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 ------- 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 ------- 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." ------- -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. ------- |