognize that the resources programed in the budget
for Federal facility oversight are limited, but the Regions
are nevertheless expected to conduct oversight activities at
priority sites as outlined in the Federal Facility Sta'ff
Guidance Supplement and the appendix to this memo. The burden
of this oversight effort should be shared between the enforce-
ment and the remedial programs. For example, resources
allocated to the Regions for Preliminary Assessments/Site
Inspections (PA/SIs) can be used to review Federal facility
Phase I reports and for scoring the site for NPL purposes.
The resources in the OERR model, and, if necessary, the
general resources for private party response should be used
for oversight activities. Federal facility oversight should
not suffer for lack of resources. We expect the SCAP target
for RI/FS starts at Federal facilities to be achieved or
exceeded next fiscal year.
In addition, the current Office of Federal Activities
(OFA) workload model recognizes the role of the Federal
Facility Coordinator in coordinating the flow of information
between the Federal facility and the EPA Region and in resolving
disputes which may arise. (These responsibilities are outlined
in detail in the Program Manual.)
The importance Congress places on Federal facility over-
sight is reflected in the bill passed by the Senate and the
amendments proposed by the House during the reauthorization
of CERCLA. For example, S.51 has the following provisions:
0 Not later than six months after inclusion of Federal
facilities on the NPL, or within six months of enact-
ment of the Act, whichever is later, the Federal
agency shall enter into an Interagency Agreement (IAG)
with EPA and the State for the RI/FS. The IAG shall
include a timetable and deadline for the RI/FS.
0 Within six months after completion of the RI/FS, the
Federal agency shall enter into an IAG with EPA for
remedial action. The IAG will require that "substan-
tial physical onsite remedial action is commenced at
each facility within twelve months after completion of
remedial design."
9 The IAG shall include a review of alternatives with
selection of remedial action plan by EPA, a schedule
for completion of remedial actions, and arrangements
for long term operation and maintenance of the facility.
Language in the House bills may be subject to revision.
However, the direction is toward stronger requirements for
Federal agencies and a clearer definition of EPA's role and
authority.
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-^ # 9830.2
Since Federal facilities are under such scrutiny by
Congress, you may receive additional requests for technical
assistance and review of reports at non-NPL sites. We recog-
nize the increased workload associated with this oversight
and are currently examining the resource implications.
You should, therefore, anticipate an increased level of
oversight activity as the Federal agencies respond to the
stronger requirements. We plan to account for any increases
in the level of oversight activity required by reauthorization
by including resources for Federal facility oversight in the
FY87 budget request.
Since the final draft Federal Facilities Program Manual
was issued in June 1985, it does not incorporate the provisions
of reauthorization. Issuance of guidance will be deferred
until after reauthorization so that it reflects the new require-
ments. We plan to issue a draft Manual after.reauthorization
for review by the Regions and Federal agencies before finalizing
the Manual.
If you have any questions about this memo, please contact
Linda Southerland at FTS 382-2035 or Lee Herwig at FTS 382-5908.
Addressees:
Regional Administrators, Regions I-X
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 & Waste Management Divisions, Regions II, VI
Director, Toxics & Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
Regional Counsels, Regions I-X
cc:
Henry Longest, OERR
Fred Stiehl, OECM
Steve Leifer, OECM
Lee Herwig, OFA
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APPENDIX: OVERSIGHT ACTIVITIES OSWER # 9330.2
Oversight activities for Federal facilities parallel
those for Fund-financed and responsible party cleanups and
include the following:
0 Review Federal agency site identification programs and
visit Federal facilities as necessary to ensure that programs
are sufficient in scope, technically sound, and adequately
funded
0 Review PA report and recommend whether SI should be conducted
Review SI and recommend either no further CERCLA action or
HRS scoring
* HRS scoring
* Develop, with Federal agency, Initial Management Agreement
for RI/FS
- review of draft and interim versions of RI/FS workplans and
reports
- review and concurrence on RI/FS workplans
- preparation, review, and concurrence on final RI/FS reports
0 Develop, with Federal agency, Management Agreements for remedy
0 Provide community relations assistance
0 Review Federal arjency action memo for removals. Monitor
progress of removals
0 Review preliminary, intermediate, prefinal, and final RD
submittals
0 Review monthly progress reports of RA and final RA technical
report
0 Attend prefinal RA construction conference, a prefinal RA
inspection, and *inal RA inspection
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