c/EPA
United States
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
Publication 9834.3-2aFS
May 1991
Summary of "PRP Search
Supplemental Guidance for Sites in
the Superfund Remedial Program"
Office of Waste Programs Enforcement
CERCLA Enforcement Diviston/GEB/OS-510
Quick Reference Fact Sheet
The objective of a Potentially Responsible Party (PRP) search is to gather information on the potentially
responsible parties and necessary evidence for section 106 and 107 actions under CERCLA. This information
is used in the Superfund enforcement process to:
• prepare General Notice Letters (GNLs);
• prepare Special Notice Letters and attachments;
• assess full and partial settlements regarding liability, ability to pay, appropriateness of settlement,
cases remaining against non-settlers, and any special statutory concerns (i.e., de minimis. mixed
funding);
• identify names for community relations mailing lists;
• compile waste-in lists and volumetric rankings, as well as the location and consequences of disposal
for the Remedial Investigation/Feasibility Study (RI/FS);
• determine whether hazardous wastes were sent to the site for determination of potential Applicable
or Relevant and Appropriate Federal or State standards (ARARs); and
• gather evidence in cost recovery, injunctive and access actions, liens, and other legal actions under
CERCLA.
This summary is intended for use only as a supplement, not a replacement, to the offical TRP Search
Supplemental Guidance for Sites in the Superfund Remedial Program," OSWERDirective#98343-2a, issued
June 29,1989.
CERCLA Liability
Section 107 ofCERCLA outlines four categories
ofPRPs. They are:
• present owners and operators;
• past owners and operators;
• persons who arranged for treatment and /
or disposal of hazardous substances (e.g.,
generators); and
persons who accepted hazardous
substances for transport (e.g.,
transporters).
PRP Search Planning
Searches for singleowner/operator industrial plant
site PRPs typically take two quarters. Two-phase,
multi-generator searches may cover five or more
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quarters, and complicated searches for multiple
PRPs take even longer. The PRP search manager
should begin the search with the listing site
inspection and complete it at least two quarters
before the RI / FS. This will allow time for issuance
of General and Special Notice Letters. A Regional
Civil Investigator and an attorney from the Office
of Regional Council (ORC) should assist in
formulating the search plan.
PRP Search Process
(A)The Baseline Report phase consists of three
concurrent steps: Records Collection, Interviews
with Government Officials, and Title Searches.
Records Collection consists of contacting the
appropriate Federal, state, and local government
offices toobtaininformation.Relevantinformation
may include permits, licenses, inspection and
violation reports,contaminationorenvironmental
studies, pertinent site records, accident reports,
and correspondence between site owners/
operators and state officials.
Interviews with state and local officials may help
identify relevant site records, landfill, zoning, and
building permits, clean-up orders, and hauler and
business licenses. Officials also may know of
owners and operators, site employees, citizens
groups, and site neighbors who may have further
information about the site.
Title Searches are performed to identify past and
present owners of a site who may be liable under
section 107 of CERCLA.
CERCLA Section 104(e) information requests
should be issued to owners or operators identified
in the information gathering portion of the PRP
search. Respondents should provide information
about owners/operators, financial information,
information concerning wastes sent to the site and
possiblegenera tors and transporters, and any other
relevant documents. In the event of non-
compliance with an information request, the
Agency may use-an administrative order, judicial
action or administrative subpoena to compel
compliance.
The compilation of collected records, interview
summaries, and responses to information requests
should be used to develop a Baseline Report,
consisting of a history of site activities and a list of
possible PRPs.
An extramural funding level of $25,000 has been
established to complete the baseline PRP search
for a remedial site.
/
(B) The Follow-Up phase should supplement the
baseline report by identifying owner/operators,
persons who arranged for treatment or disposal,
and transporters.
During the follow-up phase, 104(e) information
requests should be sent to parties who have been
identified as potential generators and transporters.
Follow-up information requests to owners/
operators also may be appropriate. Search
managers may want Uxgather further information
aboutgenerators, transporters, and wastedisposal
practices at the site during this phase. The Agency
also has identified 18 specialized tasks that can be
performed during the follow-up PRP search.
Detailed descriptions of these tasks appear in the
PRP Search Manual.
Information gathered during this phase of the
search should be compiled into an Interim Final
Report. The Interim Final Report should be
completed in time for issuance of Special Notice
Letters and information releases to PRPs under
section 122(e) of CERCLA. The PRP search should
continue after the completion of the Interim Final
Report, until all reasonable leads concerning a
person's involvement with the site have been
exhausted.
An extramural funding level of $72,000 has been
established to complete the follow-up search
activities for a remedial site. Funding in excess of
this amount requires a written justification from
the Region.
PRP Search Reports
PRP Search Reports should contain a concise site
history, information on the PRPs within the four
d assesof liable parties, an indication of each PRP's
financial position, and a section containing the
names of other possible PRPs.
Appendices to the report should contain evidence
summary sheets, a summary of all work performed
during the search, and any other supporting
documentation.
For more information or questions, contact Bruce
Gruenwald, OVVPE, Guidance and Evaluation
Branch, at FTS 475-9809.
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