&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 ------- 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 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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 ------- |