x> EPA
                United States
                Environmental Protection
                Agency
             Office of
             Solid Waste and
             Emergency Response
DIRECTIVE NUMBER:  9320.2-3B

TITLE: Update to the "Procedures for Completion and
     Deletion of National Priorities List Sites"
     Guidance Document Regarding the Performance of
     Five-Year Reviews.
APPROVAL DATE:     December 29, 1989
                EFFECTIVE DATE:

                ORIGINATING OFFICE:

                (2 FINAL

                D DRAFT

                  STATUS:
                REFERENCE (other documents):
                December 29, 1989

                Superfund
  OS WER       OS WER      OS WER
/£    DIRECTIVE    DIRECTIVE   D

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                                Washington. DC 20460
                QSWER Directive Initiation Request
                             1. Directive Number

                               9320.2-3B
                                2. Originator Information
     Name of Contact Person
       Betti VanEpps,  SDC
Mail Coda
 OS-240
Office
 OERR/OPM/MSDS
Telepftone Coda
 475-8864
     3. Tale
       Update to the "Procedures for Completion and Deletion of National Priorities List
       Sites" Guidance Document Regarding the Performance of Five-Year Reviews
       (Superfund Management Review: Recommendation No. 2)	
     4. Summary of Directive (include brief statement of purpose)
      This memorandum:  (1) implements Recommendation No. 2 contained in the Administrator1.
      Management Review? (2)  is a necessary follow-up to the October 30, 11989
      Jonathan Cannon, Acting Assistant Administrator/ policy directive to EPA Regional
      Administrators which explains which sites will require five-year reviews, and how the
      policy  wil affect deletions.
5. Keywords
UNO [_
b. Does It Supplement Previous Directive^)? 1 I |~~
\ 	 |No



j Yes What directive (number, tide)
MM
Yes What directive (number. We)

7. Draft Level ^_
|[ A-SlgnedbyAA/DAA [v | B- Signed by Offlca Director [ | C- For Review & Co
fTVTIaWlt 1 1 ft _• *"" f*i — — i 	 _- ^_ .
IIIIIVK I i u — vi uvrvopcTetnc

8. Document to be distributed to States by H<
^•a
jadquartera?

>«• n^

This Requeat Maata OSWER Olraetlvaa Syatam Format Standards.
9. Sgnatura of Lead Office Directives Coordinator
Betti VanEpps, Superfund Documents Coordinator
10. Name and Title of Approving Official
Henry L. Longest II, Director
Office of Emergency and Remedial Response
Date
December 29,
Date
December 29,
1989
1989
     EPA Form 1315*17 (Rev. 5-»7) Previous editions are obsolete.
   OSWER          OSWER               OSWER              O
VE     DIRECTIVE         DIRECTIVE        DIRECTIVE

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             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON. D.C. 20460
      0£C
                      1S8S
                              OSWER Directive 9320.2-3B
MEMORANDUM
                                             SOLID WASTE AND EMERGENCY
SUBJECT:
FROM:
                                                           2)
TO:
Update to the "Procedures for Completion and
Deletion of National Priorities List Sites"
Guidance Document Regarding the Performance of
Five-Year Reviews
(Superfund Management Review: Rejpbmmegjfation No.

Henry L. Longest II, Director
Office of Emergency and

Bruce M. Diamond, Director
Office of Waste Programs Enforcement

Director, Waste Management Division
    Regions I, IV, V, VII, and VIII
Director, Emergency and Remedial Response Division
    Region II
Director, Hazardous Waste Management Division
    Regions III, VI, and IX
Director, Hazardous Waste Division
    Region X
PURPOSE
     This memorandum  incorporates  into  the  "Procedures  for
Completion and Deletion of National  Priorities  List  Sites"
guidance document  (OSWER Directive 9320.2-3A) EPA's  policy to
conduct at least one  Five-Year Review prior to  deleting sites  from
the National Priorities List  (NPL).   This memorandum:  (1)
implements Recommendation No. 2 contained in the Administrator's
Management Review;  (2) is a necessary follow-up to the  October 30,
1989 Jonathan Cannon, Acting Assistant  Administrator, policy
directive to EPA Regional Administrators which  explains which
sites will require  five-year reviews, and how the policy will
affect deletions; and (3) identifies how EPA will administratively
amend thm deletion  process to account for this  policy directive.

BACKGROUND

     On October 30, 1989, the Acting Assistant  Administrator for
the Office of Solid Waste and Emergency Response  (OSWER) issued a
policy directive concerning the performance of  CERCLA 121(c) Five-
year reviews and the  relationship  of such reviews to the deletion
of sites from the NPL.  This policy  directive noted  that EPA will
ensure that five-year reviews are  conducted for all  remedial
actions which result  in hazardous  substances, pollutants,  or

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                               - 2 -


contaminants remaining at the site above levels that allow for
unlimited use and unrestricted exposure.  This means that EPA vi]
conduct reviews of a remedial action unless the site has been
cleaned to at least health-protective levels and such levels allow
for unlimited use and unrestricted exposure.  Consequently, EPA
will conduct five-year reviews of all remedies requiring any access
or land-use restrictions or control, including remedies that attain
health-protective levels for the current use, but which include
restrictions on activities due to limits on exposure.  Reviews will
begin no more than five years after the initiation of a remedial
action.  The directive set out the policy that a site subject to
five-year reviews should generally not be deleted from the NPL
until at least one such review has been conducted following
completion of all remedial actions at a site (except operation and
maintenance) .

     Although SARA provides that CERCLA Section 121  (including 121
(c)) applies only to actions resulting from RODs signed post-
SARA, the policy directive also notes that EPA believes as a
matter of policy that it would be inappropriate to distinguish
between pre- and post-SARA RODs in determining whether to conduct
five-year reviews.  Furthermore, also as a matter of policy, EPA
will examine previously deleted sites to assess the
appropriateness of conducting five-year reviews for those remedial
actions which result in hazardous substances, pollutants, or
contaminants remaining above levels that allow for unlimited use
and unrestricted exposure.  The purpose of such an examination
would be to determine whether such remedies remain protective.

     EPA is also currently developing guidance on the nature and
extent of five-year reviews.  EPA will revise and reissue the
guidance on deletion/completion of NPL sites upon the issuance of
the guidance on five-year reviews, which is expected in 1990.
     The following update of the April 1989 OSWER Directive
9320. 2-3A, "Procedures for Completion and Deletion of NPL Sites",
provides the administrative requirements which should be followed
prior to deletion of sites from the NPL as a result of EPA's
October 30, 1989 Five-Year Review policy directive.  Effective
immediately, these procedures should be followed for all sites
affected by the Five-Year Review policy.  Any questions regarding
the attached update may be directed to Ed Hanlon of OSWER 's
Hazardous Site Control Division (HSCD) at FTS: 475-9753.  Until
the completion/deletion guidance is fully revised and reissued,
please contact Allen Dotson, HSCD, at FTS: 382-5755, to determine
the current policy on five-year reviews.

Attachment

CC:  Regional Superfund Branch Chiefs
     Offices of Regional Counsel - Regional Branch Chiefs

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                                                 Attachment
                                        DSWER Directive 9320.2-3A.
             •Procedures for Coapletion and Deletion of
               National Priorities List Sites
1. Disclaimer. "Notice."
a)   Page ii.  Add the following as the second paragraph:

     "The policies set out in this memorandum are intended
     solely for the guidance of Government personnel.  They
     are not intended, nor can they be relied upon, to create
     any rights enforceable by any party in litigation with
     the United States.  EPA officials may decide to follow
     the guidance provided in this memorandum, or to act at
     variance with the guidance, based on an analysis of
     specific site circumstances.  The Agency also reserves
     the right to change this guidance at any time without
     public notice."

2. Chapter 1. "Introduction." f nu»ndnu>ffl«- •

a)   Page 2.  Add the following as the fifth paragraph under
     Introduction;

     "EPA will ensure that five-year reviews are conducted at
     all sites at which a selected remedial action results in
     hazardous substances, pollutants, or contaminants
     remaining at a site above levels that allow for unlimited
     use and unrestricted exposure.  EPA will generally not
     delete a site for which five-year reviews are required
     until one such review has been conducted following
     completion of all remedial actions at a site (except
     operation and maintenance) .  EPA Headquarters also
     intends to revise and reissue this guidance (OSWER
     Directive 9320. 2-3A, as amended December 29, 1989) when
     the final policy on when and how to conduct five-year
     reviews is released.  Until the reissuance of this
     completion/deletion guidance, EPA Regions should consult
     with BPA Headquarter ' s Hazardous Site Control Division to
     determine when and how the five-year reviews should be
     considered and conducted."

3. Chapter 2. "Site Completion." Amendments;

a)   Page 3.  Add the following as the second paragraph under
     the sub-heading: "Final Operable Unit Remedial Actions":

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                               - 2 -
     "For Fund-financed remedial actions, the lead and
     support agencies should conduct a joint inspection at
     the conclusion of construction of the remedial action
     and.concur through a joint memorandum that (a) the
     remedy has been constructed in accordance with the ROD
     and with the remedial design, and (b) a period for
     evaluating the operation of the remedy commences at that
     time, and should continue until the completion of any
     activities necessary to ensure that the remedy is fully
     operational and functional.  Once the remedy is
     considered operational and functional by the party
     contracting for construction, a Remedial Action Report
     should be prepared by the party contracting for
     construction to officially provide its assurance that
     the work was performed within desired specifications,
     and is considered operational and functional.  The lead
     and support agencies should then conduct a joint
     inspection and execute a joint memorandum accepting the
     Remedial Action Report."

b)   Page 3.  Change the second sentence under the subheading
     "No Action Sites" as follows:

     "It does not include sites with ROOs requiring only
     monitoring or institutional controls; these types of
     sites will be considered "Limited Action Sites" which
     will require five-year reviews to ensure protection of
     human health and the environment".

c)   Page 3.  Add the following to the third sentence under
     the subheading "No Action Sites":

     "...have been addressed (e.g., O&M assurances, need for
     five-year reviews, and institutional controls)."

d)   Page 5.  The following new text will supersede the old
     text of the "LTRA sites" subsection:

     "Long Tern Response Action fLTRA) Sites

         An "Interim Close Out Report for LTRA Sites",
     prepared by the Region and approved by the RA, will be
     required of all LTRA sites.  This report will contain
     final information for all completed operable units at
     the site and describe the LTRA activities to be
     performed, the cleanup levels to be achieved for the
     LTRA portion of the site, and any five-year review
     responsibilities (as discussed in the next section).
     This report will act as the determining factor for
     designating sites as LTRAs on the NPL and for internal
     Superfund tracking.  In addition, once a ground or
     surface water restoration LTRA operable unit is operating

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     as designed, States may assume responsibility for
     operation of the LTRA.

         The "Interim Close Out Report for LTRA Sites" will
     be amended when cleanup levels are achieved to include
     final information for the LTRA operable units of the
     site in order to satisfy completion requirements.  The
     "Interim Close Out Report for LTRA Sites" and the
     amendment together will constitute the final Close Out
     Report for the site.  The LTRA site vill then be
     recategorized on the NPL as either a "Site Awaiting
     Deletion" or a "Five-Year Review site""

e)    Page 5.  The following new text will be added as a
     separate subsection after the "LTRA sites" subsection:

     "Five-Year Review Sites

         An "Interim Close Out Report for Five-Year Review
     Sites", prepared by the Region and approved by the RA,
     will be required of all Five-Year Review sites (this may
     incorporate by reference interim or final Close Out
     Reports already prepared).   This report will contain
     final information for all completed operable units at the
     site and describe the Five-Year Review activities to be
     performed.  This report will also act as the determining
     factor for designating sites as Five-Year Review sites on
     the NPL and for internal Superfund tracking.  This report
     will be amended when at least one five-year review has
     been conducted following the completion of the remedial
     action (except operation and maintenance), and any
     appropriate actions have been taken to ensure that the
     site remains protective of human health and the
     environment.  The "Interim Close Out Report for Five-Year
     Review Sites", and the amendment, together will
     constitute the final Close Out Report for the site.
     States may conduct five-year reviews under/pursuant to
     Cooperative Agreements or Superfund State Contracts with
     EPA, and submit five-year review reports to EPA.

         For LTRA's such as bioremediation, flushing,  and
     groundvater pump and treat where health-based levels may
     not b« achieved on site for an extended period of time
     during and/or after site remediation, EPA will conduct
     five-year reviews from the date on which the first
     contract is awarded for work to install, construct, or
     implement the LTRA operable unit.  Even at sites that
     are expected to achieve health-based levels at the
     completion of remedial action, EPA will, as a matter of
     policy, assure the conduct of five-year reviews when the
     remedial action will require more than five years to
   .  complete.

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                               - 4 -
         An Interim Close Out Report for Five Year Review
     Site* would be required, for example, for a landfill
     closure site which is not an LTRA site.  However, one
     Interim Close Out Report may be prepared for those sites
     which are designated both as an LTRA as well as a five-
     year- review site.  In these cases, the Interim Close Out
     Report will be amended twice, as follows: (a) when at
     least one five-year review has been conducted following
     the completion of the remedial action (except operation
     and maintenance), and any appropriate actions have been
     taken to ensure that the site remains protective of human
     health and the environment; and (b) when the LTRA cleanup
     levels are achieved, to include final information for the
     LTRA operable units of the site in order to satisfy
     completion requirements."

4.  Chapter 3. "The Close Out Report." Aaep«*»«f "t*.s:.

a)    Page 7.  Add the following separate category (as
     component 6)  to the listed components which are
     necessary to be addressed in the Close Out Report:

     "6) Five-Year Review

     o   Statement explaining: (a) that at least one
         five-year review has been conducted following
         completion of all remedial actions at the site
         (except operation and maintenance), and that any
         appropriate actions have been taken to ensure
         that the site remains protective of human health
         and the environment; or (b) why no five-year
         review was required.  (EPA Headquarters will
         revise and reissue this completion/deletion
         guidance when the final policy on when and how to
         conduct five-year reviews is released.  Until the
         reissuance of this guidance, EPA Regions should
         consult with EPA Headquarter's Hazardous Site
         Control Division to identify when and how the
         five-year reviews should be considered and
         conducted.)

     o   Assurance that, where appropriate, an acceptable
         and detailed workplan is in place for the
         performance of future five-year reviews, and is
         sufficient to determine whether the
         protectiveness of the remedy(s) for each operable
         unit, and of the site as a whole, is maintained.
         (A five-year review workplan may be incorporated
         into the operation and maintenance assurance
         agreements and workplans.)

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                               - 5 -
b)   Page 8, Exhibit 2.  Add the following item to the
     "Contribution to Close-Out Report" section across from
     the "Remedial Action" cleanup activity:

     "o  Five-year review plan, where appropriate"



a)   Page 10.  Add the following paragraphs after the third
     deletion criteria:

         ."In addition to the above, for all remedial actions
     which result in hazardous substances, pollutants, or
     contaminants remaining at the site above levels that
     allow for unlimited use and unrestricted exposure, it is
     EPA's policy that sites should generally not be deleted
     from the NPL until at least one five-year review has been
     conducted following completion of all remedial actions at
     a site (except operation and maintenance), any
     appropriate actions have been taken to ensure that the
     site remains protective of public health and the
     environment, and the site meets EPA's deletion criteria
     as outlined above.  EPA must also assure that five-year
     reviews will continue to be conducted at the site until
     no hazardous substances, pollutants, or contaminants
     remain above levels that allow for unlimited use and
     unrestricted exposure.  States may conduct five-year
     reviews under/pursuant to Cooperative Agreements or
     Superfund State Contracts with EPA, and submit five-year
     review reports to EPA.

         An exception to this requirement involves situations
     where a Consent Decree contained language specifically
     committing EPA to delete a site from the NPL upon
     completion of certain response activities.  In such
     cases, EPA Regions must consult with EPA Headquarters
     prior to initiation of any deletion activities.  However,
     such an exception would apply only to the general policy
     of not deleting sites before completion of the first
     fiv«-y«ar review, not to the requirement to conduct
     reviews.  EPA would still need to assure that five-year
     reviews will be conducted at the site.  Given the October
     30, 1989 policy directive from the Acting Assistant
     Administrator for OSWER regarding the performance of
     five-year reviews and their relationship to the deletion
     process, Consent Decrees should now require one five-year
     review following the completion of the remedial action
     (except operation and maintenance) before deletion."
6.

a)
Page 10.  Revise the first sentence of the first
paragraph as follows:

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                               - 6 -


     "Th« deletion process may begin after approval of the
     Close Out Report by the RA, and after RA and/ or the
     State's approval of at least one five-year review at
     those sites which require five-year reviews."

b)   Page 11, Exhibit 3.  Add the following step immediately
     under the "Approved Close Out Report" step:

     "Where Appropriate, Conduct At Least One Five-Year
     Review"

c)   Page 12.  Add the following immediately under "Close Out
     Report" in the suggested list of documents for the
     deletion docket:

     "Initial Five-Year Review report, where appropriate"

d)   Page 13.  Add the following separate bullet item to the
     "Supplementary Information: Item IV - Basis for Intended
     Site Deletion (s) " section, immediately under the
     description of O&M procedures:

     "Description of the results of the initial five-year
     review, where appropriate, as well as reasoning for the
     need for future five-year reviews, and plans for
     performance of such reviews, in accordance with EPA's
     requirements for protectiveness at the time of each
     future review. "

7 . Appendix A. "Completion Process Diagrams.* Amendment:

a)   Pages A-l through A-4.  Add the following immediately
     above the "NPL Deletion" item in the "Completion
     Scenario" charts for Remedial Sites, LTRA Sites, No
     Action Sites, and Removal Sites:

     "Where Appropriate, Conduct At Least One Five-Year
     Review"
8 .  Appandiv B- "role Close Out Reort."
a)   Pag* B-6.  Add the following separate chapter, as the
     n«tr Chapter V, prior to the " PROTECTIVENESS " Chapter, to
     provide a summary of the Five-Year Review which, if
     appropriate, was conducted, and what actions, if any,
     were taken as a result of that Review, as follows:

     "V.   SUMMARY OF FIVE YEAR REVIEW STATUS

         Consistent with the requirements of the October 30,
     1989 policy directive from the Acting Assistant
     Administrator for OSWER which describes EPA's general
     policy of not deleting sites before completion of the

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                               - 7 -


     first five year review following completion of all
     remedial actions at a site  (except operation and
     maintenance), a five year review was completed and
     signed by the EPA Region IX Office on 	.  Based
     on the findings of this five year review, EPA and the
     State of California have determined that all remedial
     actions conducted at the site remain protective of
     public health, welfare, and the environment.

         EPA Region IX entered into a Superfund State
     Contract with the State of California on 	 to
     assure the performance of future five-year reviews at
     this site by the State.  An acceptable and detailed
     workplan is in place for the performance of future five-
     year reviews.  This workplan has been incorporated into
     the operation and maintenance plan already in place.  If
     necessary, it will be revised at the time of each five-
     year review."

9.  Appendix C. "Sample Notice of Intent To Delete." Ap^rid-ments

a)    Page C-3.  Add the following paragraphs after the third
     deletion criteria under Chapter II:

         "In addition to the above, for all remedial actions
     which result in hazardous substances, pollutants, or
     contaminants remaining at the site above levels that
     allow for unlimited use and unrestricted exposure,  it is
     EPA's policy that sites should generally not be deleted
     from the NPL until at least one five-year review has been
     conducted following completion of all remedial actions at
     a site (except operation and maintenance), any
     appropriate actions have been taken to ensure that the
     site remains protective of public health and the
     environment, and the site meets EPA's deletion criteria
     as outlined above.  EPA must also assure that five-year
     reviews will continue to be conducted at the site until
     no hazardous substances,  pollutants, or contaminants
     remain above levels that allow for unlimited use and
     unrestricted exposure.  States may conduct five-year
     reviews under/pursuant to Cooperative Agreements or
     Superfund State Contracts with EPA, and submit fiv.  -year
     review reports to EPA.

         An exception to this requirement involves situations
     where a Consent Decree contained language specifically
     committing EPA to delete a site from the NPL upon
     completion of certain response activities.  In such
     cases, EPA Regions must consult with EPA Headquarters
     prior to initiation of any deletion activities.   However,
     such an exception would apply only to the general policy
     of not deleting sites before completion of the first
     five-year review,  not to the requirement to conduct

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     reviews.  EPA would still need to assure that five-year
     reviews will be conducted at the site.  Given the October
     30, 1989 policy directive from the Acting Assistant
     Administrator for OSWER regarding the performance of
     five-year reviews and their relationship to the deletion
     process, Consent Decrees should now require one five-year
     review following completion of the remedial action
     (except operation and maintenance) before deletion."

b)   Page C-3.  Add the following as the new procedure 1.
     under Chapter III:

     "1.  EPA Region II entered into a Superfund State
     Contract with the State of New Jersey to conduct five-
     year reviews at this site.  New Jersey conducted the
     first five-year review on 	.   EPA and the State
     find that the remedy continues to provide adequate
     protection of human health and the environment.

c)   Page C-5.  Add the following after the sentence
     beginning with °A five year..." in the paragraph
     beginning with "The institutional controls...", and
     delete the existing last sentence which begins "That
     Program...":

     "EPA Region II entered into a Superfund State Contract
     with the State of New Jersey to conduct five-year
     reviews at this site.  New Jersey conducted the first
     five-year review on 	.   EPA and the State find
     that the remedy continues to provide adequate protection
     of human health and the environment.

         An acceptable and detailed workplan is in place for
     the performance of future five-year reviews.  This
     workplan has been incorporated into the operation and
     maintenance plan already in place, and has been
     sufficiently prepared to allow the EPA and the State of
     New Jersey to determine whether the protectiveness of
     the remedy for the site will be maintained over time.
     If necessary, it will be revised at the time of each
     fiv»-y«ar review."

10.

a)   Page E-l.  Change the last sentence of the SUMMARY
     section as follows:

     "Moreover, EPA and the State of 	 have determined
     that remedial actions conducted at the site to date
     remain protective of public health, welfare, and the
     environment."

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