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APPROVAL DATE:
?^E^I^JDATE:
ORIGiNAtlNG
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LEVEL OF DRAFT
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5- EPA
United States Envirc — ---•-' °::-;:- -- '-- —
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OSWER Directive Initiation Reauest
1 . Directive Number
9840.3
2. Originator Information
Name of Contact Person
Susan E. French
Mail Code
WH-527
Office
OWPE/OSWER
Telephone Number
382-4812
3. Title
"Site Classification Changes from Enforcement to Fund Lead"
4. Summary of Directive (Include trial statement of purpose)
To explain to the Regions the circumstances arid procedures to follow
\
for. changing NPL site classification from, enforcement to fund lead.
5. Keywords
site classification
6a. Does this Directive Supersede Previous Directives)? |_J Yes
No What directive (numotr. title)
b. Does It Supplement Previous Directives)? Q Yes Q No What Directive (number, titlt)
#9200.3-1 ,_-."FY 1987 Superfund Comprehensive Accomplishments Plan Manual"
7.. Draft Level
I—I A — Signed by AA/OAA LJ 8 — Signed by Office Director LJ C — For Review & Comment LJ In Development
This Request Meets OSWER Directives System Format
to. Signature of Lead Office Directives Coordinator
DCk,'(/'*~C<-^-'{<^'{v X^. (J\~T~p-j{-i.
9. Name and Title of Approving Official
Date
4-n-sn
Date
DSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9840.3
gate Classification Changes from
Enforcement tec Fund Lead
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE: Office of Waste Programs
Enforcement and Office of Emergency & Remedial
ID FINAL Response
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D 8 — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
FY 1987 Superfund Comprehensive Accomplishments
Plan Manual
OSWER Directive #9200.3-1
S WER OSWER OSWER
DIRECTIVE DIRECTIVE Dl
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Oswer Directive 984
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
MAY 5 1987 OPF.CEOF
........ .....-.-. . . SOLID WASTE AND EMERGENCY R6SPONS
MEMORANDUM
SUBJECT: Site Classification Changes from
Enforcement to Fund Lead /i
FROM: Gene A. .Lucero, Director ^v^L *r L.
Office of Waste Programs Enforcement
/ /I
. . Henry Longest./ Director _
Office of Emergency and Re»
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9840.3
-2-
In those instances where such information comes to light,
the Region should request changes at the earliest time that the
facts become available which justify the change. As you know,
budgeting projections must occur well before the fiscal year begins.
Likewise, classification changes that affect budget needs should
be requested before the fiscal year begins to minimize disruption
of the SCAP process. Because of budget limitations on. our ability to
fund- RD and.,RA. pr.o-jects.,. requests-, to change .sitea from enforcement
to fund lead will be scrutinized carefully and generally will
result in the need to address some other site through enforcement.
It should.be noted that in the last round of conference calls
for negotiation of FY"1988 SGAP/SPMS targets, several Regions
requested site, classification changes without prior discussion or
.wri.tten. justification. This delayed the target-setting process
and required several Regions to reevaluate their targets at the
last.minute.. Please submit your site classification change
requests as facts arise to support them in order to avoid such
confusion.and delay in the future.
.. Several, questions have arisen as to site classification and
coding c>f site summary reports-. Sites with expected mixed funding
settlements should be classified on the same basis as other
sites. In terms of reporting on the SCAP, obligations for RD/RA
for fund lead sites should be planned assuming no settlement.
Alternate sites should be identified for fund lead RD start and
RA start in the event of a settlement. For enforcement lead
sites, §106 litigation should be planned. In either case, if a
settlement does occur, obligations should be shown on the SCAP in
the year during which claims will be paid out. (Note that mixed
• funding-.settlements, generaily will consist of. PRPs doing work
with reimbursement of the government's share to be provided upon
completion of a particular, phase..) . .. . .. .
'" The' February 12', 1987, memorandum entitled "Interim Guidance:
Streamlining the CERCLA Settlement Process" indicates that in
some :.cases design, funds can. be, obligated for enforcement lead
sites concurrent with the preparation and submission of a §106
referral. These sites should remain classified as enforcement
lead with the line item in the SCAP 6or remedial design coded as
"Federal Enforcement (FE) lead RD" showing actual dollars needed
for design. In FY 88, funding will be available for approximately
10-12 enforcement lead RDs nationally. Funding will not be
available for RA at these sites; remedial action should be pursued
through litigation.
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OSWER DIRECTIVE
9840.3
-3-
If you have any additional questions or concerns, please
contact Mike Kilpatrick in OWPE (475-8259) or Terry Ouverson in
OERR (475-9367).
cc: Regional SCAP Coordinators
Enforcement Section & Branch Chiefs
Peter Cook
Frank Biros , '• -.'.-..-- •,;..-.
Mike Kilpatrick
Kirk Maconaughey
Frank Russo
Linda Boo-rnazian .
Regional 'Coordinators, CED
Jim Woolford
Walt .Koyalick
Terry'Ouverson
Tom. .Sheckells
Bob Herman
Kate Bouve
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