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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