&EPA
                United States
                Environmental Protection
                Agency
             Office of
             Solid Waste and
             Emergency Response
DIRECTIVE NUMBER: 9320.3-04
TITLE: Guidance for Proposed National Priorities List
    Update S3
                APPROVAL DATE: Decentoer 10, 1984
                EFFECTIVE DATE: Decentoer 10, 1984
                ORIGINATING OFFICE: OERR/HSCD
                  FINAL
                D DRAFT
                  STATUS:

                REFERENCE (other documents):
  OSWER       OSWER       OSWER
/E   DIRECTIVE    DIRECTIVE    D

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                                                 •
     \        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
     °                    WASHINGTON, D.C. 20460
'•    -

                              DEC i 0 ;334
                                                           OFFICE OF
                                                  SOLID WASTE AND EMERGENCY RESPONSE
                                                          \

                                                 OSWER Directive 9320.3-4
    MEMORANDUM
    SUBJECT: iGuldantffti£oD Proposed NPL Update #3 - February 1985

              ZjSe n~* TnOujflS I      •
             .Assistant Administrator
    TO:       Regional Administrators
              Regions I-X


    Introduction

         The Comprehensive Environmental Response, Compensation and
    Liability Act of 1980 (CERCLA) requires that -the National
    Priorities List (NPL) be updated at least annually.  Most
    recently, EPA published NPL Update #2 proposal in the Federal
    Register on October 15, 1984.  The next proposed update to the
    NPL, Update #3, is scheduled for February 1985.  The purpose of
    this memorandum is to discuss the schedule and scope of the next
    update.

         Following the October 1984 proposal of Update #2, Regional
    Superfund managers and staff met in Washington to discuss various
    options for increasing the frequency of updating the NPL and
    procedures to improve the process.  Although a complete analysis
    of the issues discussed at this meeting has not been completed,
    we believe that there is sufficient demand in the Regional
    programs to Justify a third proposed update to the NPL as early
    as February 1985.  A proposed fourth update is currently being
    planned for June 1985.


    Scope of Update #3

         The purpose of proposed Update #3 is to allow Regions to
    submit sites that were not completed in time for inclusion in the
    Update #2 proposed rule in October 1984.  Because of the short

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                        OSWhK  Directive 9320.3-04

                               -2-
 schedule and limited Regional, Headquarters, and quality assurance
 (QA) resources, we expect to have a limited number of sites (50-75
 nationwide) submitted for Update #3.  We expect a much larger
 number of sites' to be submitted for proposed Update #4 in June of
 1985.


 Eligibility

     In order to assure our mutual awareness of sites entered into
 the QA process, we are requesting that sites (including Federal
 facilities) which have passed Regional quality control (QC) be
 transmitted by the Regional Division Director prior to the initia-
 tion of the Headquarters QA review.  Sites that have previously
 been submitted for QA for earlier NPL proposals must also be resub-
 raitted by the Regional Division Director.  Prior to proposed rule-
 making, Headquarters will provide to the Regional Division Directors
 a list of sites that have passed QA and considered eligible for
 proposed Update #3.  This list should be reviewed by you and then
 transmitted under your signiture to me.

     Because of the short time frame, we will limit our considera-
 tion for Update #3 to classic NPL industrial waste sites as opposed
 to sites for which complex policy issues have yet to be resolved.
 Such sites may be considered in following updates when more time
 is available to resolve issues or develop appropriate policies
 for N.PL listing.

     Categories of sites that will not be considered for listing
 on proposed Update #3 are RCRA sites (non-regulated units associated
 with active RCRA facilities) and sites where releases occurred as
 a result of the application of pesticides registered under the
 Federal Insecticide, Fungicide and Rodenticlde Act (FIFRA).  The
 policy which permitted the listing of RCRA facilities Is currently
 under review following the recent RCRA reauthorization.   The Agency
 intends to discuss the various options regarding the existing RCRA
 sites on the NPL as well as the listing of additional RCRA sites
 in a Federal Register notice and seek public comment on the various
proposals.

     The proposed listing of six Hawaii pesticide sites in the
October 1984 NPL Update #2 represented a new category of sites for
 Inclusion on the NPL.  A1* discussed in the preamble to Update #2
 (49 PR 40320,  October 15, 1984),  the Agency is currently seeking
public comment on the appropriateness of listing such FIFRA sites
 on the NPL.  Therefore,  the Agency will not consider listing any
 such sites for the Update #3 proposed ruleraaking.

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                         OSWER  Directive 9320.3-04
                               -3-
 Schedule

     Sites that have passed Regional QC review and transmitted by
 the Regional Division ^Director must be submitted to Harold Snyder>
 Chief, Discovery and Investigation Branch by December 31, 1984, in
 order to .be eligible for QA review.  Because .of the resource
 requirements of responding to comments on proposed Update #2, the
 QA resource for Update #3 will be limited.  Regions are strongly
 encouraged to submit only well prepared, completely documented
 HRS packages prior to the December 31, 1984, deadline..  Sites
 which fail QA and are not corrected by the Regions in time for a
 second QA review, and sites submitted beyond the resources available
 for QA will not be considered for Update #3-  Such sites may be
 resubmitted for proposed Update #4, which is currently planned
 for June 1985.

     December 31 - Deadline for HRS package submissions
     January 27 -  QA Ends.  Deadline for completed HRS packages
     February 3 -  Regional Division Director receives list of
                   eligible sites
     February 10 - Regional Administrator transmits memo to AA,
             x|     OSWER, recommending sites
     February >3 - Start Agency-wide Red Border & OMB review

     An HRS package will not be considered for proposed rule-
making until QA is complete, all appropriate HRS documents have
 been received, and a site narrative summary has been approved by
 Headquarters.  In order to streamline the narrative summary
process, we recommend the following:

 1)   Use the attached outline for narrative summaries to
     ensure that the information is complete and consistent across
     all sites.  If Regional staff has any questions regarding
     the narrative summaries, they should contact Irene Klefer
     (FTS-382-3335).

 2)   Commit enforcement personnel from the Office of Regional
     Counsel to review each narrative to ensure that no enforcement
     confidential information is included.

     I believe that proposing additional sites by the end of
February 1985 will help alleviate the pressures you may now have
to propose additional sites.  We can meet this goal only if we
work closely together to focus on a limited number of sites which
have high quality and complete HRS packages and stay within the
dates indicated in this memo.  We appreciate your hard work on
previous NPL proposals and look forward to your assistance on
 this one.  If you have any questions, please contact Scott Parrish
 (FTS 475-8103).

Attachments

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