vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 948L .OO^LO
TITLE: Implementation Strategy for Alternate Concentration Limits
APPROVAL DATE: 8/11/87
EFFECTIVE DATE: 8/L1/87
ORIGINATING OFFICE:
0 FINAL
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
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G.CPA Washington. DC 20460 * V
wcrM QSWER Directive Initiation Request
2. Originator Information
Name of Contact Person jMail Code (Office
Ron Kolpa " WH-563B i OSW/PSPD/SPB
1 Directive Number
948L.OO-LO
Telephone Code
382-2221
3 Title
Implementation Strategy for Alternate Concentration Limits
4 Summary cf Ciirec'-.-e (include brief statement of purposei
The ground-water protection standards (40CFR Part 264, Subpart F) established under
RCRA require that facility permits establish a concentration limit for each hazardous
constituent entering the ground-water from a regulated unit. Concentration limits can
be established through Alternate Concentration Limits (ACLs) . This strategy describes
activities that will implement ACL regulations and guidance.
5. Keywords permic; Alternate Concentration Limit; Ground-water Standards; Land Disposal
F^riHry- TSHF
5a. Does This Dir'ecwe Supersede Previous U!fecT.i.e:5> ;
!xx;No i | Yes What directive
D. Does It Supplement Previous Directive(s)0 , : , ;
..'No i Ves What directive
. j»_"_' !
7. Draft Levei
n:
8 - Signed by Office Director C -- For Review & Corr
(numoer. title;
(number, title)
iment | D - in Development
8. Document to be distributed to States by Headquarters? [xxjYes
No
This Request Meets OSWER Directives System Format Standards.
5. Signature of Lead Office Directives Coordinator
vJjjMLifer-- ^ ftto^
^***^ ^\
10. Name and Title^f Approving Official
Marcia Williams, Director, Office of Solid Waste
.Date
aMa?
.Date
; 8/11/87
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsoie'e
OSWER OSWER OSWER O
E DIRECTIVE DIRECTIVE DIRECTIVE
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32Z
UNITED 5TATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON D.C. 20 150.
-.:': Of
'. :-. \ :MCY RESPONSE
2 I 1987
MEMORANDUM
SUBJECT: Implementation Strategy for Alternate Concentration
Limits (OSWER Policy Directive # 9481.00-10)
FROM: Ma re i a E. Williams, Director
Office of Solid Waste
TO: Waste Management Division Directors
EPA Regions 1-10
Attached is a copy of the final implementation strategy for
Alternate Concentration Limits. This strategy was developed by
a workgroup consisting of staff from EPA Headquarters, EPA Regions
and State environmental agencies. The workgroup identified the
issues that the Agency might face in the implenent.ation of the
ACL standards and guidance and proposed and evaluated various
options for resolving those issues.
This strategy outlines Agency activities in six distinct
topic areas: development of ACL-related data, technical assis-
tance to EPA Regions and States, cross-media impacts, outreach
and public education, data management and training. For each
indicated activity, the strategy identifies the Division or
Branch of OSW having lead responsibility and establishes a
schedule tor completion of the action.
Let me take this opportunity to thank all of the Regions
who participated in the formulation and review of this strategy.
Any questions on the strategy should be directed to Bruce Weddle,
Director, Permits and State Programs Division.
cc: Hazardous Waste Branch Chiefs, Regions 1-10
Implementation Strategy Workgroup Participants
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OSWER Policy Directive # 9481.00-10
IMPLEMENTATION STRATEGY FOR
ALTERNATE CONCENTRATION.LIMITS
Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
August 1987
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OSWER Policy Directive # 9481.00-10
PREFACE
The ground-water protection standards (GWPS) (40 CFR Part
264, Subpart F) established under the Resource Conservation and
Recovery Act (RCRA), require that facility permits establish a
concentration limit for each hazardous constituent entering the
ground water from a regulated land disposal unit (i.e., all
surface impoundments, waste piles, land treatment units, and
landfills that receive hazardous waste after July 26, 1982).
Concentration limits used to determine the GWPS are based on one
of three criteria: background levels of hazardous constituents,
maximum concentration limits (MCLs) listed in 40 CFR 264.94(a),
or alternate concentration limits (ACLs). To obtain an ACL, a
RCRA permit applicant must demonstrate that hazardous
.constituents detected in the ground water "will not pose a
substantial present or potential hazard to human health or the
environment" at the level established. A summary of the
regulation is presented in Appendix A.
EPA's Office of Solid Waste (OSW) is currently developing
guidance for permit applicants and permit writers on how to
address the regulatory criteria for obtaining an ACL. This
Implementation Strategy describes activities that will implement
the ACL regulations and guidance and the general order in which
those activities will be carried out. It identifies the
responsible office in EPA (or at the State level, if appropriate)
in connection with each activity. Although in the past many
Regions and States were concerned over the possible technical
complexity or resource requirements of reviewing ACL
applications, OSW expects that the ACL Implementation Strategy
and the ACL Guidance should be helpful in streamlining the review
of ACL applications and ensuring that the process is simpler,
speedier, and less resource intensive. The implementation
strategy and guidance will facilitate Regional and State review
of ACL applications by identifying offices that reviewers may
call upon for assistance and by providing additional procedures
and coordination for ACL activities.
The ACL Implementation Strategy was developed by a workgroup
consisting of staff from EPA Headquarters, EPA Regions, and State
environmental agencies. The workgroup assisted OSW in
identifying issues that the Agency might face in the
implementation of the ACL standards and guidance, and by
proposing and evaluating alternative means for resolving those .
issues. Eased on the workgroup discussions, OSW prepared and
distributed two reports, the ACL Implementation Phase I Report
and the ACL Implementation Phase II Report, summarizing the most
important issues and potential means of addressing the issues.
This Implementation Strategy is based on the workgroup
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OSWER Policy Directive # 9481.00-10
recommendations. A more detailed discussion and schedule of the
workgroup's activities to date and a list of workgroup
participants appear in Appendix B.
An executive summary and schedules for implementation precede
the text of the strategy.
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OSWER Policy Directive # 9481.00-10
TABLE OF CONTENTS
Page
PREFACE 2
EXECUTIVE SUMMARY 5
EXHIBIT 1: Summary of ACL Implementation
Activities 7
EXHIBIT 2: Schedule for Implementation
Activities for ACLs 8
IMPLEMENTATION STRATEGY 9
1. Development of ACL-related Data 9
2. Technical Assistance to EPA Regions
and States 9
3. Cross-Media Impacts 10
4. Outreach and Public Education : 11
5. Data Management 11
6. Training . 12
APPENDICES
Appendix A: Summary of Rule 13
Appendix B: Summary of Strategy Development 15
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OSWER Policy-Directive # 9481.00-10
EXECUTIVE SUMMARY
This Strategy outlines six activities for implementing the
review of ACL applications. The State Programs Branch (S?B) will
have overall responsibility for coordinating these activities,
and will provide assistance to responsible offices. The goal of
the strategy, in combination with guidance on ACL applications,
is to make the ACL decision-making process as simple, speedy, and
efficient as possible. The following section provides a synopsis
of each activity, the office primarily responsible, and the
schedule for completion of specific tasks.
1. Development of ACL-related Data
EPA performed a number of telephone surveys in the spring of
1985, and August 1986 to determine the number of. States that
allow ACLs in their regulations. In order to update the
telephone survey data concerning ACLs, the Assistance Branch (AB)
conducted a survey in November 1986, at the New Orleans Regional.
Section Chiefs meeting to ascertain the number of ACL
applications already submitted and an estimate of the number
expected to be submitted in the future. This survey indicated
that approximately 30 ACL applications had been received or were
expected. From the survey data, AB developed an inventory that
established a framework for forecasting the likelihood of
additional ACL applications and for estimating the resources
required for ACL review.
2. Technical Assistance to EPA Regions and States
In order to assist Regions or States that may not currently
have the technical resources to fully analyze ACL applications,
and to promote national consistency in ACL reviews, the Land
Disposal Permit Assistance Team (PAT) of the Assistance Branch
(AB), upon request, will aid in the review of specific issues and
aspects of the ACL application identified by the Regions and/or
States. The AB will provide comments and recommendations on
submitted ACL applications to the Regions and States. To promote
information transfer among the Regions, the. AB has prepared and
distributed short fact sheets summarizing the issues and
recommendations raised during each ACL application review. The
first set of fact sheets was distributed to the Regions in
December 1986. Updates have followed quarterly. In addition to
case studies contained in the Interim Final ACL Guidance (July
1987), the Special Wastes Branch (SWB) has incorporated other
screening methods into the guidance document.
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OSWER Policy Directive # 9481.00-10
3. Cross-Media Impacts
In order to ensure consistency within other EPA offices, the
Assistance Branch will coordinate with EPA Offices to determine
the extent of cross-media impacts associated with ACL decisions.
4. Outreach and Public Education
Regions and States will be primarily responsible for
conducting site-specific outreach activities to inform the public
about the process involved in reviewing ACL applications, such as
ground-water modeling, risk assessment, and other analytic
techniques. The Office of Program Management and Support (OPMS),
with assistance from the Technical Assessment Branch, the
Assistance Branch, and the Special Waste Branch, will develop a
data sheet describing general ACL requirements, guidance, and
other issues. With the assistance of the Association of State
and Territorial Solid Waste Management Officials (ASTSWMO), OPMS
will distribute the first data sheet in October 1987. The data
sheet will be used at the discretion of the Regional Offices and
States to provide to the public basic information concerning ACLs
5. Data Management
The current number of ACL applications allows manual
collection, management, and tracking of ACL-related program
management data. The Information Management Staff (IMS) will
determine whether modifications to the Hazardous Waste Data
Management System (HWDMS) or to the proposed RCRA Information
System (RCRIS) should be made to include ACL data or whether a
stand-alone ACL tracking system should be developed. Until then,
Regions and States will continue to track the progress of ACL
applications manually and, upon request, to forward the data to
Headquarters.
6. Training
With assistance from other offices, the Office of Program
Management Support (OPMS) will identify problems Regions and
States have experienced with reviewing ACL applications. Based
on their findings, OPMS may develop and present to the Regions a
training package.
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OSWER Policy Directive # 9481.00-10
EXHIBIT 1
SUMMARY OF THE ACL IMPLEMENTATION ACTIVITIES
Responsible
Activity Organization Target Date
Permit Assistance Assistance Ongoing based on
on ACL Application Branch Regional and
Issues State Requests
Conduct Inventory Assistance November 1986
Of ACL Applications Branch (Completed)
Currently Outstanding
or Anticipated
Prepare Fact sheets Assistance December 1986,
Summarizing ACL Branch then quarterly
Issues
Incorporate Screening Special Waste June 1987
Methods in ACL Branch (Completed)
Guidance
Issue Interim Final Special Waste June 1987
ACL Guidance Branch
Develop and Distribute OPMS October 1987,
Public Information Distributed as
Data sheet Necessary
Evaluate Need for OPMS October 1987
Providing Training
on ACL Application
Reviews
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EXHIBIT 2
SCHEDULE FOR IMPLEMENTATION ACTIVITIES FOR ACLS
1987
1988
Act ivi ty
MAY JUN JUL AUG SEP OCT
NOV
DEC JAN FEB MAR
1. Permit Assistance
2. Fact Sheets
3. Incorporate Screening Material
into Guidance
it. Guidance
Ongoing
Quarterly
Ongo i ng
5. Coordinate ACL Program with
OLher EPA Offices
6. Public Information Data Sheet
7. Training on Application Reviews
Ongoing
X Ongoing at
Reg ionu 1
and State
Discretion
X Ongoing at
Headqua rter" s
L)i scret ion
0
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0
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OSWER Policy Directive # 9481.00-10
IMPLEMENTATION STRATEGY
This Strategy outlines the major activities that will be
undertaken to implement the ACL standards and guidance. The
activities required include data collection, training
coordination of technical assistance, and outreach. Each element
of the Implementation Strategy is discussed below in terms of the
problem involved, the necessary activities, and the offices that
will be responsible for those activities.
1. Development of ACL-Related Data
In the spring of 1985, and August 1986, EPA collected
information on State regulations concerning ACLs in a series of
informal telephone surveys that did not include all of the
States. Additional information was necessary to update the
Agency's records. In order to gather this data, the Assistance
Branch (AB) tabulated the responses from the telephone surveys
and the New Orleans Regional Section Chiefs meeting in November
1986 and used the results to develop a nation-wide inventory of
pending or anticipated ACL applications. The survey indicated
that approximately 30 ACL applications had been or were expected
to be received. The inventory was used to forecast workload,
technical assistance requirements/ and data management
requirements.
2. Technical Assistance to.EPA Regions and States
The number of ACL applications received by EPA may increase
considerably as additional ground-water characterization and risk
analysis are performed at land disposal facilities required
either to apply for operating permits or to cease operations.
The number of additional ACL applications is likely to depend on
whether currently pending ACL applications are approved or
disapproved and the reasons for the decisions. Since the
regulations became effective on January 26, 1983, few
applications have been submitted, and only one has been
approved. Currently, 13 ACL applications have been submitted by
the Regions for review by EPA Headquarters. Some authorized
States report that they expect to obtain additional applications.
Some Regions and States have sufficient resources, including
hydrogeological, toxicological, and environmental effects
personnel, to analyze ACL applications without formal assistance
from EPA Headquarters. Other Regions and States have expressed
interest in different forms of assistance, including toxicology,
ground-water modeling, risk assessment, and fate and transport
modeling. In addition. Headquarters reviews can help promote
national consistency and development of a sound, realistic,
national. ACL policy. In order to provide technical assistance to
Regions and States, the following steps have and will be taken.
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OSWER Policy Directive # 9481.00-10
First, the Assistance Branch (AB) will, upon request, make
technical assistance routinely available to the Regions and
States through the Land Disposal Permit Assistance Team (PAT).
In providing ACL applications to the AB for review, Regions
should choose applications containing relatively complete
supporting data. The Region should carry out an initial analysis
of the ACL application and indicate specific questions for the AB
to address. The AB will review the ACL issues and methodology
questions and provide comments and recommendations to the Regions
and/or States.
Second, the Special Wastes Branch (SWB) has incorporated
screening methods into the ACL Guidance. In part, the five case
studies included in the guidance will provide examples that can
be used to determine whether basic standards have been met in the
ACL application. Other screening methods prepared by the SWB
will provide general outlines of the factors that must be
considered in reviewing an ACL application. Screening methods
were developed in December 1986, and incorporated into the
Interim Final Guidance document, expected to be released in June
1987.
Third, to promote information transfer among Headquarters and
the Regions, the Assistance Branch (AB) has prepared a short fact
sheet on each ACL application reviewed in Headquarters. The fact
sheet summarizes the issues raised by pending ACL applications
and the recommended solutions to those issues. If a number of
issues identified through the fact sheets described above
indicate that workshops are desirable, short information
workshops describing major points concerning ACL application
reviews will be held in the Regions by AB personnel. The first
set of fact sheets were distributed in December 1986. Updates
have followed at the end of each quarter.
3. Cross-Media Impacts
A number of different EPA offices, including the Office of
Research and Development (ORD), the Office of Water (OW), the
Office of Toxic Substances (OTS), the Office of Emergency and
Remedial Response (OERR), and components of OSW such as the
Technical Assistance Branch, develop toxicological data or
concentration limits to achieve their own missions. Because an
ACL application may seek concentration limits developed from
toxicological data for compounds that have had limited peer
review, technical assistance to permit writers from other offices
in reviewing toxicological data and fate and transport
calculations will be needed. Such assistance will not only
support the ultimate decision on the ACL application, but will
also maintain consistency of methodology within the Agency.
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OSWER Policy Directive # 9481.00-10
To ensure consistency between the RCRA and SARA programs, the
Special Waste Branch (SWB) has factored into the ACL technical
guidance document (OSWER Directive 9481.00-6C) the SARA
provisions pertaining to cleanup criteria. The Agency's policy
incorporating the cleanup criteria can be found on pages 1-6
through 1-8 of the guidance document.
The Assistance Branch (AB) has been assigned as the central
contact point to which Regions and States can direct their
technical questions involving ACL applications. The AB is
responsible for determining to which EPA office or specialist the
question should be directed for assistance on an as-needed
basis.. In addition, the AB will coordinate with the other EPA
offices to determine the extent of cross-media impacts associated
with ACL decisions.
4. Outreach and Public Education
Some Regions recommended that organized public groups located
near the facility at which the ACL is being requested should be
contacted early in the ACL application review, so that the public
can become familiar with the entire process. The public comment
period for the draft permit should not be relied upon exclusively
to provide information to the public concerning the nature and
purpose of ACLs, or to resolve public questions about particular
sites. The public comment period may be too late to address
incorrect public impressions concerning ACLs.
EPA Regions and States will be primarily responsible for
conducting ACL outreach and public education activities. Regions
and States should design and implement their own outreach and
public education programs for particular ACL applications, so
that the outreach activities will be site-specific. OSW's Office
of Program Management and Support (OPMS), with assistance from
the Special Waste Branch (SWB), the Assistance Branch (AB),
Technical Assessment Branch (TAB) and ASTSWMO, will consult with
the Regions and States, and in October 1987 will prepare a data
sheet describing general ACL requirements, the ACL Guidance, and
other issues upon which national consistency is particularly
desirable. The data sheet will be distributed, upon request, to
the Regions and States by OPMS and ASTSWMO to be used during
public hearings or public meetings prior to the hearing.
5. Data Management
The current number of ACL applications allows manual
collection, management/ and tracking of ACL-related program
management data. Using this method, Regions will continue
tracking ACL applications and will forward collected data to
Headquarters on request. If the future number of ACL
applications overburden this informal tracking method, the
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OSWER Policy Directive # 9481.00-10
Information Management Staff (IMS) will determine if
modifications to the Hazardous Waste Data Management System
(HWDMS) or to the RCRA Information System (RCRIS) should be made
to include ACL data,, or if a stand-alone tracking system should
be developed.
The advantage of tracking the progress of ACL applications
lies in improving the capability of predicting the future rate of
ACL applications and the ability to manage technical resources.
Another advantage results from being able to identify Regions
experiencing similar technical difficulties.
To date, the number of ACL applications received or pending
does not warrant a stand-alone tracking system.
6. Training
Regional and State staff responsible for reviewing ACL
applications may need additional technical training. The Office
of Program Management Support (OPMS), with the support of the
Assistance Branch (AB) and Special Waste Branch (SWB), will
identify problems Regions and States have experienced in
reviewing ACL applications submitted by certain facilities (i.e.,
wood treaters). Based on their findings, OPMS may develop a
training package that could include workshops, brief fact sheets,
or training modules. With the support of the AB and SWB, OPMS
will coordinate and present any training that is' needed.
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OSWER Policy Directive # 9481.00-10
.APPENDIX A
SUMMARY OF RULE
The Resource Conservation and Recovery Act (RCRA) requires
owners and operators of hazardous waste management facilities to
use design features and control measures that prevent the leaking
of hazardous waste into ground water. All land disposal
regulated units (i.e., all surface impoundments waste piles, land
treatment units, and landfills that receive hazardous waste after
July 26, 1982) are also subject to the ground-water monitoring
and corrective action standards of 40 CFR Part 264, Subpart F.
These standards require the Regional Administrator to establish a
ground-water protection standard (GWPS) in the facility permit
for each hazardous constituent entering the ground water from a
regulated unit. Degradation of ground-water quality will not be
allowed beyond this GWPS. Corrective action is required if the
GWPS is exceeded.
Concentration limits used to establish the GWPS must be based
on one of three criteria: background levels of hazardous
constituents; maximum concentration limits (MCLs) listed in 40
CFR 264.94(a); or alternate concentration limits (ACLs). One of
the first two levels are established in the facility permit
unless the facility owner or operator applies for and obtains an
ACL. To obtain an ACL, a RCRA permit applicant must demonstrate
that hazardous constituents detected in the ground water will not
pose a substantial present or potential hazard to human health or
the environment at ACL levels. ACLs are granted through the
permit process under 40 CFR Parts 264 and 270.
In order to demonstrate that the proposed ground-water
concentration of the constituent will not adversely affect human
health or the environment, consideration of the following ten
factors is required:
(1) The physical and chemical characteristics of the
particular waste constituent.
(2) The hydrogeologic characteristics of the
surrounding area.
(3) The quantity of ground water and the direction of
ground-water flow.
(4) Regional precipitation patterns.
(5) The proximity of ground-water and surface water
users.
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OSWER Policy Directive # 9481.00-10
(6) The current and future uses of the ground water and
the surface water in the area.
(7) The existing quality of ground water and surface
water, including other sources of contamination.
(8) The potential for human health risks.
(9) The potential for damage to wildlife, vegetation,
agriculture, and physical structures.
(10) The persistence of the contamination and permanence
of potential adverse effects.
Because the ACL approach is site-specific, data on each of
these factors are not always required. The type and amount of
data needed for an ACL demonstration also depends on whether the
applicant attempts to demonstrate that there will be no exposure
to contaminants or that the exposure will not pose a substantial
hazard to human health or the environment.
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OSWER Policy Directive # 9481.00-10
APPENDIX B
SUMMARY OF STRATEGY DEVELOPMENT
The workgroup members listed below participated in the
initial ACL implementation strategy workgroup meeting on March 3,
1986. Workgroup members identified issues involving the
implementation of the ACL standards and guidance and options for
measures to address those issues. The workgroup discussion
provided the basis for the draft Phase I Report on ACL
implementation, which was distributed to the workgroup
participants on April 3, 1986. Workgroup members provided
written comments on the draft Phase I report, and participated in
a telephone conference on April 14, 1986, in which the issues
included in the draft Phase I report were discussed. Based on
'the results of the telephone conference and the written comments,
a draft Phase II report was prepared summarizing the most
important issues and the pros and cons of alternative methods of
addressing those issues. This draft Phase II report was
distributed to workgroup members on April 23, 1986. Written
comments once again were obtained from workgroup members, and a
telephone conference on the draft Phase II report was held on May
5, 1986. Based on the recommendations of the workgroup,
particular implementation activities were chosen for inclusion in
the draft ACL Implementation Strategy, which was completed on May
15, 1986. The strategy has subsequently been reviewed by
workgroup members, and revised to reflect their comments. Final
approval was given to the strategy by the OSW Office Director in
August 1987.
List of Workgroup Participants
Workgroup Member Office
Alex Wolfe EPA/HQ OSW/SPB
Vernon Myers EPA/HQ . OSW/SWB
Mark Salee EPA/HQ OSW-PAT
Jacqueline Moya EPA/HQ OWPE -
Nestor Aviles EPA/HQ OSW-PAT
Bob Kayser . EPA/HQ OSW-PAT
Terry Grogan EPA/HQ OSW-PAT
David Levenstein EPA/HQ OWPE
Jim Bachmaier EPA/HQ OSW/LDB
Kennan Garvey EPA/HQ OSW/OPMS
Chaz Miller EPA/HQ OSW
Ken Skahn EPA/HQ OSW/CAD/SMB
Ken Jennings EPA/HQ OWPE
Ann Strickland EPA/HQ OECM
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OSWER Policy Directive # 9481.00-10
List of Workgroup Participants (continued)
Workgroup Member
Mickey Hartnett
Paul Day
Rich Traub
Bob Stewart
Kathleen Tobin
Larry Wapensky
Jeff Scott
Joseph Keflemarian
Phil Retallick
Jan Radimsky
Office
Region IV
Region X
Region V
Region VII
Region II
Region VIII
Region IX
Oklahoma
Delaware
California
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