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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                                -2-

      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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