&EPA
              unitao oiates
              Environmental Protection
              Agency
            Off ice o*
            Solid Wests and
            Emergency
DIRECTIVE NUMBER:  9851.3

TITLE: integrated Timeline for Superfund Site
       Management (SMR 15,15)
                  1990

                   Enf. Division/QWPE
               EFFECTIVE DATE:  Jul* ll

               ORIGINATING OFFICE:

               B FINAL

               D DRAFT

                LEVEL OF DRAFT

                  £3 A — Signed by AA or OAA
                  OB — Signed by Office Director
                  DC — Review & Comment Only (not intended for use as guidance)

               REFERENCE (other documents):
OS WER      OS WER      OS WER
E    DIRECTIVE   DIRECTIVE

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                                         rrotecaon Agency
                Wasnington. I
OSWER Directive Initiation Request
                                                             1. Directive Numo«r
                                                              9851.3
                                2. Originator Information
      Name at Contact Person
             S.  Mansbach
                 Mad Cod*
                  OS-510
Office
CERCLA Enf. Div
      13. Title
          Integrated Timeline  for Superfund Site Management (SMR  #5,  15)
      4. Summary of Directive (include brief statement at purpose)
       Purpose:  To display  the  key steps and optimum duration of phases
          in moving sites from identification to remediation.   It is  our  ,
          intention that the duration of key phases be viewed  as goals
          toward which we will jointly work to move the program.
      5. Keywords
           Rods, RI/FS,  RD/RA,
      6a. Does This Directive Supersede Previous Directive^;?
      b. Does ft Supplement Previous Ofroctfve(s)?
                      x | No   I  I Yes   What directive (number, We)


                             |  | Yts   What directive (number, We)
                                         No
      7. Draft Lav«<
      r j A-SJflnedbyAA/DAA
            S - Signed by Office Director
      C - For Review 1 Comment
0 - ft DtveJoprr
           8. Document to be distributed to States by Headquarters?  Q Yt«  I  INo
This Request Meets OSWEfl Directives System Format Standards.
9. Signature of Lead Office directives Coordinator
y^^Auu ^U^^^
\ 0. Name and TMe of Approving OfficuU
•% •
Date
7/-7/70
Date
,V
     EPA Form 1315-17 (flev. 5-«7) Previous editions are obsolete.
  OSWER          OSWER              OSWER             O
VE     DIRECTIVE        DIRECTIVE        DIRECTIVE

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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                            WASHINGTON. O C 20460
                               JUN 1  1 13SO
 MEMORANDUM
 SUBJECT:
 FROM:
Integrated Timeline for Superfund Site Management
      (SMR #5, 15)
Don R. Clay
Assistant Administrator
Solid Waste and Emergency Response
           James M.
           Assistan"
                    tor for Enforcement
 TO:
Regional Administrators
      A  major theme  of the  Superfund Management  Review is  the
 importance of an aggressive, well planned and tightly coordinated
 system  for moving sites  to completed remediation.   Success  in
 these efforts  depends in  large  part on  identifying  critical
 decision  points and  our goals  for the amount of time it should
 take  to  get  from one step  to  the next.   Therefore  we  have
 developed, and are attaching for your use in managing the  program,
 the Integrated  Timeline for Superfund  Site Management.

      The  purpose of the Timeline is, as stated  above, to display
 the key steps and optimum duration of phases in  moving sites  from
 identification  to remediation.    It  is  our  intention  that  the
 duration  of key phases be viewed  as goals  toward which we  will
 jointly work to move the program.

      It is also our  intention that other major program  policies
 incorporate the same assumptions about timing and the sequence of
 activities.  To this end, appropriate  language  has been  included
 in such documents  as  the  DOJ Interagency Agreement and  the  Pre-
 referral Negotiations Procedures.

      We will continue to  review actual  experience with you,  to
 identify and deal with problems which can be alleviated.  We  also
 intend  periodically  to  reevaluate  this Timeline  in  light  of
experience.

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                                             OSWER DIRECTIVE NUMBER: 985:
                               -2-


     Please  ensure  that  your  managers are  familiar  with the
Timeline  and are  using  it  as  a basic template for  the site
remediation process.  We  encourage your comments  on the Timeline
and look forward to  its use as a  management guide.

Attachment
cc:  Directors, Waste Management Division
          Regions I, IV, V, VII
     Directors, Hazardous Waste Management Division
          Regions III, VI, VIII, IX
     Director, Emergency and Remedial Response Division
          Region II
     Director, Hazardous Waste Division
          Region X
     Regional Counsels
          Regions I  - X
     Superfund Branch Chiefs
          Regions I  - X
     Henry Longest
     Bruce Diamond
     Lloyd Guerci
     David Van Slyke

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                                             OSWER DIRECTIVE NUMBER: 985i
                INTEGRATED TIMELINE FOR SUPERFUND
                         SITE MANAGEMENT
 INTRODUCTION
Purpose

The purpose of the integrated timeline is to develop an
integrated site management framework.  This timeline clearly
identifies critical decision-making points and timeframes for
each step of the process, and shows the interface between Fund
lead and Enforcement lead activities.

Background

The objective of the Superfund program is to achieve rapid, high
quality remediation of sites, with maximum participation of
responsible parties (RPs) in the cleanup process.  The
combination of technical and negotiation complexities presented
by these objectives offers numerous opportunities for confusion
and delay in the site management process.

The Superfund Management Review identified several
recommendations directed at developing systems to coordinate the
complex and sometimes delicate decisions required for effective
management of the remedial pipeline.  They cover such aspects of
the program as site management, site planning, case management,
case planning, coordination with other Federal agencies, and
creation of special technical support units.

As articulated in the Superfund Management Review, (The 90-Day
Study)  the scope and intent of the timeline are the following:

Integrated Timeline for Enforcement and Response Actions

Finding:

     A process involving both enforcement and response
     activities at the vast majority of sites is complex and
     susceptible to delays.   An "enforcement first" process is
     particularly vulnerable to delays if negotiation deadlines
     are not established or if they are routinely allowed to
     slip.   Negotiations tend to be more effective where PRPs
     understand that EPA will cut off negotiations if they fail
     to settle before the deadline.

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                                          OSWER DIRECTIVE NUMBER: 9851.3
Discussion:
     EPA has established timeframes for accomplishing particular
     steps of.the cleanup process.  For example,  there are
     negotiation timeframes derived from the provisions of
     section 122 of CERCLA, and cleanup timeframes derived in
     part from the statutory goals of section 116.   Some
     individual Regions have developed timeframes that integrate
     both enforcement and response activities.

     If EPA is to successfully integrate the response and
     enforcement programs, EPA should establish a single
     management system that organizes the work and defines when
     the work can be realistically initiated and completed and
     when contingent activities can be undertaken.  Routine
     issuance of orders may add time to the process and delay
     Fund-financed response in situations where orders are not
     complied with.  An integrated timeline for enforcement and
     response action will therefore be valuable for minimizing
     delays and uncertainties in predicting and planning for
     Fund-financed activity.  Key steps in the process include:

     o    Commencing detailed PRP searches at the time when a
          site is proposed for listing;

     o    Supplementing the PRP search until it is reasonably
          complete;

     o    Issuing general notice letters and initiating
          information exchange;

     o    Initiating negotiations for RI/FS where legally liable
          and financially viable PRPs exist;

     o    Issuing special notice for RD/RA shortly before or
          upon signature of the ROD;

     o    Adhering to negotiation deadlines to push PRP
          settlements and to avoid delays in the remedial
          pipeline;

     o    Routinely issuing administrative orders to legally
          liable and financially viable PRPs if settlements are
          not reached within deadlines;

     o    Referring a case to the Department of Justice or using
          the Fund to clean up a site if responsible parties do
          not comply with the order;

     o    Lodging and entering a consent decree if settlement is
          reached.

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                                            OSWER DIRECTIVE NUMBER: 9851
      Recommendation:

      EPA will  establish  a  single  integrated  timeline  for both
      enforcement  and  Fund-financed activities.  The timeline
      will include deadlines  for completing negotiations and for
      following up with enforcement or  response action....
      (Management  Review  of the Superfund, p. 2-14)

Other detailed timelines and explanations of specific phases of
the  remedial timeline are  currently embodied in CERCLA program
guidance such  as  the  Enforcement  Project Management Handbook,
the  1991 Program  Management  Manual, Superfund enforcement
delegations procedures,  site management guidance including
litigation management planning, and pre-referral negotiations
procedures.  Taken  together, these management tools provide
regional staff with a clear  and comprehensive road map for the
sequence, content and timing of planning and decision-making if
a site is to be remediated in a timely manner.

THE  INTEGRATED TIMELINE

The  attached timeline represents  the overarching system for
sequencing key decisions and establishing deadlines to move
sites to cleanup.   Suggested timeframes are  intended  to serve as
project  management  objectives.  The Agency's expectation is
that, with full use of other resources emerging from  the
Superfund Management Review, the  program will continue to make
progress on achieving the  pace of completed  site management
activities embodied by this  timeline.

The  Integrated Timeline  is a 10 step process of remedial and
enforcement activities related to the  Superfund Site  Management
Process.  The  purpose of the timeline  is to  provide an overview
of the major remedial and  enforcement  activities required to
perform  a Superfund cleanup  action under SARA.  The timeline
spans a  maximum of  24 quarters.   Each  of the 10 phases are
summarized below.

RP Search and  Notification

     o    This is the first  step  in the site management process
          and  generally  takes from 6 to 13 quarters.

          _    Distribution  of Section 104(e) information
               requests  to owner/operator recipients  by the end
               of the first  quarter;

          _    Distribution  of General Notice to owner/operators
               by the end  of the  second quarter;

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                                            OSWER DIRECTIVE NUMBER:  9851
          _    Distribution of initial Section 104(e)
               information request to generators/transporters by
               the end of the second quarter;

          _    Decision whether to pursue Section  104(e)
               enforcement activities by the middle of the
               fourth quarter;

          _    Distribution of General Notice to
               generators/transporters end of the  fourth
               quarter;

               Preparation of waste-in information and
               volumetric allocation for the RI/FS by the end of
               the fourth to the middle of the fifth quarter;

               Supplemental work through the RI/FS;

          _    The RP Search timeframe may be extended up to the
               point of RD Special Notice if a supplemental
               search is deemed warranted.

RI/FS Negotiation and Settlement Process

     o    This process will continue for a maximum of four
          quarters.

     o    Important milestones include:

               Resolution of site lead with the State

          _    RI/FS negotiation preparation commencing after
               distribution of the General Notice,

               Scoping activities in order to direct the work in
               the SOW,

          _    Formal RI/FS negotiations commencing with
               issuance of the Special Notice and  lasting a
               maximum of 90 days (without extension by RA),

          _    Termination of RI/FS negotiations 60 days after
               Special Notice issue if a Good Faith offer is not
               received.

     o    At the end of the settlement process, EPA will
          generally issue either an Administrative Order on
          Consent (AOC) or proceed with a Fund-financed RI/FS.
          In limited circumstances, EPA will issue a UAO.

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                                             OSWER DIRECTIVE NUMBER: 9851
 RI/FS Implementation Process

      o    This is the third step in the site management process,
           and .will commence after issue of the AOC/AOU, or
           funding of the RI/FS; this occurs approximately one
           quarter following the issue of the Special Notice.

      o    Important milestones include:

           _    Within a maximum of 4 quarters into the RI/FS
                implementation process,  the draft RI Report will
                be completed.

                Within 4-5 quarters into RI/FS implementation  a
                supplemental General Notice to RPs will be
                issued,  if appropriate;

           _    The Draft FS Report will be completed by the end
                of the fifth quarter of  the RI/FS Implementation
                Process;

           _    The Final Draft of the RI/FS Report and the
                Proposed Plan will be completed by the end of  the
                sixth quarter of the RI/FS  Implementation
                Process;

           _    Following completion of  the RI/FS Report,  the
                lead agency will commence preparation of the
                Record of Decision (ROD), which should take no
                more than 2 quarters;

           _    ROD signature  will occur 8  quarters from the
                start of the RI/FS implementation process and  13
                quarters from  the start  of  the RP Search and
                Notification process (i.e.,  beginning of the
                timeline).

           -     Opening  and updating the administrative record
                file and the conduct of  community relations
                activities will  take place.


RD/RA Negotiation  and Settlement Process

     o    This  is  the fourth  step in the site management
          process,  and  will commence 11 quarters into the site
          management process  after completion of the final RI/FS
          report and Proposed Plan.

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                                                uSWER DIRECTIVE N'UMBER:
     o    Important milestones  include:

          _    Special notice is prepared concurrent with ROD
               preparation,  lasting 2 quarters;

          _    RD/RA pre-referral negotiation preparation
               including preparation of the  Draft Consent Decree
               occurs concurrent with Special Notice
               preparation,  lasting 2 quarters;

          _    Special Notice is issued with Draft Consent
               Decree concurrent with ROD signature;

          _    Formal RD/RA  negotiations commence with Special
               Notice issue  and extend up to a maximum of 120
               days if a Good Faith offer is received;

          _    At the end the 120 day moratorium EPA decides on
               whether or not to extend RD/RA negotiations  (this
               requires RA approval);

          _    If a Good Faith  offer is not  received within 60
               days after issue of the special notice, RD/RA
               negotiations  will be terminated, and EPA will
               proceed with  issue of the UAO if there are
               liable, viable parties, and if PRPs do not comply
               with the order,  decide whether to proceed with
               Fund-financed RD or to litigate for remedy.

Settlement/Referral Process

     o    The settlement/referral process includes a maximum of
          2 quarters of Consent Decree Preparation (CDP), 1
          quarter for the CD Referral (CDR)  process and 1
          quarter for CD Lodging and Entering (CDE).

     o    The CD referral, lodging, and entering process should
          take no longer than 2 quarters;

RD Implementation

     o    This is the fifth  step in the site management process.

     o    It includes Funded Remedial Design (RDF), RP Remedial
          Design (RPRD), and Compliance Management (CM).

     o    Actual work on the RD will commence with the  issue of
          an administrative  order, the lodging or entering  of
          the CD depending on the terms of the CD, or with  the
          funding of a Fund-lead RD.

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 RA Implementation

      o    This  step is  the  sixth  step  in  the  site management
           process.

      o    The step  includes RA  Implementation (RA)  and
           Compliance Management (CM).

      o    The RA  will commence  after the  completion of  the RD
           phase.


 Community  Relations

      o    Community Relations activities  commence after the
           decision  re:  RI/FS lead  is  made, and will continue
           throughout the RI/FS, RD/RA  process.

      o    This  includes Community Relations Plan Preparation
           (CRPR), a Public  Comment  Period (PC), and Community
           Relations Plan Revision (CRP).

      o    The Administrative Record File  will be opened after
           the RI/FS work plan is  approved an  will be updated
           periodically.

      o    During  the RI/FS  process,  fact  sheets will be prepared
           and public meetings will  be  conducted.

      o    The final Public  Meeting  will occur during the Public
           Comment period after  distribution of the  Proposed
           Plan.

      o     The CRP is revised after  the conclusion of RD/RA
           negotiations.

     o     This process will  terminate with completion of site
           cleanup activities.

Cost Recovery

     o     Cost Recovery activities  also continue throughout the
           entire RI/FS process.

     o     Important  milestones  include:

          _    Opening of the cost  documentation file concurrent
               with  initiation of the PRP Search.

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                              OSWER DIRECTIVE NUMBER: 985
Obtaining documentation of removal costs prior t!
RI/FS negotiations

Update of documentation on past costs as the
RI/FS activities are completed.

Issuance of written demands in connection with
the completion of each major phase of response
activity and with the initiation of new phases.

Issuance of written demands for oversight costs
annually;

Referring actions within one year after
completion of conventional removal actions and
shortly after the execution of a contract for RA,
but in no event later then two quarters before
the statute of limitations date.
                 8

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                     LEGEND

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