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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                                    -2-


.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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          .*-                         -3-


 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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