United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER: 932C
TITLE: Procgdures for Updating the National Priorities LIs
APPROVAL DATE: May 23, 1984
EFFECTIVE DATE: my 23 1994
ORIGINATING OFFICE: OERR/HSCD
& FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
Supplemente 9320.1-02: Giudance for Establishing the NPL, ar
9320.3-01: Guidance for Updating the NPL
OSWER OSWER OSWER
/E DIRECTIVE DIRECTIVE
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03/19/87 United States Environmental Protection Agency
Washington, O.C. 20460
EPA OSWER Directive Initiation Reques
2. Originator Information
Name of Contact Parson MaBCode Office
PARRISH OERR/HSCD
1. Directive Number
[ 9320.3-03
Telephone Number
382-5632
3. Title
j PROCEDURES FOR UPDATING THE NPL
1
4. Summary of Directive (Include brief statement of purpose)
!
Sets forth the process for developing updates to
the NPL; and presents the schedule for proposing
the second update; (1/84, ; 8 pp)
Supplements directives 9320.1-02', 9320.1-03 and
9320.3-01.
5. Keywords
'. SUPERFUND, CERCLA, NATIONAL PRIORITIES LIST, NPL, NPL UPDATING
PROCEDURE
6a. Does this Directive Supercede Previous Directives)?} | yes [ Xj No
b. Does It Supplement Previous Directives^)? [ X| yes | No Wr
. • , , 9320.]
7. Draft Level
A-SlgnedbyAA/DAA B - Signed by Office Director 1 C-ForRevte
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
9. Name and Title of Approving Official
L. THOMAS
What directive (number, title)
lat directive (number, title)
.-02; 9320.3-01
w & Comment 1 1 In Development
Date
Date
05/23/84
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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'
i
/
/
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MEMORANDUM
MAY 23 !°34
°SWER Directive 9320.3-3
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
TO:
retf forr/ Updating the National Priorities List
Thoma/'L
Assistant Administrator
•
Regional Administrators
INTRODUCTION
The Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA) requires that the National Priorities
List (NPL) be updated at least annually. EPA published the first
NPL update of 133 sites as a proposed rule on September 8, 1983,
and we plan to publish the final rule for those sites in May
1984. The next proposed rule to update the NPL is scheduled for
August 1984. The purpose of this memorandum is to set forth the
processes for developing updates to the NPL and present the
schedule for proposing the second update. This memorandum supple-
ments and revises guidance set forth in the June 28, 1982, May 12,
1983, and May 17, 1983, guidance memoranda on the NPL. The
scheduling for NPL site deletions is also discussed, and since
the second update will include Federal facilities, the general
approach for identifying and scoring Federal candidate sites is
presented.
PROCESS FOR UPDATES
We are revising the process for updating the NPL in several
key ways. Henceforth, rulemaking to update the NPL will be
proposed in the Federal Register once per year in late July or
August. Likewise, after completion of the public comment period
and review of comments, expected to take about eight months from
time of proposal, we will publish final rulemaking once per year
Regions may submit new sites for proposed rulemaking to update
the NPL at any time during the year. In fact, identifying and
scoring NPL candidate sites should be a routine activity that
develops from the Preliminary Assessment/Site Inspection (PA/SI)
programs in the Regions and States. Headquarters will conduct
quality assurance (QA) on a routine year-round basis as the
Regions submit sites except for that period of time when the QA
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Where a site consists, of regulated units of a RCRA facility
operating pursuant to a permit or interim status, it will
not be included on the NPL but will instead be addressed
under the authorities of RCRA . . . EPA does however
consider eligible for listing on the NPL those RCRA facili-
ties at which a significant portion of the release appears
to come from "non-regulated units" of the facility, that
is, portions of the facility that ceased operation prior to
January 26, 1983.
For clarification you should note that the off-site portions of
releases from RCRA-regulated operating units are not regulated
and are eligible for NPL listing once the releases have crossed
the facility (as defined under RCRA) boundaries. For HRS scoring
purposes in such cases, values for "waste characteristics" and
other factors may be based on conditions at the RCRA-regulated
facility.
Emergency Actions
Any site being considered as an NPL candidate should promptly
be evaluated for any possible emergency actions. Of course,
results of HRS calculations for Direct Contact and Fire and Explo-
sion should also be considered in this evaluation.
Noncontiguous Facilities
Current guidance via the Preamble to the final rule
(September 8, 1983) specifies that generally EPA scores sites and
lists them on the NPL individually. The Preamble to the first
proposed update requested public comments on that policy, and the
Agency may consider alternate approaches. However, for now the
Regions and States should refer to the September 8, 1983, Preamble
to the final rule in the Federal Register.
Rulemaking for Individual Sites
On occasion the Agency may find that expeditious rulemaking
actions may be necessary for an extremely limited number of sites
(e.g., Times Beach), and the schedules for the annual update or
final rulemaking will not accommodate the Agency's needs. In such
cases, where expeditious action is necessary to address human
exposure to toxic substances, the Regions should request that
proposed or final rulemaking be carried out independent of the
regularly scheduled rulemaking. On making such a request the
Region should clearly specify the unique circumstances that
warrant a special rulemaking.
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It is especially important to submit complete and legible
Documentation Records. These are an important part of the
administrative record for the rulemaking. Please recognize that
an inadequate administrative record can be grounds for the courts
to remand the listing of a site. Packages containing incomplete
or otherwise unacceptable Documentation Records and other essential
documents will be returned to the Regions without further review.
Site Names
When you select a site name choose one that most clearly
identifies a site. For example, location (e.g. Onalaska Municipal
Landfill), the name of the business (e.g. Kin-Buc Landfill), or
a general description of the problem (e.g. Perham Arsenic).
Often you may want to avoid naming businesses which were not
associated with the site during the time the substances were
disposed or deposited.
Narrative Summaries
Since narrative summaries of NPL sites are important tools .
used to inform members of Congress, the press, and the general
public, we want them to be consistent in the information they
contain. To help you in this effort we are providing you with
a set of specific instructions for preparing narrative summaries
(attached). We request that these instructions be followed so
excessive editing or re-typing can be avoided. You should consult
with the States to ensure that the narrative summaries contain the
most current information possible.
SCHEDULE FOR THE SECOND UPDATE
We have discussed this schedule and the procedures
previously described with your staff during the last several
months and they have seen earlier drafts of this memo. Regional
submissions of candidate sites for inclusion on the second update
should have been submitted to Headquarters by May 1, 1984. The
remaining schedule is as follows:
Quality Assurance (QA) completed June 15, 1984
Proposed Rulemaking Published August 1, 1984
If you have any questions regarding the second NPL update,
please contact Joe Gearo (FTS-475-8103) of the Discovery and
Investigations Branch.
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Hazardous waste site listed under the
Comprehensive Environmental Response. Compensation, and Liability Act of 1980 (CERCLA)rSuperfund"
JOSLYN MANUFACTURING & SUPPLY CC.
Brooklyn Center, Minnesota
Joslyn Manufacturing & Supply Co. treated wood on a 93-acre site adjacent to
Twin Lakes In the urban community of Brooklyn Center, Hennepln County, Minnesota.
The plant, which operated from 1920 to 1980, used processes Involving creosote,
pentachlorophenbl, and copper-arsenic. Before the 1960s, the plant was called
Consolidated Pole Treating Co. and before the 1940s, Naugle Pole and Tie Co.
In 1944, this facility discharged Its waste water to a marshy area connected
to Twin Lakes. Later, an unlined surface Impoundment adjacent to the marsh was
used. In the 1970s, an oil reclamation unit preceded the surface Impoundment.
In 1976, 216,000 gallons per year were discharged to the surface Impoundment.
Waste sludge has also been burled on the site. A number of nearby residential
wells and surface water sediment are contaminated by pentachlorophenol and
creosote constituents.
Joslyn completed a ground water investigation in October 1981.- In August
1983, Joslyn is scheduled to start excavating and properly disposing of 2,300
cubic yards of pond sludge and several hundred cubic yards of contaminated soil.
The State is negotiating for additional investigation and remedial actions.
U.S. Environmental Protection Agency/Remedial Response Program
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