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5- EPA
United States Envirc — ---•-' °::-;:- -- '-- —
Wcs... .. -
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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