United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9260.1-9
TITLE: Delegation of Renedy Selection to Regions
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE:
B FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
Supersedes 9260.1-7 and 9260.1-8
March 24, 1986
March 24, 1986
OSVJER / OERR
OSWER OSWER OSWER
E DIRECTIVE DIRECTIVE
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SEPA
Wasnmgton. DC 20460
OSWER Directive Initiation
Request
Name of Contact Person
Steve Golian-
Lead Office
G3 OEflR
D OSW
D
D
D
OUST
OWPE
AA-CSWES
WH-548E
Aoorovea
interim Oirtctcve Numesr
Teiennone Numoer
475-6703
for Review
Signature of Office Director
Date
Title
Delegation of Remedy Selection Regions
Summary of Directive
This directive is to delegate remedy selection decisions to the RA.
This directive gives two recommendations for each decision
document expected in the next quarter:
1) -Delegate remedy selection to the RA with AA-OSWER consultation; or
2) Retain remedy selection with AA-OSWER.
70 fata,
ype of Directive tMtnutl. Policy Qirtciiv*. Announcement. »te.l
Policy directive
Status
Drift
Q Final
New
Revision
oes :nis Director* Suo«r»*ea f*rtY»cua Oirecirve
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\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
f WASHINGTON, D.C. 20460
MAR 2 4 1986
OFFICE OF
SOLID WASTE AND EMERGENCV RESPONSE
9260.1-9
MEMORANDUM
SUBJECT: Delegation ofxjRemedy Selection to Regions
FROM: J. Winston 'Porter
Assistant Administrator
TO: Regional Administrators
Regions I-X.
This memorandum presents revisions to the Record of Decision
(ROD) delegation procedures designed to streamline the process
and to achieve the FY '86 target of Regional Administrator signa-
ture on 90 percent of all selection of remedy documents. Current'
procedures require the submission of a Delegation Analysis Summary
(DAS) following completion of the Remedial Investigation. The
Office of Emergency and Remedial Response (OERR) or the Office of
Waste Programs Enforcement (OWPE) now evaluates the DAS against'
delegation criteria and consults with each other and the Office of
General Counsel (OGC). Approved requests were issued periodically
in Remedy Delegation Reports. Last year we had a target of 60
percent ROD delegations but actually 80 percent of all RODs signed
were Regionally approved.
FY '86 Delegation Procedures
The Regional Administrator (RA) is requested to submit
recommendations for remedy selection decisions quarterly to the
Assistant Administrator of the Office of Solid Waste and Emergency
Response (AA-OSWER). For each site, the Region is requested to
submit a simple, one-page summary of relevant information and
issues concerning the site response, with the Regional
recommendation for delegation (see Attachment 1). The RA has
two options to consider:
Option 1 - Recommend the AA-OSWER retain selection of remedy
authority.
The AA-OSWER would be the remedy selection official for
those decisions which could involve:
1) Fund balancing (where the total cost of all site response
is expected to exceed $40 million);
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9260.1-9
-2-
2) Major public interest exceptions (used by enforcement as
an exception to the compliance with other environmental
laws) ; or
3) Major precedent-setting or nationally significant
circumstances, including those decisions at enforcement
(or responsible party) lead sites which are nationally
managed or nationally significant.
Option 2 - Recommend the AA-OSWER delegate selection of remedy to
the RA.
In most cases, the RA would be delegated the remedy selection.
However, once delegation occurs, ongoing consultation between
the regional project manager and the Headquarters regional
coordinator should not diminish. Moreover, there are some areas
of special interest where consultation might be more appropriate
at higher levels includi-ng:
1) Ground water contamination due to multiple sources;
2) Betterment (when State preferred remedy is more expensive
than cost-effective alternative); . \
*
.--... 2-) putrHrc — rreter-est exception;- or
4) Precedent-setting or nationally significant circumstances.
In submitting recommendations for delegation, the Region
should provide its view on the appropriate level of consultation
beyond the current levels of Regional/and Headquarters discussions
(see Attachment 1).
Implementation
Each Region is requested to submit recommendations for third
quarter decisions to this office by April 4. Upon receipt of
the letter of recommendation, OERR/OWPE will evaluate RA
recommendations and prepare as soon as possible a remedy delegation
report (RDR) listing those sites for which remedy selection is
to be delegated. A sample RDR is attached as Attachment 2.
Point of Contact
If you have any questions concerning the new procedures,
please contact Steve Golian (FTS 475-6703) of OERR or Frank Russo
(FtS 382-4838) of OWPE.
Attachments
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9260.1-9
Attachment #1
Delegation Briefing
Leetown Pesticides
Jefferson County, West Virginia
Delegation Criteria:
General remedial measures in which off-site contamination is
limited.
Site Description:
0 Site is composed of eight areas of concern relative to
surface disposal of pesticides, agricultural use of
pesticides and landfilling.
0 Remedial Investigation found that only three of the
areas have DDT levels above health-based soil levels.
0 The three affected areas are not presently being used
for agricultural purposes. These areas would pose a
potential health risk via dermal/inhalation exposure of
contaminants to farmers who may be plowing, tilling or
harvesting in the future.
0 Ground water is not contaminated at Leetown. .
Issues; ' .
\/ ° Although the orchard areas (outside of the 3) have conta-
mination above the 10~6 level, the Region is proposing no
action for these areas. The levels in these orchard areas
are similar to mean residue levels in U.S. orchards.
0 The site area is underlain by a highly folded carbonate
rock layer and does not meet the conditions for siting a
hazardous waste facility. Due to the immobile nature of
the contaminants, Region may still consider on-site
respose actions.
0 Anaerobic decomposition . is being considered for remediation
of contaminated soils.
Recommendation;
It is recommended that the selection of the remedial action
be delegated to the Regional Administrator [with consultation between
Regional Branch Chief and appropriate Headquarters Division Director].'
^/ National background level for arsenic in apple orchards calculated
to pose a 10~3 risk; precedent-setting issue on level of cleanup
under CERCLA for apple orchards.
* Optional depending upon the proposed site remedy and
consultation criteria.
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9260.1-9
Attachment #2
New RDR Format
MEMORANDUM
SUBJECT: Remedy Delegation Report
FROM: J. Winston Porter
Assistant Administrator
TO: Regional Administrators
Regions I-X
!
I have reviewed your recommendations for delegation and
summary back-up information on the issues. Delegation decisions
are presented below,
Delegated to RA
Site A, Region I - source control of lagoons, landfills and
soils
Site B, Region II - management of ground water migration
(consultation between Regional Branch
Chief and Hazardous Site Control Division
Director)
Site C, Region V - stabilization of lagoons
Retained for AA-OSWER approval
Site D, Region VI - ground water contamination due to multiple
sources (with Fund-balancing consideration!
Further questions should be addressed to ....
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