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 unsuccessful. Issuance of special notice at the ROD stage sr. ; .. : continue to be the exception rather than the rule. ------- 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. ------- |