vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: OSWER 9330.2-07
TITLE:
Notification of Out-of-State Shipments of Superfund Site Wastes
APPROVAL DATE: September 14, 1989
EFFECTIVE DATE:
ORIGINATING OFFICF-
0 FINAL
D DRAFT
STATUS:
]
j
I 1
[ 1
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- .In development or circulating
headquarters
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE Di
-------
United states environmental ^itection Agency
Wismngton. DC 20<«0
OSWER Directive Initiation Request
Numo«f
OSWER 9330.2-07
2. Originator' Information
Name of Contact Person
Hugo Fleischman
I Man
1 OS-240
.Office
' OERR/HSCD/SLCB
"eieonore Cace
382-5734
3. Hue
Notification of Out-of-State Shipments of Superfund Site Wastes
4. Summary ol Directive (mcuoe onet staiement oi
The purpose of this memo is to implement EPA's policy that prior to the off-site
shipment of Superfund wastes to an out-of-state waste management facility, EPA
Regional personnel will provide notice to that State's environmental officials.
5. Keyv-oras Superf unl, CEPCLA, SARA
54. Qo«s This Oirecave Supersede Previous Oirecuveisi?
b. Does It Supplement Previous Qirectivefs)?
X No.
No
Yea What directive (numaer, title)
Yes What tir«ct)v« (number, title)
Draft level
A - Signed by AA/DAA
8 - Signed by Office Director
C - for Review A Comment
a.
Document
to
be
distributed
to
States
by Headquarters? 1 vl Y"
No
TM« Hequeat M««U OSWgfl Qlrectlvea System Format Standard*.
9. Signature of Lead Office Directives Coordinator
Betti VanEpps, OERR Publications-Coordinator
Date
10. Name ana Tine °' Approving Cf
Jonathan Cannon, Act. Asst. Admin., OSWER
Oate
gPA Form 1315-17 (Rev. 5-«7) Previous editions are oosoiete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP U
OFFICE OF
SOLID WASTF AND EMEF1GENCY RESPONSE
OSWER Directive 9330.2-07
MEMORANDUM
SUBJECT: Notification of Out-of-State Shipments of .Superfund Site
Wastes «/ /)
/I/Vw(^A_/< L'&WW**-
FROM: Jonathan yl. Cannon, Acting Assistant Administrator
Office of//Solid Waste and Emergency Response
TO: Regional Administrators
Regions I- X
PURPOSE
The purpose of this memorandum is to implement EPA's policy
that prior to the off-site shipment of Superfund wastes to an
out-of-State waste management facility, EPA Regional personnel
will provide notice to that State's environmental officials.
BACKGROUND
A number of States and localities have expressed the concern
that they are not formally notified before unusually large
amounts of Superfund wastes are transferred to permitted
facilities within their States for treatment, storage or
disposal. The Agency believes that such notice may be
appropriate, and that indeed, such notice may be helpful in
facilitating the safe and timely accomplishment of Superfund
waste shipments. Thus, EPA has decided to adopt a policy of
providing States with prior notification of off-site shipments of
Superfund wastes. (Because the State in which the site is
located participates in the remedy selection process, and thus is
already aware of Superfund remedies within that State, this
policy will apply only to out-of-State waste shipments.)
OBJECTIVES
The objectives of this policy are to alert States to
shipments of wastes from out-of-State Superfund sites, so that
the State may take any steps necessary to facilitate the safe
transfer of waste, and to respond to any public inquiries
concerning the waste movements.
-------
IMPLEMENTATION
Effective immediately, the Region should implement the
notification of Superfund waste shipments. The Agency intends
that notice under this policy should be routinely provided to
State environmental officials for all remedial actions and "non-
time critical" removal actions involving the off-site shipment
of Superfund wastes that are known to Regional officials,
including waste shipments arising from Fund-lead responses,
State-lead responses, Federal facility responses, and responses
conducted by PRPs (emergency and time-critical removals are not
covered by this policy). This policy pertains to all such off-
site shipments, not merely response actions involving "unusually
large" shipments; however, you may, in your discretion, decide
that notice is unnecessary for shipments of small amounts of
wastes (e.g., 10 cubic yards).
The notification should be in writing, and should set out
the following information, where available: (1) the name and
location of the facility to which the wastes are to be shipped;
(2) the type and quantity of waste to be shipped; (3) the
expected schedule for the waste shipments; and (4) the method of
transportation. In addition, the Region should notify the State
of major changes in the shipment plan, such as a decision to ship
the wastes to another facility within the same State, or to a
facility in another State.
The identity of the receiving facility and State will be
determined by the lead agency following the award of the response
action contract. The Region should provide relevant information
on the off-site shipments as soon as practicable after the
information becomes available to the Region; unless the
information is unavailable, it should be provided before the
wastes are actually shipped.
Because CERCLA actions may be carried out under a number of
mechanisms and by a number of parties (e.g., lead State agencies,
other Federal agencies, PRPs), OSWER plans to issue additional
guidance to help Regions to implement this notification policy.
That additional guidance will address: modification of
contracting procedures and contract terms in order to provide for
routine notification under Fund-lead response actions;
modification to cooperative agreements in order to provide for
routine notification under State-lead response actions; model
provisions for orders and settlement agreements with PRPs in
order to provide for routine notification under PRP response
actions; and model provisions for Interagency Agreements to
provide for notification in Federal facility response actions.
The guidance may also attempt to establish levels below which
such notice would not be necessary. OSWER will minimize the
-------
burden on the Regions by placing the responsibility for prior
notification on the response action contractor where appropriate.
Should you have any questions concerning this policy or its
implementation, please contact William O. Ross of my staff at FTS
382-4645.
------- |