UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C. 20460

                         SEP 2 6 '.G88
                                               OFFICE OF
                                       SOLID WASTE AND EMERGENCY RESPON
                                                 OSWER Directive
                                                 9834.10-la
MEMORANDUM
SUBJECT:
FROM:
Waiver of  Headquarters Approval  for Issuance of  RO/RA
Special Notice Letters at the Time  of ROD Signature
Bruce M. Diamond, Directo
Office of Waste Programs E
          Henry L. Longest  II,  Director 4
          Office of Emergency and Remedia
                                                 OS-500)
                                     ponse (OS-200)
TO:
Waste Management Division Directors,  Regions I-X
Regional Counsels, Region I-X
     The  Interim Guidance  on Notice  Letters, Negotiations,  and
Information  Exchange  (OSWER Directive  Number,  9834.10,  October
19,  1987)  provides  generally for the  issuance of  RD/RA special
notice  letters when the  draft  FS and proposed plan are released
to the  public for comment.   The guidance further  states that if
the  RD/RA special notice is issued  later in the  process (i.e.,
when the  ROD  is  signed)  the Regional  Administrator  must obtain
prior   written   approval  from  EPA  Headquarters.     Effective
immediately,  it is no  longer necessary  to obtain  written approval
from  the  Directors of  OERR and OWPE  to  issue  special  notice
letters at ROD signature.

     As the  policy  states,  the  strongly preferred option  is to
issue  special  notice  when  the  proposed  plan is  released  fcr
public  comment in order to begin the negotiations  process early,
ensure  prompt initiation of  remedial  design  and remedial act::.-.
and  initiate  any  necessary enforcement  action if  negotiations ğr
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                                            OSWER DIRECTIVE 9834.10-la
                               -2-


     Management of  the negotiations time  frames remains a  high
priority and  is essential  to the successful completion  of  RD/RA
negotiations  and  as  such,   it  warrants continued  attention  by
management.     This   waiver  does  not   change   the   Regional
Administrator's authority to extend  the  special  notice moratorium
up  to  30  days  where  justified.    Beyond  that,  requests  for
Assistant   Administrator  extensions  to  the   special  notice
moratorium should continue  to  be submitted in a  timely  fashion.
Special  notice information  must  be entered  into  CERCLIS  on  a
regular basis.  OWPE will  continue  to  monitor negotiations  and
provide assistance,  as appropriate.

     We appreciate your cooperation.  If you have any questions,
please contact Michelle Roddy at FTS 382-7790.
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