United Slates
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
oEPA
DIRECTIVE NUMBER: 9342.0
Guidance on Applicability of EPA Order 3500.1
to CERCLA Staff
APPROVAL DATE: November 28, 1988
EFFECTIVE DATE: November 28,1988
ORIGINATING OFFICE: Office of'Waste Programs
Enforcement
H FINAL
D DRAFT
LEVEL OF DRAFT
Office of Emergency and Remedial
Response
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
S WER OS WER OS WER
DIRECTIVE DIRECTIVE Dl
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es cnwo-.--.s--.tai Protection Agency
Washington DC 20460
OSWER Directive initiation Request
1. Directive Number
9842.0
2. Originator Information
Name of Contact Person
Debby Thomas
Mail Code
OS-510
Office
OWPE/CED/CB
.ode
3. Title
Guidance on Applicability of EPA Order 3500.1 to CERCLA Staff
4. Summary of Directive (include brief statement of purpose)
Defines, through guidance to the Regions, which CERCLA staff shall be subject to the
requirements of EPA Order 3500.1. This Order established training requirements for
Compliance Inspectors/Field Investigators.
5. Keywords
Inspector Training, EPA Order 3500.1
b. Does K Supplement Previous Directrve(s)?
No
No
Yes What directive (number, title)
Yes What directive (number, We)
[TTpraft Level
A-SignedbyAA/DAA
B - Signed by Office Director I
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters? | |Yw
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
1 0. Name and Title of Approving Official
Date
Date
EPA Form 1315-17 (Rev. 5-87). Prevwus editions are obsolete.
OSWER OSWER ' OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
NCV 2 8 1988
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Guidance on Applicability of EPA Order 3500.1 to CERCLA
Staff
FROM: Bruce M. Diamond, Directo
Office of Waste Programs
Henry L. Longest II, Director
Office of Emergency and Remedial
9 "
TO: Waste Management Division Directors
Regions I - X
Environmental Services Division Directors
Regions I - X
On June 29, 1988, EPA Order 3500.1 established training
requirements for Compliance Inspectors/Field Investigators. This
Order applies to all EPA personnel who lead or oversee the
conduct of compliance inspect ion/ field investigations on a full
or part-time basis under any of EPA's statutes, including CERCLA.
However, since CERCLA staff do not perform classic
compliance inspections, the Order allows the CERCLA program
offices to define, through guidance to the Regional
Administrators, which CERCLA staff shall be subject to the
Order's requirements, it also indicates that a CERCLA-s pacific
curriculum is being developed to address the required training.
Anal ie
i *• i
The following definition shall be used to determine the
CERCLA staff subject to the Order's training requirements:
"All staff who collect samples, conduct field audits or
oversee Potentially Responsible Party (PRP) projects for the
purpose of ensuring PRP compliance or for obtaining evidence to
use in potential enforcement actions."
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Thic definition should include, at a minimum, On-Scene
Coordinators (OSCs) and Remedial Project Managers (RPMs) involved
in field^activities. However, it is understood, per Section
9d(2) of the Order, that the Regional Administrator makes the
final determination of who in the Region is subject to the Order
and is responsible for reviewing and approving any exceptions to
the training requirements.
Curriculum
In addition to the health and safety training currently
required, the Order mandates a minimum of forty hours that
cover:
o Legal fundamentals - introduction to enforcement of EPA
statutes, overview of enforcement and compliance goals
and strategies, administrative and judicial litigation
processes, legal authority and EPA policies regarding
gaining entry, use of information-gatheri'r.y tools, and
defining and documenting evidence
o Technical issues - roles and responsibilities of an
inspector/investigator, violation detection and
investigative techniques, records inspection,
statistical sampling strategies, obtaining physical
samples, QA/QC, and lab analysis
o Communication skills - notification, negotiation
techniques, elements of an inspection plan, written
documentation & reporting requirements
o Administrative - planning considerations, travel,
records management, organizational structure, contract
mechanisms
To meet these requirements, our offices will slightly
modify the "OSC/RPM Basic Course"* Additionally, the OSC/RPM
Support Program developed by OERR calls for an OSC/RPM Academy to
be pilota^ in April 1989 which will provide 41 days of required
new OSCs and RPMs --that will also meet, as part of
its currcnlua, the training requirements in EPA Order 3500.1.
At this time, it is not anticipated that any additional
training courses or materials will need to be developed to meet
the Order's requirements.
If you have any questions about or problems with the
proposed definition of affected CERCLA staff or the curriculum,
please feel free to contact either of us.
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