UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
JX2IBB6
OFPICE OF
SOLID WASTE ANO EMERGENCY RESPONSE
MEMORANDUM OSWER Directive 9330.2-06
SUBJECT: CERCLA Off-site Policy - Eligibility of Facilities in
Assessment Monitoring
Assessment
Xx^-v-
J. WTnston
FROM: J. WTnston Perrter
Assistant Administrator
TO: Regional Administrators, Regions I-X
As I have indicated in previous correspondence, I intend to
issue later this summer a revised final version of the "Procedures
for Planning and Implementing Off-site Response Actions" (Off-site
•Policy, May 6, 1985). At that time I intend to provide additional
guidance on determinations of ineligibility based upon "other
environmental conditions" that affect the satisfactory operation
of the facility or that pose a significant threat to public
health, welfare or the environment.
One of the key issues in interpretation of the policy
surrounds applying this standard to facilities in assessment
monitoring. Section II.8.5. of the policy states in part:
"For facilities in assessment monitoring, the conditions
which lead to required assessment monitoring, as well
as resulting monitoring data, must be evaluated.
and
"If a facility is in assessment monitoring, the conditions
which lead to assessment monitoring may constitute
environmental conditions that adversely affect facility
operations. In such cases, Regions should assess the
conditions at the facility prior to using the facility for
Superfund purposes", (emphasis added).
In applying this provision to facilities in your Region, you
should use the following guidelines:
* Facilities which are in assessment monitoring should not
automatically be deemed ineligible under the off-site policy,
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0 When a facility is required to begin assessment monitoring,
the Waste Management Division Director should evaluate the
data which lead to assessment monitoring and any other
relevant information.
0 Based on his evaluation, the Director should determine
that the facility is ineligible if;
there is a probable release to ground water, and
the release is significant in that it will affect
satisfactory operation of the facility (e.g. the
release is from an active unit) or may pose a
significant threat to public health and the environment.
0 Where information available at the time a facility begins
assessment does not support such a determination, the
facility remains eligible. However, the Director should
continually reassess eligibility as more information becomes
available through the assessment monitoring program.
8 A determination of ineligibility may be made at any time
prior to, during or subsequent to the assessment monitoring
program.
It is important to ensure smooth operation of the Superfund
program that this policy be applied fairly and uniformly. I
urge you to be certain that any decisions of ineligibility are
made based upon careful consideration and that facilities are
promptly notified as discussed in my memorandum dated May 12,
1986. If you have any questions about implementation of the
policy, please contact either Michael Kilpatrick (382-5324) or
Jackie Moya (382-3122) of the Office of Waste Programs
Enforcement.
cc: Directors, Waste Management Division
Regions I, IV, V, VII, VIII
Director, Emergency and Remedial Response Division
Region II
Directors, Hazardous Waste Management Division
Regions III, VI, X
Director, Toxics and Waste Management Division
Region IX
RCRA Branch Chiefs
Superfund Branch Chiefs
Off-Site Policy Contacts
Henry Longest
Gene Lucero
Marcia Williams
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