x>EPA
           United States
           Environmental Protection
           Agency
             i

             0/dce of
             Solid Waste and
             Emergtncy Response
DIRECTIVE NUMBER:  9835.I5a

TITLE: "Supplemental Guidance on "Performing" Risk -j.-
     Assessments in'Remedial Investigation/Feasibilit
     Studies (RI/FSs) Conductedby Potentially " .--
     Responsible Parties (PRPs)
APPROVAL DATE:-

EFFECTIVE DATE:

ORIGINATING OFFICE: OWPE

B FINAL

D DRAFT

 LEVEL OF DRAFT

   D~A — Signed by AA or OAA
   D B — Signed by Office Director
   DC — Review & Comment

REFERENCE (other documents):
s WER      QSWER      OSWER
  DIRECTIVE ^DIRECTIVE    Dl
                       7-f-'1 •

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  x>EPA
             United States
             Environmental Protection
             Agency
               i

              0/fice of
              Solid Waste and
              Emergtncy Response
 DIRECTIVE NUMBER:  9835.I5a

 "TITLE: "Supplemental Guidance on "Performing'Risk .i-•••-••
    •  Assessments in'Remedial Investigation/Feasibilit
      Studies (RI/FSs).-Conductedby Potentially " •.--
     . Responsible Parties (PRPs)
 APPROVAL DATE:-

 EFFECTIVE DATE:

 ORIGINATING OFFICE: OWPE

 E FINAL   .  •  -

 D DRAFT  -

  LEVEL OF DRAFT

    D"A — Signed by AA or OAA
    D B — Signed by Office Director
    DC — Review & Comment

REFERENCE (other documents):
SWER
                           OSWER
  DIREmiUEmDIRECTlVE    Dl

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                                 d St
                                    es environmental Protection Agency
                                     Washington. DC 20460
                   OSWER Directive Initiation Request
                                     1. Directive Numoef

                                       9835.15a
                                    2. Originator Information
       Name of Contact Person
          Steve Ells
      Mail Code
       OS-510
          Office
               OWPE
I Telephone Code
 475-9803
       3.Title.  Supplement Guidance on Performing Risk Assessments in Remedial Investigation/
            Feasibility Studies (RI/FSs)  Conducted by Potentially Responsible Parties (PRPs)
       4. Summary ol Directive (include brief statement ol purpose) The purpose  of their memorandum  is to provide

        additional guidance on implementing the policy that EPA will not  enter into settlement
        agreements under which PRPs perform the risk assessment components of the RI/FS, as
        discussed by the Agency in OSWER Directive No. 9835.15 (August 28, 1990). This memorandu
        provides guidance on coordinating  the site characterization tasks and feasibility study
        prepared by the PRP with the baseline risk assessment performed by EPA.
       5. Keywords  Remedial  Investigation/Feasibility Study (Ri/FSs)
                Potentially Responsible  Parties (PRPs)
       ia. Does This Directive Supersede Previous Directive(S)?
       b. Does It Supplement Previous Directive(s)?
                                               No
                                               No
                   n
                                                        Yes
                     What directive (number, title)
        Performance  of Risk Assessments  in RI/FSs by PHI'S
                       Yes   What directive (number, title)  9835.15
                       ,  Dated 8-28-90
        JDraft Level

           A - Signed by AA/DAA
B - Signed by Office Director
                C - For Review & Comment
                                                                               D - In Development
8. Document to be distributed to States by Headquarters?


Yes
X

No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives "Coordinator
Q^jbJUx uOoJO^ry^
10. Name and Title of Approving Official
Date .
7/*/i(
Date
      EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
   OSWER
VE     DIRECTIVE
 V/ER
                  OSWER                O
DIRECTIVE         DIRECTIVE

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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460
                            JUL   2 199!
                                                       OFFICE OF
                                              SOLID WASTE AND EMERGENCY RESPONSE
                                              OSWER Directive No.
                                              9835.15a
MEMORANDUM

SUBJECT:   Supplemental Guidance on Performing/iRisk Assessments in
           Remedial InvestdgAtion/Feas/bilityVstudies (RI/FSs)
           Conducted by P/bjtfe/tiaJyfyy} Rejeponsib^te Parties (PRPs)

FROM:
TO:
/Jjt/Don R. Clay
   Assistant Administrate,

   Regional Administrators, Regions  I - X
Purpose

     The purpose  of  this memorandum is to provide additional
guidance on  implementing the policy that EPA will not enter into
settlement agreements  under which PRPs perform the risk
assessment components  of the RI/FS, as discussed by the Agency in
OSWER Directive No.  9835.15 (August 28, 1990).  This memorandum
provides guidance on coordinating the site characterization tasks
and feasibility study  prepared by the PRP with the baseline risk
assessment performed by  EPA.

     Included with this  directive are revised and annotated
versions of  the Model  Administrative Order on Consent for
Remedial Investigation Feasibility Study (Model AOC, Directive
No. 9835.3-1A issued on  February 5, 1990)  and the Model Statement
of Work for  a Remedial Investigation and Feasibility Study
Conducted by Potentially Responsible Parties (Model SOW,
Directive No. 9835.8 issued on June 2,  1989).  Changes were made
only in those sections dealing with risk assessment.  Regions
should use these  Models  as  guides when drafting site-specific
AOCs and SOWs.

Early Public Involvement

     Although EPA is preparing the baseline risk assessment, it
is important that all  interested parties,  including the public
and PRPs, be given an  opportunity to have  early input into the
direction of the  risk  assessment.   This can best be achieved by
RPMs actively soliciting input from all interested parties during
                                                          Printed on Recycled Paper

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the  RI/FS  scoping process.   At many  sites, public scoping
meetings may  be  the  appropriate means to accomplish this.

EPA  Responsibilities

      In order to complete the RI/FS  and the baseline risk
assessment and select a  remedy without undue delay, it is
imperative that  there be a timely exchange of information between
the  PRPS and  EPA throughout  the entire process.  Timely
submission of high quality site characterization deliverables by
the -PRP will  allow EPA to develop the baseline risk assessment,
but  the PRP also needs information from EPA to develop an
acceptable FS.

      In order to develop a list of potential remedial
alternatives,  the PRP must know the  chemicals of concern and the
media of concern that are to be treated (or contained where
appropriate) .  As soon as EPA has evaluated the site
characterization data submitted by the PRP, EPA should develop
and  release two  or more  risk assessment memoranda to all
interested parties.   One should list the chemicals of concern for
human health  and ecological  effects  and their toxicity values;
the  other  should list the potential  exposure scenarios, exposure
assumptions,-  and exposure point concentrations that EPA plans to
use  in the baseline  risk assessment.  The purpose of releasing
this  information is  three-fold: 1) to keep the public informed
about progress at the site,  2) to allow public input at this
stage, and 3)  to give the PRP sufficient information to continue
developing remedial  alternatives that are appropriate for the
site.

      After considering all submitted comments, EPA will prepare
the baseline  risk assessment report.  EPA should release this
report to  the public at  the  same time it releases the final RI
report prepared  by the PRP.  The PRP needs this information to
continue work on the FS  report and on treatability studies.
Although EPA  will consider any comments submitted on the baseline
risk  assessment  memoranda in drafting the baseline risk
assessment, EPA  is not obligated to  respond to comments at that
point in the  process.  If, after the baseline risk assessment
report is  released,  any  commenters feel that EPA did not address
their concerns in the baseline risk  assessment report, they
should notify EPA of their continued concerns during the formal
public comment period, i.e., after the Proposed Plan is released.
This  notification should clearly identify the previous comments
that  were  not addressed  to ensure that EPA addresses all that are
considered significant in the responsiveness summary of the ROD.
Re-submission of the comments is not necessary.

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acceptable RI/FS.  We will re-evaluate this process as we gain
more experience.

     \If you have any questions about this policy, please contact
Stephen Ells, Chief, Technical Oversight Section, Office of Waste
Programs Enforcement, at FTS 475-9803.


cc:  Waste Management Division Directors, Regions I-X
     Regional Counsel, Regions I-X
     Regional CERCLA Branch Chiefs, Regions I-X
     Regional CERCLA Section Chiefs, Regions I-X


Attachments

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RI/FS  Schedule

     Implementing these new procedures should not lengthen the
time it takes  to complete  an RI/FS and select a remedy at most
sites.   To minimize delays, frequent discussions should be held
with PRPs  and  the public to keep them informed of site progress
and current EPA guidances  and policies.

     EPA seeks to make clear that it will not repeatedly review
PRPs1  RI/FS deliverables.  If PRPs do not revise their
deliverables and the draft RI and FS to reflect EPA comments in a
timely way,  EPA should consider either taking over the RI and/or
FS or  writing  its own supplements to these documents.

Revisions  to the Model AOC

     All PRP risk assessment deliverables have been eliminated
from the AOC.   A change has also been made in Task III: Site
Characterization.   PRPs are now required to submit all sampling
results in a computerized  format in order to allow EPA to rapidly
evaluate the collected data and develop the baseline risk
assessment.

     A new section has also been added in the AOC in order to
emphasize  EPA's oversight  role in evaluating the PRPs1 estimates
of residual  risks associated with various remedial alternatives
in the  feasibility study.

     The section on dispute resolution in the AOC has also been
modified by  excluding the  baseline risk assessment from dispute
resolution.  The baseline  risk assessment is not a PRP
deliverable  required under an AOC but an EPA document.  All
interested parties have an opportunity to review and comment on
two baseline risk assessment memoranda prepared by EPA during the
RI phase.  EPA will respond to significant comments on the final
baseline risk  assessment,  the final RI, the final FS, and the
Proposed Plan  during the formal comment period.

Model  SOW

     All PRP baseline risk assessment deliverables have been
removed.   In addition, EPA will now review and approve the PRPs1
Technical  Memorandum Documenting Revised Remedial Action
Objectives and the Technical Memorandum on Remedial Technologies,
Alternatives and Screening in order to ensure that the PRPs have
properly incorporated the  findings from EPA's baseline risk
assessment.  Language was  also added recommending an additional
point of EPA management review before EPA finalizes the baseline
risk assessment.

     After initial  issues  are worked out, EPA expects that this
revised  process  will  help  reduce the time it takes to complete an

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