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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
FEB 2 !993
OSWER DIRECTIVE 9202.1-14
MEMORANDUM
SUBJECT: Current National Superfund Program
FROM: Richard J. Guimond, Acting Assistant/
Office of Solid Waste and Emergency Response (OS-100)
Scott Fulton, Acting Assistant Administrat
Office of Enforcement (LE-133)
o
TO: Regional Administrators
Regions I-X
PURPOSE
This memorandum discusses current national Superfund Program
Priorities for Fiscal Year 1993. This memorandum provides guidance
outlining those priorities, both in terms of what we must achieve,
and equally important to our success, how we must achieve it.
BACKGROUND
Increasing programmatic demands at Headquarters and the Regional
Offices, the pending reauthorization of the Superfund program and the
new Administration's need to be informed of our present directions
have made it important that our current programmatic priorities be
defined and clearly communicated. Recent meetings with Regional
Waste Management Division Directors and Superfund Branch Chiefs have
confirmed this need. After careful consideration, the Office of
Solid Waste and Emergency Response (OSWER) and the Office of
Enforcement (OE) have reached a consensus regarding Superfund's major
program priorities. This memorandum provides guidance outlining
those priorities, which should govern our operations during the
transition.
This guidance molds national and Regional Superfund program
activities into a unified prioritized order. We believe, as National
Program Managers for Superfund and for Enforcement that it is essen-
tial for Regional and Headquarters staff and management to work
together to meet the priorities (or challenges) described below. A
concentrated cooperative effort will help us meet the challenges we
face.
Prc
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MAJOR SUPERFUND PRIORITIES
1. CONSTRUCTION COMPLETIONS
EPA committed itself in FY-92 to more than doubling (to a
cumulative total of 130) the number of National Priorities List (NPL)
construction completions; tripling this number (to a cumulative total
of 200) by the end of FY-93; and to reaching at least 650 NPL
construction completions by the end of the decade (year 2000). This
commitment (which we exceeded substantially in FY-92) was vital to
presenting our program progress accurately, and is still in effect.
We are counting on the Regions, working with States, to continuously
identify opportunities for expediting construction completions and
response actions for timely site reporting. This will help build the
program's credibility that is vital to Superfund's long-term success.
2. ENFORCEMENT
Regions- should continue to maximize PRP participation in the
removal and remedial programs. As we test out ways to accelerate and
complete cleanup, we should simultaneously test out ways to encourage
PRPs to conduct investigations and cleanups earlier in the process.
Responsible parties have been performing an ever increasing
proportion of response actions at Superfund sites. Creative and
effective use of all relevant enforcement tools is essential to
delivering our construction completions and accelerated cleanup
priorities. Settlements with responsible parties to perform response
actions are preferable where they can be achieved, but Regions should
be prepared to utilize unilateral administrative orders (UAOs) and
judicial actions, including actions for temporary and preliminary
injunctive relief, in appropriate situations, to compel PRPs to
undertake response actions.
Equally important is effective monitoring of PRP compliance with
existing Consent Decrees, Unilateral Administrative Orders and
Administrative Orders on Consent, and taking appropriate enforcement
responses where there is failure or refusal to comply.
While we recognize that enforcement outputs in any given year
are the product of a variety of factors in preceding years, it is
essential that Superfund's highly productive enforcement program not
relax. We will continue to evaluate Regional enforcement performance
on a variety of grounds, including RD/RA negotiation completions,
numbers of civil judicial referrals of RD/RA settlements and cost
recovery actions, unilateral orders in compliance, value of response
actions, and numbers of enforcement actions to compel compliance with
existing orders and decrees.
3. ACCELERATED CLEANUP
The technical complexity of the hazardous waste site problem
coupled with complex Superfund site study and cleanup requirements
have left the Superfund program vulnerable to criticism. Therefore,
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the program must refocus its attention on a few major outcomes that
the public will value. We must ensure the desired outcome is
delivered on time and in terms the public will understand. For this
reason, a new Superfund paradigm, the Superfund Accelerated Cleanup
Model (SACM), is under field demonstration. Major characteristics of
SACM include: (1) Integrated Site Assessment Function. (2) Regional
SACM Teams. (3) Increased Number of Early Actions (immediate threats
to public health and safety will be eliminated first), (4) Long-term
Remediation, and (5) Early Enforcement Actions. We encourage the
Regions to work cooperatively with EPA headquarters personnel to
conduct pilot proposals that test the various facets of SACM, utilize
presumptive remedies, implement soil cleanup standards, consider
voluntary cleanup, and preserve cost recovery opportunities.
4. BASE CLOSURES
Under the Base Realignment and Closure Acts of 1988 and 1990,
113 military installations are scheduled for closure or realignment.
Of this total, 21 sites are on the NPL, and there are a number of
non-NPL sites requiring some degree of decontamination.
State and local communities are very concerned about the effect
of closing installations on the local and regional economy. Faced
with a potential loss of jobs and revenues, they have a strong
interest in expediting the transfer of property. Many fear that EPA
will only hinder the process rather than facilitate transfer and
economic redevelopment.
It has been EPA's experience to date that site remediation at
closing bases is more pressured than at non-closing Department of
Defense (DOD) facilities. Accordingly, the Agency must continue to
assist DOD in assessing these properties, accelerating actions
wherever possible, and ensuring that remedies selected at NPL sites
meet Superfund and National Contingency plan (NCP) criteria. We
remain committed to working with DOD, State/local government, and
private interests in expediting cleanup and supporting responsible
transfers of Federal property to non-Federal parties for reuse and
economic development.
5. ENFORCEMENT FAIRNESS
One of the most pressing matters facing the Superfund Program is
that of ensuring parties who have responsibility for cleanup are
treated equitably. Speedy and fair resolution of their liability is
vital. We have several initiatives ongoing to address these issues;
e.g., De minimis Settlements, the non-settlor initiative and the
voluntary cleanup initiative.
The de minimis initiative is designed to: (1) expedite the
resolution of the liability of small waste contributors, and (2)
complete settlements earlier in the process, preferably before
signing the Record of Decision (ROD). Regions should seek oppor-
tunities for settling with de minimis parties wherever possible.
Guidance was issued on June 2, 1992, suggesting procedures for
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achieving early de minimis settlements; this will be followed by
guidance for settling with very small contributors.
The non-settlor initiative includes timely enforcement through
UAO enforcement or cost recovery including seeking penalties and
treble damages. For all parties who come forward and commit to
cleanup, we should provide vigorous Agency pursuit of non-settlors to
signal our own good faith and commitment to fair and equitable
treatment.
Finally, our success in maximizing PRP participation in cleanup
has generated growing interest in "voluntary" cleanup, e.g. , PRPs
indicating a strong desire to proceed with remediation at sites which
may not be on the Region's agenda for immediate attention. We will
work to develop a comprehensive strategy to encourage and properly
manage voluntary cleanup projects through a variety of Regional
projects.
6 . EFFECTIVE CONTRACT
Scrutiny of Superfund contracts by parties within and outside
the Agency has pointed to the need for an emphasis on good contract
management and made it not only a Superfund priority but also an
Agency-wide priority. We need to continue to implement the recom-
mendations of the Agency Task Force on Alternative Remedial Con-
tracting Strategy (ARCS) contracts, and build a future with reliable
cost-effective contracts across the program through implementation of
the Superfund Long-Term Contracting Strategy. Responsible, trained,
and reliable personnel should be used to oversee the procurement and
administration of these contracts. Senior management involvement is
essential for accountability. We need to change the perception that
Superfund contracts are poorly managed and prove that funds are being
responsibly expended in the public interest.
Staff across program areas must work together and communicate
frequently with their contracting support offices. Contractors must
realize that Superfund program management is serious in its efforts
to effect an appropriate return on investment. Principles of good
contract management must permeate the day-to-day activities of the
program at all levels.
7. COEmUHICATIMG SUCCESS/PUBLIC ZWOLVl!£3BBre
A key component in revitalizing Superfund is a commitment to
convey progress and accomplishment at every opportunity. Stream-
lining and accelerating Superfund cleanup activities will not improve
the public's perception of the program unless the public is well
informed of EPA's progress and meaningfully involved in site deci-
sions. We must invigorate and enhance communications with people
affected at Superfund sites. The Agency is committed not only to
meeting the information needs of local communities but also to
involving the public in site decisions. The focus should be to
recognize citizen and community concerns and communicate with them
early, often, and always. Although we cannot promise that EPA will
do everything the community asks, we can promise to consider their
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major concerns and, where appropriate, incorporate these concerns
into the site decision.
In addition, Headquarters and Regional staff must work together
to develop new methods for describing Superfund success. A number of
projects already underway are designed to supplement Superfund's
traditional communications tools, e.g., press releases and fact
sheets. The new projects include "Superfund Progress" (a national
quarterly report), "Superfund at Work" (site-specific success
stories), "Superfund Response Alerts," and Citizens' Guides to
Innovative Technologies. Our goal is to make information about
Superfund readily available and easily understandable to the general
public, as well as other concerned audiences.
8. INNOVATIVE TECHNOLOGIES
OSWER and OE are seeking to further the use of innovative
treatment technologies to permanently cleanup contaminated sites in
the Superfund, RCRA, and Underground Storage Tank (UST) programs.
According to a prior directive, "...we must invest the necessary
resources and take the risks now to develop the technologies nec-
essary to fulfill the long-term needs of our hazardous waste clean-up
programs." The OSWER directive, which was signed June 10, 1991,
calls for technological leadership and a sense of responsible urgency
to prevent expenditures in pursuing less effective or more costly
remedies.
Innovative treatment technologies should be routinely considered
as an option in engineering studies where treatment is appropriate.
They should not be eliminated from consideration solely because of
uncertainties in their performance and cost. These technologies may
be found to be cost-effective, despite the fact that their costs are
greater than conventional options after consideration of potential
benefits, including increased protection, superior performance,
and/or greater community acceptance. In addition, future sites will
benefit by information gained from the field experience.
Both OSWER and OE strongly support the concept of using Federal
facilities for developing innovative technologies. A good example of
such a project is at McClellan Air Force Base in Region IX where a
Technology Demonstration Center is under development. Federal facil-
ities offer a number of benefits: sole responsible parties, acknowl-
edged liability, controlled sites, funding, and willingness. This is
an area of potentially great opportunity to develop technologies that
reduce the cost and time of cleanup.
SUMMARY
We recognize that all Superfund managers and staff have a lot on
their plate and cannot do everything that all of our customers want
us to accomplish. We hope that this delineation of the major OSWER-
OE Superfund priorities will assist you as you make tough choices
about where to focus your resources and programmatic efforts.
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cc: Deputy Regional Administrators, Regions I-X
Waste Management Division Directors, Regions I-X
Environmental Services Division Directors, Regions I-X
Regional Counsels, Regions I-X
Superfund Branch Chiefs, Regions I-X
Federal Facilities Leadership Council
Thomas L. McCall, Jr., OE
Henry L. Longest, II, OSWER
Bruce M. Diamond, OSWER
Timothy Fields, Jr., OSWER
Walter W. Kovalick, Jr., OSWER
Robert Van Heuvelen, OE
Bill White, OE
Gordon Davidson, OE
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