&EPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9320.3-05 TITLE: National Priorities List Information Update #4 APPROVAL DATE: EFFECTIVE DATE: ORIGINATING OFFICE: OERR/HSCD m FINAL D DRAFT STATUS: REFERENCE (other documents): OSWER OSWER OSWER /E DIRECTIVE DIRECTIVE D ------- 03/19/87 united States Environmental Protection Agency Washington, D.C. 20460 EPA OSWER Directive Initiation Requ< 2. Originator Information Name of Contact Person Mall Cod* Office PARRISH OERR/HSC 1. Directive Number 5St 9320.3-05 1 Telephone Number D 362-5632 3. Title NPL INFORMATION UPDATE #4 4. Summary of Directive (Include brief statement of purpose) Provides background information on NPL Response Category/Status Codes. (4/85, 6 pp) 5. Keywords SUPERFUND, CERCLA, NATIONAL PRIORITIES LIST PROCEDURE 6a. Does this Directive Supercede Previous Dlrectlve(s)?| | yes | *| No b. Does it Supplement Previous Directives^)? ___ yes | £| N° 7. Draft Level ' • ' f ~" A-SlgnedbyAA/DAA ~~] B - Signed by Office Director C-ForF This Request Meets OSWER Directives System Format 8. Signature of Lead Office Directives Coordinator 9. Name and THIe of Approving Official R. WYER , NPL, NPL UPDATING What directive (number, title) What directive (number, title) leview & Comment 1 In Development Date Date 04/30/85 OSWER OSWER OSWER DIRECTIVE DIRECTIVE ------- \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 APR 30 MEMORANDUM OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE OSWER Directive 9320.3-5 SUBJECT: NPL Information Update - Update J4 FROM: Russel H. Wyer, Director KZ*^\ Hazardous Site Control Division\ TO; Director, Office of Emergency and Remedial Response Region II Director, Air & Waste Management Division Regions III, IV, VII & VIII. Director, Waste Management Division Regions I & V Director, Toxics and Waste Management Division Region IX Director, Air and Waste Division Region X Puroose The purpose of this memorandum is to request each Region to provide information for proposed and final NPL sites. Specifically: 0 Revise categories/codes 0 Review narrative summaries 0 Identify RCRA-related sites 0 Identify mining-related sites This information is needed to prepare the June 1985 NPL update. This update will include promulgating Update #3 and proposing Update 14. Categories/Codes The response categories (V, R, S, F, D) and cleanup status codes (I, 0, C) are intended to provide the public with information concerning the conditions existing at each site. The codes are also an effective mechanism to indicate the progress of the Superfund program. Specifically, we intend to highlight the "C" cleanup status codes for the June 1985 .. update. ------- -2- We have revised the response categories and cleanup status codes (Attachment 1) to clarify the various designations based on the experience of the last few NPL updates. We have provided a list of currently proposed and final NPL sites (Attachment 2). Please indicate the appropriate codes on these sheets and return them to Harold J. Snyder, Jr., Chief, Discovery and Investigation Branch, Hazardous Site Control Division (WH-548E) by May 6, 1985. Narrative Summaries The narrative summaries are an important element of the Agency's public information program for the NPL announcements. The narrative summaries for sites previously proposed (Attach- ment 3) must be revised to indicate current status and indicate the appropriate response categories and status codes. Please type (double spaced) the required information on the sheets provided, obtain concurrences from office of Regional Counsel and the appropriate Regional enforcement personnel, and return the originals to Harold J. Snyder, Jr. by May 13., 1985. We have also provided the edited narrative summaries for proposed Update #4 (Attachment 4). Please review the summaries, indicate appropriate codes, and provide any additional informa- tion requested. These must also by reviewed and approved by the Office of Regional Counsel and appropriate Regional enforcement personnel. Please return the originals to Harold J. Snyder, Jr. by May 13, 1985. RCRA-Related Sites and Mining-Related Sites The preamble to proposed Update S3 (50 FR 14115, April 10, 1985) described the Agency's intentions for a deferred listing policy for RCRA-related sites. To develop a final policy, we need to identify all RCRA-related sites as defined in the preamble to Update #3 (Attachment 5) for currently proposed and currently final sites. Please use the various categories of RCRA-related sites described in the preamble and indicate these sites on Attachment 2. Please return Attachment 2 to Harold J. Snyder, Jr. by May 6, 1985. The preamble to proposed Update #3 also described the Agency's decision to defer the proposal of a mining site in Utah until the Agency and the Department of Interior determine the ability of the Surface Mining Reclamation and Control Act (SMCRA) to protect the public health, welfare, or the environment at this site. In order to determine the number of mining sites which may be affected by the authorities of SMCRA, we need to identify all potentially mining related sites on the currently proposed and currently final NPL. ------- -3- please indicate which sites are mining related on Attachment 2 and return that attachment to Harold J. Snyder jr. by May 6, 1985. We If you 382-5632) appreciate your assistance in providing this information, have any questions, please contact Scott Parrish (FTS- o ^ Attachments ------- NPL RESPONSE CATEGORIES/STATUS CODES RESPONSE CATEGORIES Response categories R, F, S, V, or D are used to denote the type of responses underway. One or more categories apply to each site, except for "D", which is-used alone. R = Federal and/or State Response: This category includes sites where EPA or State-agencies have commenced or completed response actions defined under CERCLA [NCP, §300.66(f}-(i ) 47 FR 31217, July 16, 1982]. These may include: Removal actions Nonenforcement remedial investigations/ feasibility studies Initial remedial measures Remedial actions. For purposes of categorization, the response action commences when EPA obligates funds. The "D" category applies to actions taken independently of EPA and/or the State -'(i.e., local agencies and responsible parties). F = Federal Enforcement - The This Deoartment of category includes sites where: Justice has filed a civil complaint (including cost recovery 'actions) Issued an administrative order under CERCLA or RGRA A Federal court has mandated some form of response action following a judicial proceeding EPA has obligated funds for enforcement-lead remedial investigations/feasibility studies. A number of sites on the NPL are the subject of legal investi- gations or have been formally referred to the Department of Justice for enforcement action. EPA's policy is not to release information concerning a possible enforcement action until a lawsuit has been filed. Accordingly: - Sites subject to pending Federal action are not included in this category, but are included under the "D" category. The "D" category should also be assigned where: - A Federal legal action has been initiated under authorities other than CERCLA or RCRA. S = State Enforcement; This category includes sites where: A State has filed a civil complaint or issued an administrative order under CERCLA or RCRA A State court has mandated some form of response action following a judicial proceeding A State has obligated funds for enforcement-lead remedial investigations/feasibility studies. It is assumed that State policy is to not release information concerning possible enforcement actions until such action has ------- been formally taken. Accordingly: - Sites subject to pending State legal action are not included in this category, but are included under the "D" category. The "D" category should also be assigned where: — •• - A State legal action has been initiated under authorities other than CERCLA or RCRA. V = Voluntary or Negotiated Response; This category includes sites where responsible parties are taking, or have completed, response actions"pursuant to consent orders consent decrees, or consent agreements to which EPA and/or the State is a party. Usually the response actions result from a Federal or State enforcement action. Response actions covered by such orders, decrees, or agreements include: Removal actions Remedial investigations/feasibility studies Initial remedial measures Remedial actions. The "D" category applies to response actions not covered by such orders, decrees, or agreements. D = Category To Be Determined; This category includes all sites not listed in any other category. A wide range of activities may be in progress at sites in this category: EPA or a State may be evaluating the type of response action to undertake - . A response action may be determined but funds not yet obligated An enforcement action may be under development A Federal or State legal action has been initiated under authorities other than CERCLA or RCRA. Responsible parties may be undertaking cleanup actions that are not covered by a consent order, consent decree, consent agreement, or administrative order. Federal Facilities Assign the response category "R" to Department of Defense facilities where at least Phase II of the Installation Restoration Program is underway or has been completed. Apply usual "R" criteria to other Federal facilities. CLEANUP STATUS CODES Sites, both Federal and non-Federal, where actual cleanup activities are underway or completed will also be coded to desig- nate the status of cleanup activities. (Sites where only remedial investigations/feasibility studies are underway will not have a status code). Response activities to be coded include: ------- Significant removal actions, initial remedial measures, source control remedial actions, and off-site remedial actions financed by the Fund Similar cleanup activities conducted by responsible parties under a consent order, decree, or agreement, court order, or administrative order Similar cleanup activities taken independently of EPA and/or the State. Many sites on the NPL are cleaned up in phases, or operable units.. For purposes of status coding, an operable unit is a discrete action taken as part of the entire site cleanup that significantly decreases or eliminates a release, threat of release, or pathway of exposure. One or more operable units may be necessary to complete the cleanup of a site. Operable units may include significant removal actions which stabilize deteriorating site conditions or provide alternative water supplies, initial remedial measures, and remedial actions. Simple actions such as building fences and berms which do not eliminate a significant release, threat of release, or pathway of exposure are not considered operable units for purposes of status coding. The following codes denote the status of actual cleanup activities at sites. Only one status code will apply to a site where cleanup actions have been initiated. I = Implementation activities are underway for one, or more operable units: Field work is in progress at the site for implementation of one or more removal or remedial operable units, but no operable units are completed. 0 = Implementation activities are completed for one or more operable units; Implementation activities may be underway for additional operable units, but further cleanup actions are necessary. C = Implementation activities are completed for all operable • units:The approved remedy has been implemented."All actions agreed upon for remedial action at the site have been completed and performance monitoring has commenced. The site will be considered for deletion from the NPL subsequent to the comple- tion of performance monitoring and preparation of a deletion recommendation. Further site activities could occur if EPA considers such activities necessary. ------- |