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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