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 ------- 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 ------- ' 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 ------- -3- 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. ------- -5- 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. ------- 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 ------- |