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 ------- 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. ------- |