vF
#
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
FEB 5 IQOf. OFFICE OF
° '^^- SOLID WASTE AND EMERGEN'CV RESPOf.
OSWER Directive #9320.3-1
MEMORANDUM
SUBJECT: CERCLIS Listing
FROM: Henry L. Longest II, Director
Office of Emergency and Remedi
TO: Directors, Waste Management Division
Regions I, IV, V, VII and VIII
Director, Emergency and Remedial Response Division
Region II
Directors, Hazardous Waste Management Division
Regions III and VI
Director, Toxic and Waste Management Division
Region IX
Director, Hazardous Waste Division, Region X
Purpose
To assure rapid entry into the Comprehensive Environmental
Response, Compensation and Liability Information System (CERCLIS)
of locations identified to or by the Agency as potential
hazardous waste release sites.
Background
Recent studies by the General Accounting Office and the
Office of Technology Assessment have alleged that some regional
offices of the Environmental Protection Agency have refused to
place sites identified by the States and the public into the site
assessment process due to resource constraints. The Agency has
not been able to verify the accuracy of these allegations, but
believes that a restatement of its policy on CERCLIS listing is
necessary to assure consistent evaluation of sites across the
country.
Objective
The objective of this memo is to assure that all sites that
are known or suspected to be hazardous waste release sites are
entered into the CERCLIS database as expeditiously as possible.
Preliminary Assessments (PAs) are to be conducted on these sites
within one year. The Regions are to notify Headquarters if
resource problems occur as a result of this policy.
-------
Implementation
Historically, the Superfund program has identified an
average of 2000 sites each year for evaluation from a wide
variety of sources, the largest of which has been the States
(Attachment A). Citizen reports through the National Response
Center have also brought many locations to the attention of the
Agency. These sources have been supplemented since the passage
of the Superfund Amendments and Reauthorization Act (SARA) by the
PA petition process authorized by Section 105(d). A public
education bulletin, Preliminary Assessment Petition. (Attachment
B) was distributed to the Regions in 1988 to assist in informing
the public about this provision and to establish common national
criteria for the processing of these petitions. Additionally,
individual Regional Offices have initiated various types of
"discovery" activities when categories of sites have been
identified as being particularly problematic.
All regions perform some screening of sites, or request that
States screen sites, prior to entering them into CERCLIS. The
most common screen is for duplicate entries. Regions also screen
sites for obvious Superfund statutory .or policy exclusions such
as leaking gasoline tanks and sites subject to RCRA Subtitle C
corrective action authorities. While regions are encouraged to
continue such screening, it must be understood that Agency policy
requires that conservative assumptions be made, e.g., sites
should be listed if there is the slightest doubt about the
applicability of an exclusion. Unless there are unusual
circumstances, identified locations should be entered into
CERCLIS within one month of Agency notification. Resource
constraints are never to be considered a reason for not listing
identified sites.
The Office of Emergency and Remedial Response is now
evaluating the need for a national discovery program. We are
being assisted in this effort by Regions that have completed
their pre-SARA site inspection backlog. The results of all of
the separate evaluations being carried out for this project,
including the resource implications of the various strategies,
will be placed before an Agency workgroup in a 1990-91 timeframe.
Questions you may have concerning either the issue of CERCLIS
entry policy or discovery should be addressed to Larry Reed of my
staff at FTS 475-8602.
Attachment
cc: Larry Reed
Jeff Byron
Betty VanEpps
-------
Region I
Regional Administrator
U.S. Environmental Protection Agency
John F. Kennedy Federal Building
Room 2203
Boston, MA 02203
Connecticut, Maine, Massachusetts,
New Hamsphire, Rhode Island, Vermont
Regional Administrator
U.S. Environmental Protection Agency
26 Federal Plaza
New York, NY 10278
New Jersey, A'ew York, Puerto Rico,
Virgin Islands
Region III
Regional Administrator
U.S. Environmental Protection Agency
841 Chestnut Street
Philadelphia, PA 19107
Delaware, District of Columbia, Mary-
land. Pennsylvania, Virginia, West
Virginia
Region IV
Regional Administrator
U.S. Environmental Protection Agency
345 Counland St. NE
Atlanta, GA 30365
a, Florida, Georgia, Kentucky,
sissippi. North Carolina, South
Carolina, Tennessee
&
Region V
Regional Administrator
U.S. Environmental Protection Agency
230 S. Dearborn St.
13th Floor-(HR-11)
Chicago. IL 60604
Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin
Region VI
Regional Administrator
U.S. Environmental Protection Agency
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX 75202-2733
Arkansas. Louisiana, New Mexico,
Oklahoma, Texas
Region VII
Regional Administrator
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
Iowa, Kansas, Missouri, Nebraska
Region VIII
Regional Administrator
U.S. Environmental Protection Agency
One Denver Place-Suite 500
999 18th Street
Denver, CO 80202-2413
Colorado. Montana. North Dakota,
South Dakota. Utah. Wyoming
Region K
Regional Administrator
U.S. Environmental Protection Agency
215 Fremont Street
San Francisco. CA 94105
American Samoa, Arizona, California.
Commonwealth of Guam, Hawaii,
Nevada, Marianas, Trust Territories
Region X
Regional Administrator
U.S. Environmental Protection Agency
1200 Sixth Avenue
Seattle, WA 98101
Alaska, Idaho, Oregon, Washington
A U*t of addra*aa» lor othar
Fodentl egancias can ba obtained
by calling tha EPA Regional
Fadaral Facility Coordinators at
tha following numbers.
Region I
Region II
Region III
Region IV
Region V
Region VI
Region VII
Region VIII
Region K
RegtonX
(617) 565-3287
(212) 264-6723
(215)597-1168
(404) 347-3776
(312) 886-7500
(214) 655-2260
(913) 236-2823
(303) 293-1644
(415) 974-7539
(206) 442-1327
Pages
-------
Attachment A
CERCLIS CHARACTERIZATION
NATIONAL
How Site Identified
LEGEND:
ih:j!;| 1 Citizen Complaint
2 RCRA Notification
3 CERCLA Notification
4 State/Local Program
5 Incidental
6 Unknown
7 Other
Notes: 1) Data generated from sample o( site Hies which were reviewed m late 1968 and early 1989: approximately 8X o< tr>e
sites in trie CERCLIS inventory were studwd. Information beyond the Preliminary Aueumem (PA) level of investieaDon
was not reviewed.
2) This figure depicts Information collected on the CERCLIS Sauutcs Data CoOecBon Form In the Site Description Section,
Question 11, How Uenofted.
3) In order ID accurately characterize the CERCLIS sit*, mumpfe responses to certain questions were possible. This
may result In greater than 100% response rate. Each oar represents tne percent of site flies where a particular
response was appropriate.
-------
EPA
l -J
United States
Environmental Protection
Agency
November
1986
Preliminary
Assessment Petition
For years hazardous wastes have accumulated unchecked
in vacant lots, dumps, manufacturing plants, and various
other types of locations around the United States. The U.S.
Congress recognized the potential threat to public health
and the environment and in 1980 passed the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA), more commonly known as "Superfund." With
Superfund, the President authorized the U.S. Environmental
Protection Agency (EPA) to identify hazardous wastes that
threaten public health and the environment, and to locate
and properly dispose of these wastes. The first step of that
identification process is called the Preliminary Assessment.
WHAT IS A PRELIMINARY ASSESSMENT?
In a Preliminary Assessment (PA), EPA attempts to verify
the existence of released hazardous waste at a site that may
fall under Superfund. PAs are conducted by the EPA or its
representatives and usually result from EPA discovering that
a hazardous substance may pose a threat to the public or the
environment. The purpose of a PA is to determine if a threat
exists and what further action should be taken. If the PA
shows that there is a serious immediate threat EPA may use
Superfund money to quickly remove the hazardous sub- .
stance. If the threat is not immediate. EPA will conduct
more thorough studies to decide the best way to deal with
the problem. Naturally, if no danger exists, no further action
will be taken.
WHAT IS A PA PETITION, AND WHY WOULD
YOU SUBMIT IT?
Although the EPA has always responded to requests from
the public to investigate suspected hazardous waste sites,
Congress formalized this process in 1986, by making some
changes in the Superfund program. One of these changes
(now CERCLA Section 105(d)) provides the public with an
opportunity to formally petition the Federal government to
conduct a PA. By sending in a PA petition, persons can
notify the EPA of suspected environmental problems that
may directly affect them, thus possibly identifying sites that
may otherwise remain unknown.
Releases of hazardous substances may threaten an individ-
ual's health, property, and environment By reporting such
releases and petitioning for PAs to be conducted people can
help themselves, their communities, and the country.
WHO MA Y SUBMIT A PA PETITION?
Basically, Congress has allowed any person or organiza-
tion to submit a PA petition. This petition should concern a
release or threatened release that affects the petitioner. The
term "release" includes any means by which a substance
could be exposed to the environment, such as by spilling,
leaking, discharging, dumping, injecting, and escaping.
WHAT INFORMATION MUST BE IN A
PA PETITION?
An example format for petitions is jnc'udpd on the last
page of this bulletin. People submitting petitions do not
have to follow this format, but petitions must enr»f>in the
following information:
The full name, address, telephone number, and signa-
ture of the person submitting the petition.
The location of the actual/potential release, which is
also called the "site." Because the people reviewing
the petition or conducting the PA may not be familiar
with the area of the release, its location should be
described as exactly as possible. For example, mark-
ing the location on a street map or drawing a more
detailed map (showing the release area, landmarks,
and distances) would be helpful in finding and
responding to the potential problem. If a map cannot
be found or made, the site should be described by pro-
viding its distance, as accurately as possible, from
nearby roads (using street names or route numbers),
buildings, and other easily noticeable objects.
A description of how the petitioner is, or may be,
affected by the actual/potential release. For example,
a release may cause unpleasant smells, rwl-"0"')?
well water, animal injuries, damaged tree* and piano,
as well as body rashes and other physical effects.
These faaon may affect a person i health and cott
money. Petitioners cm clarify the serioucneu of the
problem and its potential effect* by describing their
location in relation to the area of the release, and how
they came in f**1!**** with or ****** aware of the
release.
-------
WHAT TO FOCUS PETITIONS ON
Because Congress specified that petitioners must be
affected by specific releases that they want to report, people
should focus on actual/potential releases that they know of
firsthand that occur around their homes or jobs. For
example, EPA discourages subtnittal of PA petitions for the
following situations:
B A petition covering possible releases at many
locations, which were picked for some general reason,
and not based on firsthand, specific knowledge. For
example, a petition covering every landfill in a State
is not specific and does not help EPA focus on the
most serious problems.
Petitions about sites that are unlikely to affect
petitioners, such as sites far away from where they
live or work.
Petitions about possible pollution affecting a wide
area, but which cannot be linked to releases from a
specific location or source. Examples of problems
over wide areas include polluted rivers and contami-
nated ground water. Petitioners should instead try to
alert EPA to the source of such problems, such as
drums leaking onto the ground.
EPA asks that petitioners carefully consider their
petitions with the above examples in mind. Every year
EPA investigates thousands of possibly hazardous sites,
some of which pose serious threats to the public. If EPA
receives petitions that are general or unclear, or thai do not
have enough information, valuable time and resources are
taken away from more serious problems. Petitions without
the required information will be returned to the petitioner.
With this in mind, EPA asks petitioners to provide as much
information as they can, but only on serious environmental
problems.
WHA T OTHER INFORM A TION CAN BE
HELPFUL?
Naturally, the more information in a petition about an
actual/potential site, the quicker and better the EPA can
respond to it. Aside from whai is mentioned above, no
other information is required, but the following facts can
be very helpful to the people reviewing petitions:
a| What substances are involved (e.g., chemical name,
popular name, name on container).
Description of substances involved (e.g., smell,
color, liquid/solid/gas).
How the substance is, or may be, released (e.g.,
leaking container, dumped on ground, oozing
from soil).
Events leading to release (e.g., who did what and
when to cause actual/potential site).
State or local agencies already contacted and what
they did (e.g., fire, police, or health department; State
environmental agency).
WHAT HAPPENS TO PA PETITION AFTER
IT IS SUBMITTED?
After receiving a PA petition, EPA will decide (1) if there
is reason to believe that an actual/potential site exists, and
(2) whether EPA has the legal authority under Superfund to
respond to the site.
Petitioners do not have to prove that an actual/potential
release exists or that it affects them. However, they do have
to provide enough information to make the person reviewing
the petition suspect that an actual/potential release may exist
that may affect the petitioners. Also, under Superfund, EPA
cannot respond to certain types of sites. For example, the
law says Superfund does not cover petroleum or natural gas,
engine exhaust emissions, normal use of fertilizer or pesti-
cides, certain releases within a workplace, and some releases
of nuclear materials. Finally, if a PA of the release was
done in the past, a new one will not be conducted, unless
additional information has been discovered about the site.
Within 12 months after a PA petition is received, it will
be reviewed by EPA and a report of the review will be sent to
the petitioners) within this one year timeframe. The report
will describe whether the petition was approved and the
reasons for the decision. If a petition is approved, EPA will
conduct a PA during this period and provide a copy of the PA
to the petitioner.
WHERE TO SEND PA PETITIONS
A PA petition ordinarily must be sent to the EPA
Regional Administrator covering the location of the site.
A map of the ten EPA Regions and a list of the EPA
Regional Administrators, their addresses, and the States in
their Regions is on Page 3. However, if the potential site is
on Federal layvf, the petition should be sent directly to
the Federal agency that owns the land, v** Federal agency
is responsible for conducting a PA for any site on the
agency's property. If petitioners cannot determine the
Federal agency's address, the insert on Page 3 lists EPA's
Regional Federal Facility Coordinators, who can help in
locating the right address.
Page 2
-------
SAMPLE PUBLIC PETITION FORMA T
(Regional Administrator) (Administrator)
United States Environmental Protection Agency -or- (Federal Agency)
Region (Insert proper Region number) (local address)
[Instructions in brackets can be replaced with relevant information, and the brackets deleted.]
Under the authority of CERCLA Section 105 (d). as amended, the petitioner,
(Name) :
(Address):
(Telephone Number) :
hereby requests that Region [ (insert number ofU.S. EPA Region in which release/threatened release is located
from list provided in the bulletin) of the United Suites Environmental Protection Agency (or) (name of appropriate
Federal agency, in the case of a suspected release/potential release from a Federal facility) ] conduct a preliminary
assessment of the supected [release (or) threatened release] of a hazardous substance, pollutant, or contaminant at
the following location:
(Precise description of the location of the release/threatened release: attach marked map if possible)
Petitioner is affected by the [release (or) threatened release] because:
(Describe as completely as possible how you are affected, or potentially affected,
by the release/threatened release)
[The information requested below is not required but, to the extent that it can be included, it will expedite review
of and response to your petition.]
Type or characteristics of the substance(s) involved:
Nature and history of any activities that have occurred regarding the release/threatened release:
State and local authorities you have contacted about the release/threatened release and the response, if any:
Page 4
------- |