vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
0-14
DIRECTIVE NUMP"«
2/10/87
TITLE: Use °f Expanded Removal Authority to Address NPL
and Proposed NPL sites
APPROVAL DATE: 2/10/37
EFFECTIVE DATE: 2/10/37
ORIGINATING OFFICE: Office of Solid Waste
0 FINAL
D DRAFT
STATUS:
[ 1
{ 1
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
/£ DIRECTIVE DIRECTIVE Di
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United States Environmental Protection Agency 1 Directive Number
^ __ _ Washington. DC 20460
OEPA OSWER Directive Initiation Request 936o.o-i4
2. Originator Information
Name of Contact Person Mail Code
Jean Schumann WH-548/B
Office Telephone Number
OERR/ERD 382-2198
3. Title
Use of Expanded Removal Authority to Address NPL and Proposed NPL sites
»-
4. Summary of Directive (Include kriti stattmtnt of purpos*)
- • «
Directs Regions to evaluate NPL/Proposed NPL sites to determine if the expanded
removal authority in SARA can be used to clean up, or substantially clean up,
these sites. •
>. Keywords
Superfund, CERCLA, SARA, removal action
6a. Does this Directive Supersede Previous Directive**)? |_J Yes
b. Does It Supplement Previous Directive**)? Q Yes Q No
, expanded removal authority.
[jjfj No What directive f/wnoer titlt)
What Directive (numb*, titlt)
-» i
7.. Draft Level
D A — Signed by AA/DAA D 8 — Signed by Office Director D C — For Review & Comment D In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
/^^- ^r^ —
9. Name and Title of Approving Official
Henry L. Longest II, Director/OERR
Data
Date
2/10/87 ... '
OS WER OSWER OSWER
DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
FEB -7B07
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER DIRECTIVE #9360.0-14 .,
MEMORANDUM
SUBJECT: Use of Expanded Removal Authority to Address NPL and Proposed
NPL Sites
FROM: Henry L. Longest II, Director
Office of Emergency and Remedial
TO: Waste Management Division Directors, Regions I-X
Environmental Services Division Directors, Regions I, VI, and VII
The Superfund Amendments and Reauthorization Act of 1986 (SARA) and
the recent National Contingency Plan (NCP) revisions expand removal authority
in several ways. The Office of Solid Waste and Emergency Response (OSWER)
is exploring methods to use this increased authority innovatively to enhance
efforts to clean up sites on the proposed and final National Priorities List
(NPL).
A number of provisions in SARA broaden removal authority. First, the
amendments revise the statutory limits on removal actions from $1 million and
6 months to $2 million and 12 months. The new law also provides for a waiver
of-these limits where "continued response action is otherwise appropriate and -
consistent with the remedial action to be taken." The three "emergency
criteria" contained in the prior law still exist. The new waiver, however,
is independent of the original three exemption criteria. This means that an
exemption may be granted if the proposed removal action meets the original
three criteria, or the fourth criterion alone. Another new provision in
SARA requires removal actions to "contribute to the efficient performance of
any long-term remedial action" to the extent practicable. Finally, SARA
establishes a preference for using alternative technologies and resource
recovery techniques to achieve more permanent solutions.
In addition, the NCP revisions expanded removal authority by authorizing
removal actions to be taken in response to threats, rather than just immediate
and significant threats. This increased authority allows remedial operable
units, e.g., the former initial remedial measures, to be implemented under
removal authority.
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OSWER DIRECTIVE #9360.0-44
-2-
OSWER would like to examine whether these new legislative and
regulatory removal authorities can be used to clean up, or substantially
clean up, any of the final or proposed NPL sites. It may be possible to
delete certain sites from the NPL, or to achieve substantial cleanup, by
performing a remedial operable unit under the expanded removal authority.
Each Region is, therefore, requested to evaluate its final and proposed NPL
sites and to identify those sites that may be appropriately addressed using
removal authority. Such sites must meet the criteria for Initiation of a
removal action in Section 300.65 of the NCP, and the potential response
action should generally remain within the new $2 million/12 month removal
limits. OSWER will consider approval of actions that exceed the $2 million
limit by a reasonable amount 1f the additional funds are needed to conduct
an efficient response. Complicated response actions that require extensive
study, such as the cleanup of a contaminated aquifer, would more properly
be addressed using remedial authority.
Each Region 1s requested to provide us with the following information:
0 List of potential NPL sites for removal action.
0 For each site, a brief description of
. -v Site background
. - Threat..
• Proposed removal action
• Estimated cleanup cost.
The appropriate removal, remedial, and enforcement personnel in the Region
should coordinate with each other in this effort. Please submit this
information to T1m Fields, Director, Emergency Response Division, no later
than February 27, 1987.
cc: J. Winston Porter
Jack W. McGraw
Tim Fields
Russ Wyer
Superfund Branch Chiefs, Regions NX
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