United States
            Environmental Protection
            Agency
             Office of
             Solid Wastt and
             Emergency Response
  x>EPA
DIRECTIVE NUMBER:    9835.13.la
TITLE:  Consultation on Records of Decision (RODs) for
      Containment-only Remedies
             APPROVAL DATE: •   October 2, 1990
             EFFECTIVE DATE:   October 2, 1990
             ORIGINATING OFFICE: OWPE/GEB
             Q FINAL
             D DRAFT
              LEVEL OF DRAFT
                ®~A — Signed by AA or DAA
                D B — Signed by Office Director
                DC — Review & Comment
             REFERENCE (other documents):
S WER       OS \NER       OS \NER
  DIRECTIVE    DIRECTIVE    Dl

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          Unnto Suits Environmental Prottenon Agency
                 Washington, DC 2WCQ
OSWER Directive initiation Request
                                                                 1. Dir ecsve

                                                                     9835.13.la
                                  2. Originator Information
      Name o( Conua Person
        Rick Colbert
                  Mail Cod*
                   OS-510
Office
    OWPE/GEB
lephone Coda
202-382-4015
        Consultation of Records of Decision (RODs) for Containment-only Remedies
      4. Summary of Oirecuve (include bnel statement ol purpos*)
                                              ,i
        To provide Regions with implementation strategy for RODs involving containment
      5. Keyword
                QDs:  Containment-only Remedies
      St. Does This Cirecuve Supers«a« Previous Oirecuve(s)? .
      b. Does It Supplement Previous Olrective(s)?
                                            No
                                            No
                                  Yes    Whit directive (number. Itfe)
                                  Yes    Whtt directive (number. RU)
      7. Draft Ltvai
        x A - Signed by AMDAA    [   [ B - Signed by OMc« Olrector
                                    C - For Review & Comment
                            D-tiOwtfepmeru
            8. Document to be distributed to States by Headquarters?
This Reouest Mt
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               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C. 20460
                                   -2 1990
                                                                 O'CiCE O- -
                                                      SOLID vVASTf. A.ND EM£RGENCV RESPONSE
                                          OSWER Directive No. 9835.13-la



 MEMORANDUM

 SUBJECT:   Consultation on Records of Decision/RODS) for Containment-only Remedies
 FROM:      Don R. Clay
             Assistant Administrator

 TO:         Regional Administrators, Regions I - X


       The purpose of this memorandum is to provide Regions with an implementation
 strategy for Records of Decision (RODs) involving containment-only remedies.  As you may
 know, I recently announced that Headquarters consultation will be required for all RODs
 where  containment-only remedies for source materials are selected.

 Background

     '  OSWER recently compared remedies where the Remedial Investigation/Feasibility
 Study (RI/FS) was performed by Potentially Responsible Parties (PRPs) with those that
were performed by EPA or a State ("A Comparative Analysis of Remedies Selected in the
Superfund Program During FY 87, FY 88, and FY 89," June 20, 1990, OSWER Directive
9835.13).

      The study indicated a need for improvement to the process used when considering
some treatment technologies and,  in certain cases, documenting why treatment was  not
selected.  The  report concluded that  EPA  "will develop a process whereby remedies
selecting 'containment only* will require consultation with the appropriate Headquarters
Division  Director, Headquarters  Office Director  or the Assistant Administrator  for
OSWER."  (IbJd., p. 4-2)

      This consultation requirement  is an addendum to the existing requirements  for
consultation, as discussed  in the Twenty-First Remedy Delegation Report," January 29,
1990.
                                                                     Printed on Recycled Paper

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Brief Description of Containment-Onlv RODs

       Containment-only  remedies  for source  materials will  involve  operations  or
technologies that are intended to prevent the further migration of contaminants and do not
involve treatment.  Placement of a RCRA cap or off-site  disposal without treatment are
examples of  containment remedies.  For  further information concerning definitions of
"containment" and "treatment," see Chapter 4 of the "Guidance for Conducting Remedial
Investigations and  Feasibility  Studies  under  CERCLA,"  OSWER  Directive 9355.3-01,
October 1988.

FY 91 RODs

       The following procedures for FY 91 will be in effect beginning October 1,1990. Any
changes to these procedures will be indicated in the Remedy Delegation Report for FY 91.

       Prior  to  issuance of a  proposed plan  (involving  a preferred alternative of
containment-only for  source materials), and  as soon  as  possible after the  Region has
tentatively decided on the proposed remedy, the appropriate Regional Branch Chief should
provide Headquarters with written information describing the risks posed and a description
of the remedy.  This information should be sent to the Chief, Remedial Operations and
Guidance Branch, OERR, for fund-lead sites, or the Chief, Compliance Branch,  OWPE,
for enforcement-lead sites.

       Generally, Regions should provide Headquarters with drafts of the proposed plan
(where available) and drafts of the executive summaries of the RI/FS and risk assessment
(if not included in the RI/FS). Headquarters may, in certain cases, request that the Region
send the entire RI/FS, but generally this will not be necessary. Regions should also provide
a brief written explanation of the following:

       o     Identification of any principal threats, including their location, concentration,
             and approximate volume, and why it is not practicable to (remove and) treat
             the principal threats;

       o     The reason(s) why containment  is to be proposed in lieu of any treatment
             options;

       o     Treatment technologies that were evaluated for the site, and specific reasons
             why they are deemed inappropriate or impracticable.

       This material may be taken from any documents the Region has already drafted for
the site (e.g., RI/FS or draft ROD), but it should be presented separately in a "consultation
memorandum".

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       As soon as possible after transmittal of this material and prior to issuance of the
 proposed plan,  the  Remedial  Project  Manager  for  the  site  and  the  appropriate
 Headquarters Regional Coordinator should have an oral consultation to discuss the site
 and the decision to use containment only. The appropriate Headquarters Division Director
 in  OWPE or OERR will then expeditiously respond  in writing to  the proposal for
 containment, again prior to issuance of the proposed plan. If there is insufficient time to
 respond in writing, and the Region and Headquarters are in agreement as to the remedy,
 the Headquarters Division Director may give oral approval, followed by approval in writing.

       If the Headquarters Division Director and the Region cannot agree on the suitability
 of  a  containment-only remedy for a  particular site, the Director of the appropriate
 Headquarters Office  (OWPE for enforcement-lead, OERR  for fund-lead) should be
 consulted.  These should be elevated to  the  Office Director prior to issuance  of the
 proposed plan and as soon as possible after efforts to reach an agreement fail.  The Office
 Director or Assistant Administrator for OSWER should also be consulted in cases where
 national precedents might be set by the containment-only remedy or where the case is of
 national interest or significance.

       If new information arises  after proposal of the  plan,  or  if  public  comment
 necessitates a re-consideration of the proposal, the Region should contact the appropriate
 Headquarters office to discuss the problem.

       If you  have any questions about these procedures, please contact Tim Mott, Chief,
Compliance Branch,  OWPE (FTS 382-5324; mail code OS-510); or Bill Hanson, Chief,
Remedial Operations  and Guidance Branch, OERR (FTS 382-2339; mail code OS-220).

cc:     Director, Waste Management Division, Regions I  - X
       Regional Superfund Branch Chiefs
       Regional Counsels

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