vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 938° --o&
TITLE: Superfund Innovacive Technology Eval lacion (SITE)
Program Requirements
APPROVAL DATE: 3/22/88
EFFECTIVE DATE: 3/22/88
ORIGINATING OFFICE:
0 FINAL
Office of Solid Waste
D DRAFT
STATUS:
[ ] A- Pending OMB approval
{ j 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
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united Slates environmental -='0tec:ion Agency
Washington. DC 20460
OSWER Directive Initiation Request
1. Directive Numoer
9380.2-06
2. Originator Information
[Name ol Contact Person
John Kingscott
Mail Code
WH562 A
;OHice
Telephone Code
382- ^362
Superfund Innovacive Technology Evaluation (SITE) Program Requirements
,4. Summary of Directive imciuce one! statement of purpose)
The SITE program was established under SARA to evaluate technologies for the treatmen
of hazardous waste by. conducting demonstration projects. This document describes the
regulatory requirements and procedures — permitting, ARARs, community relations,
and cost recovery — for implementing technology demonstration projects in the
SITE program^
5. Keywords Superfund.CERCLA,SARA technology demonstrations, evaluations, SITE, alternativ
6a. Does This Directive Supersede Previous DirectiveisC?
b. Does It Supplement Previous Directive(s)?
X|No
No
Yes What directive (number, title)
Yes What directive (number, title)
7. D^att Level
XI A - Signed by AA/OAA
8 - Signed by Office Director
C - For Review & Comment
0 - In Development
8.
Document
to
be
distributed
to
States by Headquarters? Yt«
_x_
No
This Request Meats OSWER Dlr«ctlv«s S
9. Signature of Lead Office Directives Otfrdinator
EPA Form 131S-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER C
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
"****"
MAR 22 1988
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONS
OSWER Directive No. 9380.2-Oe
MEMORANDUM
SUBJECT: Superfund innovative Technology Evaluation (SITE)
\Program Requirenfents
FROM: HT. Winston'Portjer
Assistant Administrator
TO: Addressees
PURPOSE
The purpose of this memorandum is to describe the regulatory requirements
and procedures for implementing treatment technology demonstration projects
in the SITE program.
BACKGROUND
^ The SITE program was established under section 209(b) of the Superfund
Amendments and Reauthorization Act (SARA) (section 311(b) of CERCLA, as
amended) to evaluate technologies for the treatment of hazardous waste. The
purpose of the program is to expedite the development and commercialization
of technologies to fulfill the cleanup requirements under section 121 of.
SARA* This is primarily accomplished by conducting technology demonstrations.
These demonstrations provide performance, cost and reliability data so that
potential future users have sufficient information to make sound judgements
as to the applicability of the technology for a specific site or to compare
it to other alternatives. Demonstrations will take place under conditions
that either duplicate or closely simulate actual wastes and conditions
found at Superfund sites. The demonstrations will simulate a commercial
scale application and will be of sufficient size to generate data applicable
to full-scale operation. The results of these demonstrations will be broadly
applicable to all hazardous waste cleanup efforts.
The program is focused on conducting technology evaluations as partner-
ships between EPA and developers. After acceptance into the program, the
technology developers are responsible for providing and operating their
equipment, while the Agency is responsible for monitoring and evaluating
performance. New technologies are accepted into the program based on
responses to a Request for Proposal (RFP), which is distributed annually.
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.Once a developer is accepted, a Superfund wasta is chosen for treatment
demonstration based on sits nominations provided by the Regions. At the
present time, there are 20 developers participating in the program with
projects at various stages of completion. Several field demonstrations are.
taking place for the. first group of technologies; Regions are considering
Superfund site nominations for the second group; and a third RFP will be
distributed in January.
In the course of implementing these projects, several issues have
arisen concerning the relationship to Superfund and RCRA requirements.
Specifically, issues concerning permitting, ARARs (applicable or relevant
and appropriate requirements), community relations, and cost recovery are
addressed below.
DISCUSSION
Section 311 of CERCLA authorizes EPA to carry out the SITE program and
sets forth detailed standards governing the program. Projects taken under
the SITE program are not remedial actions and are not governed by the pro-
visions of section 121 of CERCLA. Rather, section 311(b)(4) requires that
SITE projects be carried out:
under such terms and conditions as the Administrator shall require to-
assure the protection of human health and the environment and to assure
adequate control by the Administrator of the research, testing, evalua-
tion, development, and demonstration activities at the site.
In addition, section 311(b)(7) provides that in selecting technologies
to be demonstrated, EPA "shall, consistent with the protection of human
health and the environment, consider..." several enumerated criteria.
EPA believes that section 311 gives the Agency authority to determine
what is necessary to protect human health and the environment, and that SITE
program activities are not subject to environmental permitting requirements
under other Federal and State laws. However, in order to assure protection
of human health and the environment, SITE demonstration projects taking
place at Superfund sites should comply with the substantive requirements
of all applicable or relevant and appropriate State and Federal environ-
mental laws, except where a waiver similar to one of those provided in
section 121(d)(4) is appropriate. For the same reason, off-site demonstra-
tion projects should be limited to facilities having all appropriate State
and Federal permits.
Occasionally, it will be necessary to conduct laboratory bench-scale
treatability tests prior to the actual technology demonstration. Bench-scale
tests are primarily required to assess the effectiveness of and establish
operating parameters for biological and solidification technologies. In
order to assure protection of human health and the environment, EPA will
prefer to use permitted facilities to conduct bench-scale treatability
tests. However, if this is not practicable, the tests may be performed at
non-permitted off-site facilities. It is anticipated that unpermitted
facilities would only be used in a limited number of circumstances. Any
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usee of off-site facilities should be restricted to wastes in limited quantities
necessary to'perform the tests (e.g., 50 kg). Laboratories conducting treatabi-
lity tests should be required to submit a test plan and to have a health and .
safety plan. No public comment period is necessary for the small-scale labora-
tory testing. Unused samples, treated residues, and by-products should be
returned to the original site or disposed of at permitted facilities. Manifests
should be used for shipment of waste to Subtitle C facilities. However,
shipments from a Superfund site to a laboratory for study and then back to
the Superfund site need not be manifested. Materials should be transported
in accordance with relevant DOT or postal service regulations and all shipping
receipts should be kept in the project files. In addition, sample handling
requirements in 40 CFR 261.4(d) should be met.
With respect to community relations, CERCLA section 311(b)(5)(e)
requires that the Agency give notice and opportunity for public comment on
SITE demonstrations. The primary purpose of this provision is to solicit
comments on the proposed matching of technologies with sites for the purpose
of conducting field demonstrations. . The SITE program will use the community
relations procedures established for CERCLA remedial actions when carrying
out demonstrations at Superfund sites. Off-site demonstrations should
comply with relevant permit requirements, and the associated public comment
process will satisfy the SITE program requirements.
Finally, since the SITE demonstrations are not part of the Superfund
response action, the costs are not recoverable from responsible parties.
Attachment " .
Addressees:
Director, Office of Emergency & Remedial Response, Region II
Director, Hazardous Waste Management Division, Regions III & VI
Director, Air and Waste Management Division, Region II
Director, Waste Management Division, Regions I, IV, V, VII & VIII
Director, Toxics and Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
Director, Environmental Services Division, Region I-X
cc: Director, ORD/OEETD
Director, ORD/HWERL.
Director, OERR
Regional SITE Coordinators
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