&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9355.0-25A
TITLE:
Use of Removal Approaches to Speed Up
Remedial Action Projects
APPROVAL DATE: 7/6/89
EFFECTIVE DATE: 7/6/89
ORIGINATING OFFICE: ERD
3 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
Supersedes 9355.0-25
OS WER OS WER OS WER
/£ DIRECTIVE DIRECTIVE Dl
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United Stttw Environmental Prolecfcon Agency
Washington. DC 204«0
OSWER Directive Initiation Request
11. Directs*
2. Orlqlnitor Informitton
Ntm« of Conuct Person
Bruce Engelbert
Mail Cod*
05-210
Offic*
ERD
"eiepnon* Cod*
3. Till*
Use of Removal Approaches to Spped Up Remedial Action Projects
4. Summary ol Directive (include bnel suiemeni of purpose) ~~~~~~~~~~~~~~~~~~~~~~~~~~~——^—
Presents basic requirements to be met when Region chooses to use removal
authorities and contracting methods to speed up remedial projects
S. Keywords
CERCLA; Removal; Remedial: cleanup
6«. Does This Oirecuve Supen«o« Prtvious Du-«cuve(j)?
b. Does R Supplement Previous Oirtctive(s)?
D
No
Vn What dir»ctSr« (number. Utie)
^355.0-25
No I | Yts Wh«l (Srtcttv* (number. We)
7. Drift Level
A-SJgnedbyAA/DAA [ [ B - Signed by Office Director C - For Review & Corwnent I I 0 - hi Development
8. Document to be distributed to States by Headquarters?
—
Yes
^^•^HB
X
No
This Request M»«U OSWER Olr«cUvw System Format Standards.
9. Signature ol Lead Office Directives Coordinator
Betti C. Vanepps
10. Nam* and Title ol Approvin j OffitaJ
Henry L. Lor.gesi II ^
Date
7/6/89
L/«t*
7/6/89 '
EPA Form 1315-17 (R*v. 5-17) Previous editions are obsolete.
OSWER OSWER OSWER 0
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
JUL 6
C* e 'CE OF
SOu'O 'AASTE AN3 EMERGENCY BE 3 =
OSWER Directive So. 9355.0-25A
MEMORANDUM
SUBJECT: Use of Removal*Approaches to Speed Up Remedial Action Projects
FROM: Jcfya'WattVz.f Oaftrfo'j^'^
Acting Assistant Administrator
TO: Environmental Services Divis on Directors
1 Regions I, VI, VII
Waste Management Division Di. Actors
Regions I. IV, V, VI, VII, III'
Emergency and Remedial Response Division Director
Region' II
Hazardous Waste Management Di- .sion Directors
Regions III, VI
Toxics and Waste Management Di ision Director
Region IX
Hazardous Waste Division Direc.ir
Region X
Purpose:
This memoranda defines the basic requirements to be me: when a R.egion
chooses to use removal authorities and cent-acting methods zs speed up
rer.ediai projects.
Background:
Several Reg
and contracting
List (NPL) sites
completion of a
for this approac
1988. (OSWER Di
eight sites. Th
NPL this fiscal
ions have expressed interest in the use of removal authorities
methods to speed up remedial actions on National Priorities
where surface cleanups may result in a total site cleanup or
major portion of the site. Memoranda containing conditions
h vere forwarded to Region IV on March 18, 1988. and July 11.
receive No. 9355.0-25). Region IV has used this approach on
ree of these sites are now scheduled to be deleted from :he
year. Region III has also used this approach at tvo NPL
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Several issues arose in defining and implementing this approach, which
required coordination of policies and procedures between both the remedial and
removal programs. This coordination resulted in a unique set of requirements
which each Region must meet when undertaking the use of removal authorities to
achieve early action at NPL sites.
Objective:
This policy is aimed ac speeding up response at some NPL sites. The
purpose is not to establish an alternative to remedial contracting methods but
to provide an additional response option until such time as rapid remedial
contracting alternatives are fully developed. This document supersedes
previous memoranda on this ropic. This"memorandum describes the criteria and
other considerations for effective utilization of this approach. The
requirements outlined in this memorandum do not apply to the usual 40 to SO
emergency and tiae-critical removal actions conducted by the removal program
at NPL sites each year.
Implementation:
The following are the key requirements which must be met before removal
authorities or removal contractors can be used to perform remedial actions at
NPL sites.
1) All sites must have a signed Record of Decision (ROD). Should the
proposed response activities e "ail a substantive change frcr cha
remedy specified in the ROD, C i Region must either amend the ROD or
publish an explanation of significant differences, whichever is
appropriate, prior to commencir.; the cleanup.
2) Sufficient time and enforcement resources oust be allocated :o t.-.e
extent feasible to conduct a potential responsible party (??J") search
and obtain information about PRP's through Section 104(e) actions.
Follow-up PRP Search activities should be conducted where necessary.
If PRP's are identified during this process, the Region should send a
notice letter, and, consistent with CERCLA Section 122(a) ar.d (e),
issue special notice or advise the PRP that such procedures vill r.ot .
be utilized. If site exigencies require early response, the Region
may chose to issue notice orally and follow up in writing. Assuming
that there is sufficient time, the Region should conclude Section 106
negotiations with the PRP prior to initiation of any response action.
3) These cases draw upon removal authorities, but are considered
remedial actions. Consequently, if the Region takes an enfcrce-er.t
action, it must utilize a consent decree or issue a Unilateral
Administrative Order. If compliance is not achieved and tire is
critical (typical of many removals) the Region should take over the
response and pursue cost recovery, seeking treble damages and/or erne:
penalties .
•«) All activities must be well documented for cost recovery.
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5) A signed State Superfund Contract muse be obtained fron the State.
prior to the start of the action, providing the Section 10i(c)
assurances for cost sharing, operation and caintenance, off-site
disposal and, when applicable, 20-year waste capacity.
6) The proposed response action at the site muse meet the National
Contingency Plan (NCP) criteria for removal actions in section
300.65.
7) All proposed response activities must be described in a signed removal
action memorandum. If che response should exceed the statutory limits
of 12 months or $2 million, it will be necessary for the Region to
prepare an exemption request. In the case wnere site costs are
expected to exceed the $2 million limit, Headquarters approval must
be obtained prior to commencing the removal action. These exemption
requests must be prepared as early as possible in the process. Only
Regional approval is required for exemption requests where activities
are expected to exceed the 12-month limit.
8) All funding, activity codes, --ccount numbers, SCAP and CERCLIS data
will use remedial codes. Thi.. will ensure that these activities are
reported on and tracked as remedial actions. Funds will come fron
the remedial portion of the Region's Advice of Allowance (ADA). All
'projected starts should be ent red into CERCLIS with their projected
obligations data for the appro riate quarter of the fiscal year.
9) Cocnur.iry relations requirement.; must be met and an administrative
record must be established for :ach site. The public cement period
cust be observed in accordance *.th NCP requirements for both the
remedial ar.d removal programs.
10) Generally at the completion of t.-.is cleanup work, the srte should b«
ready for deletion. OSWER Directive 9320.2-3A procedures nust be
followed to delete the site froa :he NPL. When a sajor portion
(significant operable unit) of work is undertaken using these
procedures and the site does not qualify for deletion, ur.usuai
circumstances (e.g., emergency) must preclude the use of remedial
contracting mechanisms.
Future Plans
The remedial program has two initiatives underway to provide the
contractual mechanisms and construction management systems needed to expedite
projects within the remedial process and authorities. One is the Corps of
Engineers new rapid response contracts used to expedite smaller pieces of soce
large site cleanups they manage. The second is the subcontracting provision
of the Alternative Remedial Contracts Strategy (ARCS). ARCS will core
typically be used for smaller construction projects such as those anticipated
for coverage under this policy. With the inclusion of experienced engineering
and construction management contractors in the ARCS program, opportunities
open up for the use of more expeditious construction subcontracts for some
sites with plans for early initiation of construction based on limited design.
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Alternatively, other subcontracting vehicles such as basic ordering agreements
and other methods of bidder prequalification might be used to reduce
procurement lead time. More guidance on the use of these mechanisms will be
issued. It is expected that as the Regions gain experience with the ARCS
program and chese subcontracting mechanisms, the use of removal authorities and
prograa mechanisms Co speed up remedial projects will be phased out.
Ocher Considerations:
If removal Authorities are going to be used, careful consideration must
be given to the type of contract chat is selected for Che work. Obtaining the
best price~~and maximizing competition are always major goals, as in using
competitive contracting mechanisms to the maximum extent practicable. The
Emergency Response Cleanup Services (ERCS) contracts cay be the most
appropriate vehicle where rapid response is necessary under emergency and time^
critical circumstances. However, a Region should always consider using the
Prequalified Offerers Procurement Scracegy (PQOPS) or other site-specific
contracting mechanisms. This is especially true if the project is a non-
emergency situation where Che consist, r.cy waiver to the $2 million limit is
used.
When use of alternative cechnolog ss is specified in che ROD, PQOPS
should be considered. The use of this arrangement is nose appropriate when a
3 to 5 month lead time is available. TMs procurement strategy is about to be
ispleaenced for eobile incineracion. : :OPS for other technologies will
follow. When the lead time is approxic tely 4 monchs and PQOPS is unavail-
able, use of sice-specific subcontracts -.aider che ERCS contracts may be
feasible. This approach may be used on. •• where che prise contractor has r.ot
proposed rates for che sice's particular cleanup activity. In addition, zany
Regions have Regional ERCS contracts wit 24 to 72 hour response tises which
=ay be core cojt-effeccive Chan che Zone £RCS concracts. In all cases, the
Region should keep in mind that achieving che maximua cocpecicion is a primary
goal of both che removal and remedial pro.-rams, caking inco account the need
for rapid response and che nagnitude of cr.a risks posed.
A final faccor Co consider is resoval concracts capacity. Generally.
this policy should noc be used to do expensive remedial work. It is ir.ter.iei
to help expedite delecion from che NPL of projeccs of sodesc scope. This
approach cannot be used where che adequacy of removal contracts capacity is
jeopardized. Being able Co always prompcly and fully respond to che r.orzal
removal workload is a higher prioricy Chan doing che remedial work chat is the
subjecc of chis policy.
In sussary. use of removal auchoricies or removal (e.g., ERCS) contracts
to take early accion ac NPL sices is an alcernacive in cercain limited
sicuacions. The sice muse meec che cricerla for a renoval accion as well as
fulfill all che regular remedial requiremencs. This scracegy will enable the
Regions to complete cleanup ac cercain NPL sices in a more expedicious and
efficient way and co scare che necessary delecion process.
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cc: Superfund Branch Chiefs. Regions I-X
OHM Coordinators, Regions I-X
Henry Longesc, OERR
Bruce Diamond.^OWPE
Tiaochy Fie Ids,"" ERD
Russel'wyer. HSCD
Clem Rascacter.OPM
Sally Mansbach. OWPE
Frank Russo. OWPE
Linda Boornazian. OWPE
Earl Sale. OCC
—tttrscen Engel, OGC
Karen Clark. OCC
Arthur Weissman, 0PM
Betci Van Epps, PAS
Brxice Engelberc, ERD
John Riley. ERD
Mark MJoness, ERD
Linda Garczyriski, EUD
Dave O'Connor, PCMD
Sallyanne Harper, PCMD
Pat Parzerson. PCMD
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