United States
                              Environmental Protection
                              Agency
                             Office of
                             Solid Waste and
                             Emergency Response
Directive: 9335.3-02FS-1
November 1989
   &EPA
A Guide  to   Developing
Superfund  Records  of  Decision
   Office of Emergency and Remedial Response
   Hazardous Site Control Division
                                                            Quick Reference Fact Sheet
EPA issues the Record of Decision (ROD) as the final remedial action plan for a site or operable unit. The ROD summarizes the problems
posed by the conditions at a site, the alternative remedies considered for addressing those problems, and the comparative analysis of those
alternatives against nine evaluation criteria.  The ROD then presents the selected remedy and provides the rationale for that selection,
specifically  explaining how the remedy satisfies  the  requirements  of section 121 of the  Comprehensive Environmental  Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.
This guide provides ROD preparers with a quick reference to the essential ROD components. The information to be included in each of the
three major sections of a ROD is summarized below. Close attention should be given to the sections in which alternatives are described, risk
information is presented, the comparative analysis against the nine evaluation  criteria is summarized, and the declaration of statutory
determinations is made. Additional information on ROD preparation is provided in Chapters 6,7, and 9 of the "Interim Final Guidance on
Preparing Superfund Decision Documents" (the "ROD Guidance") (OSWER Directive 9335.3-02, November, 1989, EPA/540/G-89/007).


 THE DECLARATION
The Declaration is a formal statement signed by the EPA Regional Administrator (RA) or Assistant Administrator (AA) of the Office of Solid
Waste and Emergency Response (OSWER) that identifies the selected remedy and indicates that the selection was carried out in accordance
with the statutory and regulatory requirements of the Superfund program. The State Director may also sign the Declaration, if appropriate.
The Declaration should be approximately two pages long and should include the information provided in Highlight 1.
               Highlight 1: Outline and Sample Language for the Declaration of the Record of Decision
   Site Name and Location

   Statement of Basis and Purpose
      "This decision document presents the selected remedial ac-
      tion for the [site], in [location], which was chosen in accor-
      dance with CERCLA, as amended by SARA, and, to the ex-
      tent practicable, the National Oil and Hazardous Substances
      Pollution Contingency Plan (NCP). This decision is based
      on the  administrative record for this site."
      "The State/Commonwealth of	concurs with the se-
      lected remedy."

   Assessment of the Site
      "Actual or  threatened releases of hazardous substances
      from this site, if not addressed by implementing the response
      action selected in this Record of Decision (ROD), may pre-
      sent an imminent and substantial endangerment to public
      health,  welfare, or the environment."

   Description of the Selected Remedy
   Q  Describe the role of this operable unit within the overall site
      strategy.  (Does this operable unit  address  the principal
      threats  posed by the site?)
   a  Describe the major components of the selected remedy in
      bullet fashion.

   Statutory  Determinations
   n  When the selected remedy satisfies the statutory preference
      for treatment as a principal element by addressing the prin-
      cipal threat(s) at the site with treatment, the Declaration
      should  state:
        "The selected remedy is protective of human health and
        the environment, complies with Federal and State re-
        quirements that are legally applicable or relevant and ap-
         gropriate to the remedial action [or "a waiver can be justi-
         ed for whatever Federal and State applicable or relevant
        and appropriate requirement that will not be met"], and is
        cost-effective. This remedy utilizes permanent solutions
        and alternative treatment (or resource recovery) technol-
        ogy,  to the maximum extent practicable, and satisfies the
        statutory preference for remedies that employ treatment
        that  reduces toxicity, mobility, or volume as a principal
        element."
                           (or)
                               When a remedy involving little or no treatment is selected (i.e.,
                               treatment is not utilized to address the principal threat(s)),
                               CERCLA, as amended by SARA, requires a statement and ra-
                               tionale explaining why a remedial action involving such reduc-
                               tions was not selected. The Declaration should state:
                                  "The selected remedy is protective of human health and the
                                  environment, complies with Federal and State requirements
                                  that are legally applicable or relevant and appropriate to the
                                  remedial action [or "a waiver can be justified for whatever
                                  Federal and State applicable or relevant and appropriate re-
                                  quirement that will not be met"], and is cost-effective. This
                                  remedy utilizes permanent solutions and alternative treat-
                                  ment (or resource recovery) technologies, to the maximum
                                  extent practicable for this site. However, because treatment
                                  of the principal threats of the site was not found to be practi-
                                  cable [or "within the limited scope of this action"], this rem-
                                  edy does not satisfy the statutory preference for treatment as
                                  a principal element."
                               If the remedy will leave hazardous substances on-site above
                               health-based levels, the Declaration should include the follow-
                               ing:
                                  "Because this remedy will result in hazardous substances re-
                                  maining on-site above health-based levels, a review will be
                                  conducted within five years after commencement of reme-
                                  dial  action to ensure that the remedy continues to provide
                                  adequate protection  of  human health and  the  environ-
                                  ment."
                                                     (or)
                               If the  remedy will not leave hazardous  substances on-site
                               above health-based levels, the Declaration should include the
                               following:
                                  "Because this remedy will not result in hazardous substances
                                  remaining on-site above health-based levels, the five-year
                                  review will not apply to this action."

                                  (Signature of Assistant/Regional Administrator)

                                  (Signature of State Director (if appropriate))

                                  Date
                              (Note: Attach the State's letter of concurrence to the Record of
                              Decision package)
                                                                                              rriniea on HocyciBO Paper

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THE DECISION SUMMARY

The Decision Summary provides an overview of the problems
posed by the conditions at a site, the remedial alternatives, and the
analysis of those options.  The Decision Summary explains the
rationale for the selection and how the selected remedy satisfies
statutory requirements. The information to be presented in each
of the sections of the Decision Summary is outlined below.  In
most  cases,  much  of  the information presented  can  be
summarized from the Remedial Investigation/Feasibility Study
(RI/FS).
Site Name, Location, and Description.  Briefly describe the
site in terms of:

    a  Name, location, address (include maps, a site plan, or
       other graphic descriptions, as appropriate);
    o  Area and topography of the site, especially if it is located
       within a floodplain or wetlands;
    n  Adjacent land uses;
    Q  Natural resource uses;
    a  Location and distance to nearby human populations;
    o  General surface-water and ground-water resources; and
    D  Surface and subsurface features (e.g., number and volume
       of tanks, lagoons, drums, or other structures).


Site History and  Enforcement Activities. Summarize the
following:

    D  History of site activities  that led to current problems;
    o  History of  Federal  and State site investigations and
       removal and remedial actions conducted under CERCLA
       or other authorities; and
    D  History of CERCLA enforcement activities at the site,
       including:
       -  The results  of searches for  potentially  responsible
          parties (PRPs); and
       -  Whether special notices have been issued to PRPs.
Highlights  of Community Participation.  Summarize the
major public participation activities, as follows:

    D  Describe how the public participation requirements of
       CERCLA sections 113(kX2)(BXi-v) and 117 were met in
       the remedy selection process.

Note:  Community response to the selected remedy should be
addressed under the "community  acceptance" criterion in the
Comparative  Analysis  section  of the ROD.   Responses to
community concerns should be addressed in the "Responsiveness
Summary1' of the ROD.
Scope and Role of Operable Unit [or Response Action]
Within Site Strategy.

    n  Describe the role of the remedial action within the overall
       site clean-up strategy.
    o  Summarize the scope of the problems addressed by the
       remedial action selected. Will the action address any of
       the principal threats posed by conditions at the site?
Note: The Statutory Determinations section of the ROD should
explain whether or not the selected remedy satisfies the statutory
preference for remedies employing treatment that reduces
toxicity, mobility, or volume as a principal element. By indicating
whether the principal threat(s) will be addressed by the action, the
Scope and Role section of the Decision Summary should provide
the basis for that statutory determination.
Summary of Site Characteristics.  Highlight the following
factors:
D  All known or suspected sources of contamination;
D  Contamination and affected media, including:
       -  Types   and  characteristics   (e.g.,  toxic,   mobile,
          carcinogenic, non-carcinogenic) of contaminants;
       -  Volume of contaminated material; and
       -  Concentrations of contaminants;
n  Location of contamination and known or potential routes of
   migration, including:
       -  Population and environmental areas that could be
          affected, if exposed;
       -  Lateral and vertical extent of contamination; and
       -  Potential   surface  and  subsurface  pathways  of
          migration.

Include  maps, charts, tables, and other graphic descriptions, as
appropriate.


Summary of Site Risks. Summarize the results of the baseline
risk assessment conducted for the site.

Human  Health Risks:
   D Identify the concentrations of the contaminants (indicator
      chemicals) of concern in each medium of exposure;
   D Summarize results of the  exposure assessment;
   o Summarize the toxicity assessment of contaminants of
      concern;
   D Summarize risk characterization for each pathway and the
      total risk for the site, including:
      -  Potential or actual carcinogenic risks;
      -  Noncarcinogenic risks; and
      -  Brief explanation of the meaning of key risk terms.

Environmental Risks:
   n Summarize the affects of the contamination on critical
      habitats; and
   a Summarize the affects of the contamination on  any
      endangered species.
Note: This summary of the baseline risk assessment provides the
rationale for the lead agency's either undertaking a response
action or taking no action.


Description of Alternatives. The objective of this section  is to
provide an understanding of the remedial alternatives developed
for the  site and  their specific components.   Each  alternative
should be described in terms  of the components listed below.
Figure 1 is an example of elements to be addressed in this section.
   D Treatment  components.   Describe  the following, as
      appropriate:
      -  Treatment technologies  (e.g., thermal destruction)
          that will be used;
      -  Type and volume of waste to be treated;
      -  Process sizing; and
          Primary treatment levels  (e.g., best demonstrated
          available technology [BOAT], percentage or order of
          magnitude  of concentration reductions expected).
   n Containment  or storage components.   Describe  the
       following, as appropriate:
          Type   of   storage  (e.g.,  landfill,  tank,   surface
          impoundment, containers);
      -  Type  of closure  that will be  implemented (RCRA
          Subtitle C clean  closure, landfill closure,  Subtitle D
          solid waste closure);
          Type and quantity of waste to be stored; and
      -  Quantity of untreated waste and treatment residuals
          to  be  disposed  off-site  or managed on-site in  a
                                                         - 2 -

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          containment system (cap., minimum technology unit,
          etc.) and the degree of hazard remaining in such waste.
    Q  Ground-water component. Describe  the following, as
       appropriate:
       -  Ground-water classification (e.g., Class I, II, or III);
       -  Remediation levels  (e.g., Maximum  Contaminant
          Levels [MCLs] );
       -  Estimated restoration timeframe; and
       -  Area of attainment
    n  General  components.    Describe  the  following,   as
       appropriate, for each of the three previous components:
       -  Contaminated media addressed (and physical location
          at the site);
       -  Initial risk;
       -  Risk reduction;
       -  Whether treatability testing  has been or will  be
          conducted;
       -  Implementation requirements;
       -  Institutional controls;
       -  Residual levels (e.g.,  delisting, BOAT);
       -  Assumptions, limitations, uncertainties;
       -  Estimated implementation timeframe; and
       -  Estimated capital, O&M, and present-worth costs.
    n  The  major applicable  or relevant  and appropriate
       requirements (ARARs), risk-based levels, and other "to
       be considered" (TBCs) being met/utilized for the specific
       components of the waste management process.
       -  The description should summarize  how the specific
          components of the alternative will  comply with the
          major ARARs, as well as briefly describe why the
          standard is applicable or relevant  and appropriate
          (e.g., placing a  RCRA characteristic waste, thus
          RCRA closure is applicable).

Summary of Comparative Analysis of Alternatives.  In this
section, summarize the relative performance of the alternatives by
highlighting the key differences among the alternatives in relation
to the nine evaluation criteria. An effective way of organizing this
section is to present  a series of paragraphs  headed by each.
criterion. Under each criterion, the alternative that performs best
in that category should be discussed first, with other options
discussed in sequence.  Refer to the RI/FS and ROD guidance
documents for additional information on the factors included in
each of the nine  criteria.  The nine  evaluation criteria are
summarized below.

Threshold  Criteria

n   Overall protection  of human health and the  environment
    addresses whether a remedy provides adequate protection
    and describes how risks posed through each pathway are
    eliminated,  reduced, or  controlled  through  treatment,
    engineering controls, or institutional controls.
a   Compliance with applicable  or relevant and  appropriate
    requirements (ARARs) addresses whether a remedy will meet
    all of the ARARs of other Federal and State environmental
    laws and/or justifies a waiver.

Primary Balancing Criteria

n   Long-term effectiveness and permanence refers to expected
    residual risk and the ability of a remedy to maintain reliable
   protection of human health and the environment over time,
   once clean-up goals have been met.
a  Reduction of toxicity, mobility, or volume through treatment
   is the anticipated performance of the treatment technologies a
   remedy may employ.

n  Short-term effectiveness addresses the period of time needed
   to achieve protection and  any adverse impacts on human
   health  and the environment that may be posed during the
   construction and implementation period, until clean-up goals
   are achieved.

a  Implementability  is  the   technical  and  administrative
   feasibility of a remedy, including the availability of materials
   and services needed to implement a particular option.
n  Cost includes estimated capital and O&M costs, as well as
   present-worth costs.
Figure 1
Components of Alternatives t


28,000 YD3
SOIL

* SOIL •
EXCAVATION
I DRY
SCRUBBER
f
ON-SITE
" INCINERATION
• Heavy metals • Clean closure • Meets LDR BD
Cd:28ppm. , Backf|||/regrade standards
Cr+6:12Ppm . Revegetate
Pb:41ppm
• VOCs
TCE: 127 ppm
Benzene: 52 ppm
• 10~2 carcinogenic risk level AIR
• Waste restricted under LDRs EMISSIONS
t
Tim
iH
CONTAMINATED
GROUND WATER
• TCE: 202 ppm
Benzene: 1 03 ppm
• 10~Z Carcinogenic
risk level
e Until Cleanup Goals Met
•mx&im^xi^xtmi&M
GROUND-WATER
EXTRACTION
AIR STRIP
GAG
o be Described AIR
• 99.99% Destruction Removal Efficiency
Residual Ash ON~SI,T^5I
Heavy Metals ' SUBTITLED
Hj 28,000 YC
TREATEC

„.„ TREAT IN
Spent GAC ACCORDANCE
* WITH
LDR BOAT


OFF-SITE RCRA
	 ^ SUBTITLE C
DISPOSAL

SPOSAL Ground-water
IA monitoring
LANDFILL Cap/liner
Integrity
5 FROM • Deed restrictions
33 OF • Exposure level at
SOIL 10~s
concentration
levels
• $14,666,000
Capital
$43,700 Annual
O&M
• $14.400,000
Present worth
OFF-SITE RCRA
DISPOSAL
• 1.75 Million _ 98.2%
Gallons per trriuem ^ Hemoval Efficiency
rate
DISCHARGE
TO
XYZ RIVER
Soil
sa&^MMsamMMS^^^^^^msssmmMM^
Z 28 Months
• NPDES permit
• 10 ~6 carcinogenic
risk level
• $12,527,000 Capital
$525,000 Annual O&M
• $15,300,000
Present worth
gg8^TOp8SpE8^^g%ff^iisffiPS8a88miagSS
Ground water
i 	 ESSfc^
JMS88MjM86i8ia»Mmij||g|fc».
2 8Yrs ^^
                                                         - 3 -

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Modifying Criteria
^   State/Support Agency Acceptance should be used to indicate
    the support agency's comments.  Where the State or Federal
    agency is the lead for the ROD, EPA's acceptance of the
    selected remedy should be addressed under this criterion.

"   Community Acceptance  summarizes the  public's general
    response to the alternatives described in the Proposed Plan
    and  RI/FS  Report.   The specific responses  to public
    comments should be addressed in  the  Responsiveness
    Summary section of the ROD.
Notes:    In addressing  the long-term  effectiveness  and
permanence of an alternative, the term "permanence" should be
used carefullv.  Permanence is viewed along a continuum; an
alternative can be described as offering a greater or lesser degree
of  long-term effectiveness  and  permanence.   Alternatives
generally  should  not  be  described   as  "permanent" or
"impermanent."

Only reductions achieved through treatment should be addressed
under the "reduction of toxicity,  mobility, or volume through
treatment"  criterion.   Reductions  of mobility  accomplished
through  containment should  be  addressed  under "overall
protection of human health and the  environment."

The Selected Remedy.  In this section of the ROD, identify the
selected remedy and remediation goals and state:
    D  The  carcinogenic risk  level to be attained and  the
      rationale for it; and
    a  The specific points of compliance, as appropriate, for the
      media being addressed (e.g., "MCLs will be met at the
      edge of the waste management area").

The Statutory Determinations.  The remedy selected must
satisfy the requirements of section 121 of CERCLA to:
    o  Protect human health and the environment;
       n  Comply with ARARs (or justify a waiver);
       D  Be cost-effective;
       a  Utilize permanent solutions and alternative treatment
          technologies or  resource recovery  technologies to the
          maximum extent practicable; and
       n  Satisfy the preference for treatment as a principal element
          or justify not meeting the preference.
    A description of how  the selected remedy  satisfies each of the
    statutory requirements should be provided.  Points to address for
    each of these requirements are presented in Highlight 2.
    Documentation of Significant Changes.  CERCLA section
    117(b) requires an explanation of any significant changes from the
    preferred alternative originally presented in the Proposed Plan. If
    the  selected remedy reflects significant  changes  from  the
    preferred alternative, the ROD should:
       D  Identify the preferred alternative originally presented in
          the Proposed Plan;
       a  Describe the significant changes; and
       n  Explain the reason(s) for such changes.

    THE RESPONSIVENESS SUMMARY
    The final component of the  ROD  is  the Responsiveness
    Summary, which  serves  two purposes.  First, it provides lead
    agency decisionmakers  with information  about community
    preferences regarding both the remedial alternatives and general
    concerns  about the site. Second, it demonstrates to members of
    the public how their comments were taken into account as an
    integral part of the decision making process.
    Guidance on preparing Responsiveness Summaries is available in
    Community  Relations in Superfund: A Handbook (OSWER
    Directive 9230.0-3B, June 1988).  That document details the
    process of preparing the Responsiveness Summary and includes a
    sample Responsiveness Summary.
                                    Highlight 2: The Statutory Determinations
  Protection Of Human Health And The Environment
     D   Describe how the selected remedy will eliminate, reduce,
         or  control risks posed through  each pathway through
         treatment, engineering controls, or institutional controls,
         to ensure adequate protection of human health and the
         environment (including that the site risk will be reduced
         to within the 10-4 to 10-6 range for carcinogens, and that
         the Hazard Indices for non-carcinogens will be less than
         one).
     n   Indicate that no unacceptable short-term risks or cross-
         media impacts will be caused by implementation of the
         remedy.

  Compliance with ARARs
     D   State whether  the selected  remedy will  comply with
         ARARs. When appropriate, state the waiver that is being
         invoked and justify the waiver. Organize the ARARs ac-
         cording to chemical-specific, location-specific, and ac-
         tion-specific.
     a   List and describe the Federal and State ARARs that the
         selected  remedy will  attain,  distinguishing  applicable
         from relevant and  appropriate requirements,  as  neces-
         sary. Note: Cite the specific section of the statute or regu-
         lation that contains the requirement and provide a brief
         synopsis of the requirement.
     !•   List and provide the rationale for using any "to be consid-
         ered" (TBCs). Note: TBCs are not ARARs, but they may
         be used to design a remedy or set  clean-up levels if no
         ARARs address the site, or if existing ARARs do not en-
         sure protectiveness.

  Cost-Effectiveness
     ;    Describe how the selected remedy provides overall effec-
         tiveness proportionate to its costs, such that it represents a
         reasonable value for the money to be spent.
Utilization of Permanent Solutions and Alternative
Treatment Technologies or Resource Recovery Technolo-
gies to the Maximum Extent Practicable ("MEP")
    n  Describe the rationale for the remedy selection, explaining
       that the remedy selected provides the best balance of trade-
       offs among the alternatives with respect to the evaluation
       criteria, especially the five balancing criteria.
    n  Discuss those criteria that were most critical in the selec-
       tion decision (i.e., those that distinguish the alternatives
       most).
    a  Highlight the tradeoffs among the alternatives with respect
       to the five balancing criteria.
    Q  Describe the role of the State and community acceptance
       considerations in the decision-making process (modifying
       criteria).
    n  Provide a general statement that the selected remedy
       meets the statutory requirement to utilize permanent solu-
       tions  and  treatment technologies, to the maximum extent
       practicable.
Note: For a remedy that does not employ any treatment or re-
source recovery technologies, the explanation of the rationale
should discuss the reasons why treatment was found to be impracti-
cable or acknowledge that treatment was not within the limited
scope of the action (e.g., an interim action).

Preference for Treatment as a Principal Element
    a  Describe how the preference for treatment is satisfied if the
       remedy uses treatment to address the principal threat(s)
       posed by conditions at the site; or
    a  Explain why the preference is not satisfied if treatment is
       not used to address the principal threats. This explanation
       will refer back to the explanation under the "MEP" finding
       that explains why treatment of the principal threats was
       found to be either impracticable or not within the limited
       scope of the action.
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