c/EPA
           United States
           Environmental Protection
           Agency
           Office of Research and
           Development
           Washington, DC 20460
EPA/540/G-91/011
February 1991
           Superfund
Guidance on RCRA Corrective
Action Decision Documents

The Statement of Bases
Final Decision and
Response to Comments

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                                EPA/540/G-91/011
                                OSWER Directive 9902.6
                                Febraary 1991
         GUIDANCE ON RCRA
        CORRECTIVE ACTION
       DECISION DOCUMENTS:
          THE STATEMENT OF BASIS

FINAL DECISION AND RESPONSE TO COMMENTS
          Office of Waste Programs Enforcement
          U.S. Environmental Protection Agency
              Washington, D.C. 20460
                             Printed on Recycled Paper

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                                                   OSWER  Directive 9902.6
This guidance is a general statement of policy; it does not establish or
affect legal rights or responsibilities; it does not establish a binding norm
and is not finally determinative of the issues addressed; Agency decisions in
any particular case will be made applying the law and regulations on the basis
of specific facts and actual action.

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                               TABLE OF UUNI'EMIV
CHAtTiSK
1  INTRODUCTION	           1-1

   1.1 Purpose of this Guidance	           1-1
   1.2  Overview of the RCRA Corrective Action Process	        1-2
        1.2.1  The RCRA Facility Assessment (RFA)	         1-2
        1.2.2  Interim Measures (IM)	          1-4
        1.2.3  RCRA Facility Investigation (RFI)    	         1-5
        1.2.4  Corrective Measures Study (CMS)    	         1-5
               1.2.4.1  Public Comment Period for Selection
                       of Remedy(ies)   	          1-6
               1.2.4.2  Response to Comments  (RIC)	           1-6
        1.2.5  Corrective Measures Implementation (CM)   ....        1-8
   1.3  Additional Information	           1-8

2  WRITING THE STATEMENT OF BASIS  (SB)	            2-1

   2.1  Introduction	           2-1
   2.2  Purpose of the Statement of Basis   	          2-1
   2.3  Writing the Statement of Basis	          2-3
   2.4  Section by Section Description of the
        Statement of Basis   	           2-6
        2.4.1  Introduction	           2-6
        2.4.2  Proposed Remedy	           2-6
        2.4.3  Facility Background	          2-6
        2.4.4  Summary of Facility Risks	          2-7
        2.4.5  Scope of Corrective Action   	          2-8
        2.4.6  Summary of Alternatives    	          2-8
        2.4.7  Evaluation of the Proposed Remedy  and
               Alternatives	           2-9
   2.5  Public Participation   	           2-11

3  THE NEWSPAPER NOTIFICATION OF PROPOSED CORRECTIVE ACTION
   AND AVAIIABILTIY OF THE ADMINISTRATIVE RECORD   	         3-1

   3.1  Procedures	           3-1
   3.2  Writing the Newspaper Notification	          3-2
        3.2.1  Section by Section Description of the
               Newspaper Notification .  .	          3-2
   3.3  Public Comment Period	           3-4

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                         TABLE OF CONTENTS (Continued)

CHAtrtiK
4  ELEMENTS OF THE FINAL DECISION AND RESPONSE TO COMMENTS  ...        4-1

   4.1  Introduction	           4-1
   4.2  Purpose of the Response to Comments	         4-1
   4.3  Writing the Response to Comments	         4-2
   4.4  Section by Section Description of the Response
        to Comments	           4-2
        4.4.1  Introduction	           4-2
        4.4.2  Selected Remedy	           4-5
        4.4.3  Public Participation Activities   	         4-5
        4.4.4  Comments Raised During the Comment Period
               and the Agency's Response	         4-5
        4.4.5  Future Actions	           4-5
        4.4.6  Declarations	           4-5

5  DOCUMENTING LLMTTED SCOPE REMEDIAL ACTIONS AND
   CONTINGENCY REMEDY  DECISIONS  	          5-1

   5.1  Documenting a  "Limited Scope Remedial Actions" Decision         5-1
   5.2  Decision Documents with Contingency Remedies   	        5-1

6  EXAMPLE STATEMENT OF BASIS  	           6-1

   6.1  Example Statement of Basis	          6-1

7  EXAMPLE FINAL DECISION AND RESPONSE TO COMMENTS   	        7-1

   7.1  Example Final decision and Response to Comments   ....        7-1

8  BIBLIOGRAPHY	           8-1

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                               LIST OF EXHIBITS
NUMBER

2-1     Outline for the Statement of Basis	          2-4
2-2     Standards That May Apply to RCRA Corrective Actions    .  .        2-10
3-1     Summary of §124.10(d)  Public Notice Requirements  ....        3-3
4-1     Final Decision and Response to Comments	         4-3

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                                LIST OF FIGURES

NUMBER                                                                  PftGE

1-1     RCRA Corrective Action Process	          1-3
1-2     Evaluation Criteria for Corrective Measures	        1-7
2-1     Hie Corrective Action Decision Making Process	        2-2
6-1     EIO Industrial Company Facility and Surroundings    .  .  .        6-3
7-1     EIO Industrial Conpany Facility and Surroundings
        Showing Contaminated Ground Water Plume    	        7-4

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                                                   OSWER Directive 9902.6
                                  CHAPTER 1

                                 INTRDDUCTIC*!

1.1  PURPOSE OF IKES GUIDANCE

      This guidance on preparing Resource Conservation and Recovery Act (RCRA)
Statement of Basis Documents and the Response to Comments (RTC)  has been
developed to present standard formats for documenting RCRA corrective action
decisions and to clarify the roles and responsibilities of the regulatory
agency in developing and issuing decision documents.   The decision documents
addressed by this guidance are the Statement of Basis (SB)  and the RTC.  -SBs
and RTCs should be prepared when corrective action is implemented through
either a permit or enforcement order.  The SB and RTC represent documents
similar in purpose to the proposed remedial action plan and Record of Decision
(ROD) employed by the Superfund program to fulfill the requirements set forth
under the Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (CERCIA).

      This guidance has been prepared on the basis of the Hazardous and Solid
Waste Amendments of 1984 (HSWA), the final National Oil and Hazardous Waste
Contingency Plan (NCP), the proposed 40 Code of Federal Regulations (CFR)  264
Subpart S and 40 CFR Part 124.

      The primary purpose of the SB/RTC guidance is to standardize the format
of the SB and RTC.  Remedies selected in the RCRA program may be reviewed by
the public on a national as well as a local level. Standardizing these remedy
decision documents will:

      •  Provide consistency among Regions with respect to the organization
         and content of decision documents

      •  Promote clear and logical presentations of rationales for remedy
         selection decisions based on facility-specific information and
         supporting analysis.

      The chapters included in this guidance address  the following aspects of
the RCRA remedy selection process:

         Chapter 2 presents the standard format for the SB and discusses key
         elements to be included in each section.

         Chapter 3 presents the standard format for the public notification  of
         the public comment period.
                                     1-1

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                                                   OSWER Directive 9902.6
         Chapter 4 discusses the standard format  for the Response to Comments
         (RTC)  and discusses key elements to be included in each section.

         Chapter 5 discusses the documentation of no effective remedial action
         and contingency remedy decisions.

         Chapter 6 presents an example SB after which individual site-specific
         SBs can be patterned.

         Chapter 7 presents an example RTC after  which individual site-
         specific RTCs can be patterned.   The  RTC presented in this guidance
         includes the regulatory agency's response to comments, in addition to
         a brief description of the selected remedy and rationale behind the
         selection.

      This guidance does not address situations when the selected remedy is
changed or modified after the permit modification has become  final or an
enforcement order implementing the remedy has  been issued.  Procedures
undertaken to reflect the amended remedy should proceed in accordance with
either 40 CFR Part 124 or the terms specified  in  the enforcement order.
1.2  OVERVIEW OF THE RCRA CORRECTIVE ACTION PROCESS

      This section describes the relationship between the decision documents
addressed in this guidance and the overall RCRA corrective action process
(Figure 1-1).  Each stage of the corrective action process is briefly
summarized below.

1.2.1  THE RCRA FACILITY ASSESSMENT

      The RCRA Facility Assessment (RFA)  is often the first  step in  the
corrective action process.  An RFA (or equivalent investigation)  is  conducted
prior to the issuance of a permit, and in many  cases, prior  to  the issuance of
a corrective action order.

      The RFA is a process for:

      •  Identifying and gathering information  on releases at RCRA facilities

      •  Evaluating and identifying solid waste management units (SWMUs),
         regulated units, and other areas of concern for releases to all media
         (additional SVMJs may be identified after the RFA as a result of
         further investigations)
                                     1-2

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                              RCRA Facility Assessment (RFA)
                              • Hazard Identification
                                             i
                                Issuance of Enforcement Order or
                                        HSWA Permit
                         RCRA Facility Investigation (RFI)
                         • Work Plan
                         • Facility Characterization
                         • Risk Assessment
                         • Laboratory and Bench Scale Studies
                       Corrective Measures Study (CMS)
                       • Development and Screening of Remedies
                       • Detailed Analysis of Remedies
                                              I
                  Public Notification of Proposed Remedy, Administrative Record,
                        and Draft Permit Modification (where applicable)*
                       Statement of Basis (SB)
                       • Present Proposed Remedy and Information Repository
                       • Present Discussion of Remedial Alternatives
                       • Indicate Cleanup Levels or Goals
                             Public Comment Period
                             • Public Responds to Proposed Remedy
                             • Possible Public Hearing/Meeting
                                              I
                             Response to Comments (RTC)
                             • Agency Identifies Selected Remedy
                             »Agency Responds to Comments
                                    Issuance of Order/Order
                               Amendment or Permit Modification
                          Corrective Measures Implementation (CMI)
                          • Remedial Design
                          • Remedial Construction
                          • Operation and Maintenance
                      Figure 1-1: RCRA Corrective Action Process
*  The administrative record should be accesible to the public during the entire
corrective action process.
                                          1-3

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                                                   OSWER  Directive 9902.6
      •  Making preliminary determinations regarding releases of concern and
         the need for further actions and interim measures at the facility

      •  Screening from further investigations those SWMUs which do not pose a
         threat to human health and/or the environment

      •  Helping the regulatory agency to identify,  evaluate, prioritize, and
         to initially clean up those facilities which present or may present
         the greatest threat to human health and the environment as prescribed
         in the Environmental Priorities Initiative (EPI).

      During the RFA, Environmental Protection Agency (EPA) or State
 investigators will gather information on SWMQs and other areas of concern at
 RCRA facilities, evaluate this information to determine whether there are
 releases that warrant further investigation or other action at these
 facilities, and upon completion of the RFA, determine the need to proceed to
 the  second phase  (RCRA Facility Investigation (RFI)) of the process.

      Each of the three steps of the RFA process requires the collection and
 analysis of data to support initial release determinations:

 Step 1:  The preliminary review focuses primarily on evaluating existing
         information.

 Step 2:  The visual site inspection entails the onsite collection of visual
         information to obtain additional evidence of release.

 Step 3:  The sampling visit fills any data gaps that remain upon completion of
         the preliminary review and visual site inspection by obtaining
         sampling and field data.  Sampling is not always necessary if
         sufficient data was gathered during steps 1 and 2 of the RFA process
         to adequately identify the hazards at the facility.

 1.2.2  INTERIM MEASURES

      Interim measures (IM) for corrective action may be initiated, when
 appropriate, prior to the initiation or completion of the RFI, Corrective
Measures Study (CMS), or Corrective Measures Implementation (CMI).  Decisions
 concerning IMS are made based on the immediacy and magnitude of the potential
threat to human health or the environment, and the implications of deferring
the corrective action until the RFI/CMS is completed.  Implementation of IMs
must be consistent with regulatory agency priorities and must be related to
protection of human health and the environment.  It is not necessary to
prepare a SB or a public notice for IMs implementation.
                                     1-4

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                                                   OSWER  Directive  9902.6
1.2.3  RCRA FACILITY BJVESTIGftTiai

      If the regulatory agency determines that a RFI is necessary,  the owner
or operator will be required to perform a RFI either under a permit schedule
of compliance or under an enforcement order.  This determination will
generally be based on the results of the RFA and will identify specific units
or releases needing further investigation.  Ihe RFI can range widely from a
small specific activity to a complex multimedia study.  The investigation
generally includes the characterization/ identification of the hydrogeological
setting, the type and concentration of hazardous waste or hazardous
constituents released, the rate and direction at which the releases are
migrating, and the extent over which releases have migrated.

      The regulatory agency ensures that data and information submitted by the
owner or operator during the RFI adequately describe the release(s), and can
be used to make decisions regarding the need for and focus of a CMS.  The RFI
also includes a comparison of release characterization data against
established health and environmental criteria.  At the completion of the RFI,
a report is prepared by the owner or operator summarizing the investigation
findings.  The regulatory agency then interprets these results to determine
whether a CMS is necessary.

      Information generated during the RFI is used not only to determine the
potential need for Off, but also to aid in the selection and implementation of
these measures.  While conducting the RFI, the owner or operator must collect
data which may be needed to select and implement the appropriate remedy (ies).
The findings of the RFI provide the rationale and basis for the CMS.

1.2.4  CORRECTIVE MEASURES STUDY

      If the need for corrective measures is verified during the RFI process,
the owner or operator is then responsible for performing a CMS.  During this
step in the corrective action process, the owner or operator will identify,
evaluate, and recommend specific remedies that will remediate the release (s)
based on a detailed engineering evaluation of the data and the corrective
measure technologies.  The remedies evaluated by the owner or operator, along
with the owner or operator's recommendations, are documented in a final
report.

      As discussed in the June 26, 1987 "Criteria for Elimination of
Headquarter's Concurrence on Selected RCRA §3008(h) Orders" memorandum
(directive number 9904.3), U.S. EPA Headquarters maintains a 21-day
consultation role for corrective measures decisions made in conjunction with
§3008 (h) orders.  When the 21- day consultation is in effect, regions should
submit the order or corrective measures decision to Headquarters for review.
If Headquarters does not raise issues during the consultation period, then
agreement can be assumed and the region may issue the order or decision.  If a
disagreement between Headquarters and regional staff cannot be resolved, then
the outstanding issues should be raised with management.


                                     1-5

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                                                   OSWER Directive 9902.6
1.2.4.1  Public Comment Period for Selection of Remedy(ies)

      The regulatory agency's proposed remedy for a facility is presented to
the public in a SB, and, where applicable,  the draft permit modification.  The
SB provides a brief summary of all of the alternatives studied in the detailed
analysis phase of the RFI/CMS, highlighting the key factors that  led to the
identification of the proposed remedy.  SBs prepared in conjunction with  draft
permit modifications must be drafted in accordance with 40 CFR 124.7.   SBs
prepared in conjunction with enforcement orders are not required  by regulation
to adhere to 40 CFR 124.7.  However, these  regulations and this guidance
supplement each other and may be used in concert  to draft SBs.

      The remedy proposed in the SB is one  that best meets the applicable
standards for remedies and decision factors presented  in Figure 1-2.  The
remedy selection process as presented in this guidance is simply  to be  used as
guidance until the Subpart S regulations are promulgated.   These  decision
factors are further discussed in the proposed Subpart  S rule.   The  SB is  made
available for public comment, in addition to the  administrative record, the
RFI and CMS Reports, and, where applicable, the draft  permit modification.
The public may comment on the RFI and CMS,  as well as  the proposed  remedy, at
this time.  If warranted, the regulatory agency may require the owner or
operator to perform additional CMSs in response to public comment.   Additional
studies may be conducted pursuant to a modified enforcement order,  a new
enforcement order, or permit conditions.

1.2.4.2  Response to Comments

      Following receipt of public comments, the regulatory agency is required
to prepare a RTC prior to the issuance of any final permit decision pursuant
to 40 CFR 124.15.  This RTC must be prepared in accordance with 40  CFR  124.17.
A RTC should also be prepared after the public comment period but prior to
those facilities undertaking corrective action pursuant to an enforcement
order.

      The regulatory agency's response to public  comments and the remedy (ies)
selected by the regulatory agency should also be  documented in the  RTC.  A RTC
which documents the selected remedy for a facility will serve three basic
functions:

      •  Responds to comments received during,  or prior to the public comment
         period

      •  Describes the technical parameters of the selected remedy, specifying
         the treatment, engineering, and institutional components,  as well as
         remediation goals
                                     1-6

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               FOUR GENERAL STANDARDS FOR CORRECTIVE MEASURES
   Overall protection
    of human health
  and the environment
    Attain media cleanup
          standards
   Control the sources of
          releases
             Comply with
             standards for
            management of
                wastes
   How alternatives
   provide human health
   and environmental
   protection
      Ability of
      alternatives to
      achieve the media
      cleanup standards
      prescribed in the
      permit modification
      or enforcement
      order
     How alternatives
     reduce or eliminate to
     the maximum extent
     possible further
     releases
          How alternatives
          assure that manage-
          ment of wastes during
          corrective measures
          is conducted in a
          protective manner
                             FIVE SELECTION DECISION FACTORS
 Long-term reliability
  and effectiveness
Reduction of toxicity,
mobility, or volume of
       wastes
   Short-term
  effectiveness
Implementability
Cost
> Magnitude of residual risk

. Adequacy and reliability
 of controls
 > Treatment process used
  and materials treated

 > Amount of hazardous
  materials destroyed or
  treated

 • Degree of expected
  reductions in toxicity,
  mobility, or volume

 • Degree to which treatment
  is irreversible

 • Type and quantity of
  residuals remaining
  after treatment
' Protection of
 community during
 remedial actions

' Protection of
 workers during
 remedial actions

' Environmental
 impacts

> Time until
 remedial action
 objectives are
 achieved
• Ability to construct   • Capital costs
 and operate the
 technology         * Operating and
                    maintenance
. Reliability of the      costs
 technology
                                                                    . Ease of undertaking
                                                                     additional corrective
                                                                     measures if necessary

                                                                    . Ability to monitor
                                                                     effectiveness of
                                                                     remedy

                                                                    . Coordination with
                                                                     other agencies

                                                                    • Availability of offsite
                                                                     treatment, storage
                                                                     and disposal services
                                                                     and specialists

                                                                    • Availability of
                                                                     prospective
                                                                     technologies
                    Present worth
                    costs
                Figure 1-2: Evaluation Criteria for Corrective Measures
                                              1-7

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                                                   OSWER Directive 9902.6
      •  Provides the public with a consolidated source of information about
         the facility and the chosen remedy, including the rationale behind
         the selection.

1.2.5  CORRECTIVE MEASURES IMPUMENIATICN

      The permit modification or corrective action order provides the
framework for the transition into the next phase of the remedial process, OCC.
The CKL program includes designing, constructing, operating, maintaining, and
monitoring the performance of the remedy (ies) selected to protect human health
and the environment.
1.3  ADDITIONAL INFORMATICS

      This guidance addresses only the preparation of the SB and RTC.  Other
guidance documents that address other stages of the corrective action process
are also available.  Because preparation of the SB relies to a great extent on
the information collected and analyzed during the RFI/CMS process, the RFI
Guidance (OSWER Directive 9502.00-6D,  May 1989) may be particularly useful.
Many portions of the SB contain summaries of information that are generated
during the RFI and CMS.  Additional sources of information on the corrective
action process and remedy selection are listed in Chapter 8 of this guidance.
                                     1-8

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                                                        OSWER Directive 9902.6
                                   CHAPTER 2

                        WRITING THE STATEMENT OF BASIS

2.1   INTRODUCTION

      EPA is committed to providing a meaningful opportunity for the public to
be informed of and participate in decisions that affect them and their
corattiunities.  The administrative record is the basis for corrective action
decisions and can be a tool in fulfilling EPA's public involvement objectives.
The SB and draft permit modification (if applicable) are the public
participation documents that summarize the corrective- action options and
preferences and solicit public comment.  This chapter presents the purpose of
the SB and a suggested outline and format for drafting it.


2.2   PURPOSE OF THE STATEMENT OF BASIS

      The administrative record is the documentation assembled during the
corrective action process.  Figure 2-1 provides an overview of this process.
The SB summarizes the information contained in the RFI/CMS reports and the
administrative record, and is designed to facilitate public participation in
the remedy selection process by:

      •  Identifying the proposed remedy for a corrective action at a
         facility and explaining the reasons for the proposal

      •  Describing other remedies that were considered in detail in the RFI
         and CMS reports

      •  Soliciting public review and comment on all possible remedies
         considered in the RFI and CMS reports, and on any other plausible
         remedies

      •  Providing information on how the public can be involved in the
         remedy selection process.

      The SB is a public participation document and is expected to be widely
read.  The SB, therefore, should be written in a clear and concise manner
using nontechnical language.  In addition, the SB should direct the public to
the RFI and CMS reports as the primary source of detailed information on the
corrective measures analyzed, as well as other site-specific information.

      The SB describes the proposed remedy, but does not select the final
remedy for a facility.  This approach allows for additional information to be


                                     2-1

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                                                        OSWER Directive 9902.6
considered during the public comment period.  Following this period,  public
comment and/or additional data may result in changes to the remedy or in
another choice of remedy.  After the regulatory agency has considered all
comments from the public, the final decision, selecting the remedy, or
determining the need to develop another option, is documented in the FTC.

      In emphasizing that the proposed remedy is only an initial
recommendation, the SB should clearly state that changes to the proposed
remedy, or a change from the proposed remedy to another alternative,  may be
made if public comments or additional data indicate that such a change would
result in a more appropriate solution.  The final decision regarding the
selected remedy(ies) should be documented in the final permit modification (if
applicable) with the accompanying RTC after the regulatory agency has taken
into consideration all comments from the public.  An important function of the
SB is to solicit public comment on all possible alternatives (alternatives not
evaluated in the CMS may be proposed by the public at this time).


2.3  WRITING THE STATEMENT OF BASIS

      The SB summarizes essential information from the RFI and CMS reports.
The RFI and CMS reports should be referenced in the SB.  The SB should:

      •  Briefly summarize the environmental conditions at the facility as
         determined during the RFI

      •  Identify the proposed remedy

      •  Describe the remedial alternatives evaluated in sufficient detail to
         provide a reasonable explanation of each remedy

      •  Provide a brief analysis that supports the proposed remedy,
         discussed in terms of the evaluation criteria.

      Exhibit 2-1 provides a recommended outline of the SB.  Variations to the
outline may be made as appropriate.

      The following subsections provide more specific guidance on the key
elements of the SB.
                                     2-3

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                               EXHIBIT 2-1

                   OUTLINE FOR THE STATEMENT OF BASIS
INTRODUCTION
       Provide facility name and location.
       Introduce document's purpose, viiich is to:
       -  Identify proposed remedy and explain rationale for preference
       -  Describe all remedies analyzed
       -  Serve as companion to the KFI/CMS and administrative record
          file
       -  Solicit public  involvement in  selection of a remedy(ies).
       Stress importance  of public input on all alternatives,  including
       options not previously  studied.
PROPOSED REMEDY
    •   Identify proposed remedy.

FACILITY BACKGROUND
    •  Provide brief overview of site.
    •  Describe site history.
    •  Provide brief summary of the RFI.

SUMMARY OF FACILITY RISKS
    •  Provide an overview of the following:
       -  Contaminated media
       -  Chemicals of concern
       -  Baseline exposure scenarios (e.g.,  routes of exposure—current
          and future land-use scenarios)
       -  Current and potential facility risks (including both
          carcinogenic and noncarcinogenic threats).
    •  Discuss ecological risk(s), as appropriate.

SCOPE OF CORRECTIVE ACTION
       Describe scope of problem that the remedy will address.
       If it is a phased remedy,  describe the role that each phase will
       address.
       Identify how the remedy or each phase of the remedy addresses the
       problem.
                                   2-4

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                         EXHIBIT 2-1 (continued)
SUMMARY OF ALTERNATIVES
       Provide brief narrative description of alternatives evaluated in
       detail during the CMS (may include engineering components,
       treatment components, estimated present worth cost,  implementation
       time,  and the major standards associated  with the alternative(s)).
    •   Introduce the evaluation criteria.
    •   Provide the rationale for the proposed remedy by profiling it
       against the evaluation criteria and highlighting how it compares
       with the other remedies.
    •   Discuss methods that will be used to monitor the remedy's
       effectiveness.
    •   Discuss the how the proposed remedy will protect human health and
       the environment.

PUBKEC PARTICCPATiaT*

    •   Describe previous or ongoing public participation activities and
       how they impacted the remedy evaluation (if appropriate).
    •   Provide notice of public comment period (written comments are
       encouraged).
    •   Note time and place for a public meeting (s) (if they are scheduled)
       or offer opportunity for meeting.
    •   Provide the location of administrative record files and
       information repositories and times  that the record is available
       for review (e.g., 9-5 weekdays, or  only  upon appointment).
    •   Name and phone number of person to  contact for more information.

    *  Public includes the general public, the owner or operator,  and
       cither parties (e.g., public interest groups, other regulatory
       agencies).
                                   2-5

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                                                        OSWER Directive 9902.6
2.4

2.4.1

      This introductory section should include the facility name and
location.   The public should be informed of the function of the SB in the
remedy selection process, specifically,  that its fourfold purpose is to:

      •  Identify the proposed remedy for corrective action at a facility and
         explain the reasons for the proposal

      •  Describe the other remedial options considered in detail in the CMS
         report

      •  Solicit public review of and comment on all remedial alternatives,
         including those not previously studied

      •  Provide information on how the public can be involved in the remedy
         selection process.

      A clear statement should be made that the SB highlights key information
from the RFI and CMS reports but is not a substitute for these documents. The
SB should refer the reader to the RFI and CMS reports and administrative
record as more complete sources of information regarding the corrective
action.  The first section of the SB should stress that public input on all
alternatives, and on the information that supports the alternatives, is an
important contribution to the remedy selection process.  The public should be
encouraged to submit comments and should be informed that their comments can
influence the regulatory agency's proposal.  The point should be made that the
final corrective action plan, as presented in the final permit modification  or
corrective action order and RTC, could be different from the proposed remedy,
depending upon new information or an argument that the regulatory agency may
consider as a result of public comments.

2.4.2   PROPOSED REMEDY

      The proposed remedy should be identified.  Further discussion of the
proposed remedy in terms of the decision criteria should be included in the
"Evaluation of Alternatives" section of the SB.

2.4.3  FACILITY BACKGROUND

      The facility background should include a facility map depicting the
facility's location and the areas of concern.  This section should also
include a brief description of the facility,  including the history of waste
                                     2-6

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                                                        OSWER Directive 9902.6
generation, management, treatment, storage, and/or disposal that has taken
place, the major contaminants of concern, the contaminated media, and the
extent of contamination.

2.4.4  SUMMARY OF FACULTY RISKS

      Although performing a risk assessment (RA) is not a requirement of the
corrective action process, it is strongly recommended that a RA be conducted
as a part of the RFI.  The scope of the RA will depend on facility
characteristics.  This section of the SB should summarize the extent of
contamination at the facility and the risks posed to human health and the
environment using information developed during the RFI.  The summary of
facility risks should include key findings made in the baseline risk
assessment conducted as part of the RFI.  This discussion should:

      •  Identify contaminated media

      •  Identify contaminants of concern

      •  Describe exposure pathways (e.g., routes of exposure—ground water,
         surface water, air, and soil)

      •  Describe the potentially exposed population

      •  Discuss environmental risks as appropriate (ecological receptors
         potential exposures, and potential effects of exposures)
         Describe how current risks compare to remediation goals (the overall
         remediation goal of 10"6 should be used as the point of departure in
         situations where there are no existing standards, such as MCLs).
      The description of facility risks should not rely solely on standard
numeric risk representations (such as cancer risks of 10"3 or a hazard
quotient value of 22).  These risk numbers should be accompanied by a
discussion that explains, for example, that a cancer risk level of 10"3 means
that one additional person out of a thousand is at risk of developing cancer
if the facility is not cleaned up.  Similarly, for noncarcinogenic effects,
the discussion of the hazard quotient and hazard index should state that a
hazard quotient (the ratio of the level of exposure to an acceptable level)
greater than 1.0 indicates that the exposure level exceeds the protective
level for that particular chemical.  If the hazard quotients for individual
chemicals are less than 1.0 but the sum of the hazard quotients for all
substances in an exposure medium (i.e., the hazard index) is greater than 1.0,
then there may be a concern for potential health effects.
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                                                        OSWER Directive 9902.6
      In addition, for proposed remedies other than "no action," this section
of the SB should include a statement such as:

      "Actual or threatened releases of hazardous constituents from
      this facility, if not addressed by the proposed remedy or another
      remedy, may present a current or potential threat to human health
      and the environment."

2.4.5  SCOPE OF CORRECTIVE ACTION

      This section of the SB should summarize  the overall strategy for
remediating the facility and describe how the  remedy being considered in the
SB fits into that overall strategy.

      If the response is being carried out in  a phased CMI plan, the purpose
of each phase and their sequence should be described.  For example,  the
following language could be included in this section:

      "This is the second of three planned phases for the
      facility.  The first phase provided the  community with an
      alternate water supply to prevent ingestion of contaminated
      ground water.  This phase addresses remediation of the
      contaminated ground water, one of the principal threats
      posed by the facility.  The third and final phase will
      address the contaminated soil, which represents the source
      of the ground water contamination which  is the other
      principal threat posed by the facility."

      As the above example illustrates, the SB's description of the overall
facility strategy and the function of the proposed remedy should indicate how
and through what action or series of actions the principal threats posed by
the facility will be addressed.  This section  of the SB should help establish
the basis for the finding made in the RTC as to whether or not the selected
remedy is protective of human health and the environment.

2.4.6  SUMMARY OF AIIEEKNATTVES

      The Summary of Alternatives section should provide a brief narrative of
the remedies studied in the detailed analysis  phase of the CMS report.  This
description may include the treatment technology(ies); engineering controls;
institutional controls; quantities of waste handled; implementation
requirements; estimated construction, operation, and maintenance costs; and
estimated implementation time frame associated with each remedy.
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                                                        OSWER Directive 9902.6
      These descriptions also should incorporate the major standards
associated with each option.  For example, standards associated with a source
control remedy, such as RCRA Subtitle C or D closure standards, should be
incorporated into the discussion, as appropriate.  For treatment based
remedies, the standards associated with treating hazardous substances (e.g.,
RCRA land disposal restrictions, RCRA incineration standards in Subpart O,
Clean Air Act Standards, etc.) should also be described.  Exhibit 2-2 lists
standards that may be discussed in describing the remedies.

2.4.7  EVALUATION OF THE PROPOSED REMEDY AND AIJIERNATIVES

      This section should begin by identifying the proposed remedy.  Next,
the evaluation criteria used to evaluate the alternatives in the detailed
analysis in the CMS should be presented.  The evaluation criteria encompass
four general standards and five corrective measure selection decision factors
that assist in gauging the overall effectiveness of the remedial alternatives.
Figure 1-2 presents information on the organization of the criteria and the
major points that should be considered under each criterion.  The SB should
summarize all alternatives with respect to the applicable criteria.  More
specifically, the SB should address the following elements with regard to the
proposed remedy:

      • .The section should include a description of the technical features
         of the remedy.  This description must be complete enough to enable  a
         reviewer to determine that it complies with the standards for
         protectiveness, attainment of media cleanup standards, source
         control, and waste management practices imposed on all
         RCRA remedies.

      •  Media cleanup standards should be identified.

      •  The conditions that the owner or operator must fulfill to
         demonstrate compliance with the media cleanup standards established
         in the remedy selection process should be discussed.  In addition,
         any techniques that will be used to monitor the remedy's
         effectiveness should also be discussed.  For example, a modified
         permit/enforcement order might require the owner or operator to
         continue monitoring ground water over a set period after a cleanup
         standard has been achieved to ensure that the level is not
         subsequently exceeded.  In addition, the permit/enforcement order
         might discuss the cleanup standards that apply to the media
         undergoing corrective action.  Again, specific details on compliance
         measurements might not be available at remedy selection, but would
         be addressed through remedy design.

      •   Any procedures the owner or operator must follow to remove,
         decontaminate, or close units or structures during remedy
         implementation should be discussed, as well as any post-closure care
         requirements that will be imposed.
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                     STANDARDS THAT MAY APPLY
                    TO RCRA CORRECTIVE ACTIONS

•  Safe Drinking Water Act (SDWA):

   - Maximum Contaminant levels (MCLs); and
   - MCL Goals (MCDSs).

•  Resource Conservation and Recovery Act (RCRA) Subtitle C
   (Hazardous     Waste Requirements):

   -  Closure (i.e., landfill or clean closure)
   -  Subpart F Ground Water Monitoring (including
      post-closure care)
   -  Subpart X Miscellaneous Units
   -  Subpart AA Accelerated Air Emissions Standards
   -  Location Standards
   -  Minimum Technology
   -  Subpart O Incineration
   -  land Disposal Restrictions
   -  Unit-Specific Design and Operating Standards (e.g., for tanks,
      containers)
   -  Bart 261 - Identification and Listing of Hazardous Waste
   -  Bart 262 - Standards Applicable to Generators of Hazardous
      Waste
   -  Bart 263 - Standards Applicable to Transporters of Hazardous
      Waste
   -  Proposed Subpart S Corrective Action for Solid Waste Management
      Units at Hazardous Waste Management Facilities.

*  RCRA Subtitle D (Solid Waste Requirements).

•  Clean Water Act:

   - Federal Water Quality Criteria (PWQC)
   - Publicly-Owned Treatment Works (POTW) standards
   - Effluent Limitations and Guidelines
   - Requirements for Dredge and Fill Activities.

•  Toxic Substances Control Act (TSCA):

   - Polychlorinated biphenyls (PCB) Standards.

•  Clean Air Act (CAA):

   - National Ambient Air Quality Standards  (NAAQS)
   - State Implementation Plan (SIP).

•  State Standards.
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                                                        QSWER Directive 9902.6
      •  This section should discuss the schedule for initiating and
         completing all major technical features and milestones of the
         remedy.

      The SB should use the evaluation criteria to profile the performance of
the proposed remedy.  In addition, the proposed remedy should be briefly
compared to the other alternatives under the appropriate criteria.

      The conclusion of this section of the SB should include a summary that
says, based on information currently available, the proposed remedy provides
the best balance of tradeoffs among the alternatives with respect to the
evaluation criteria.  This section should state that the proposed remedy
satisfies the following criteria:

      •  Be protective of human health and the environment

      •  Control the sources of releases so as to reduce or eliminate,  to the
         maximum extent practicable, further releases that may pose a threat
         to human health and the environment

      •  Attain the media cleanup standards

      •  Comply with applicable standards for management of wastes.


2.5  HJBUC PARTICIPATION

      The public should be informed of the following:

      •  Dates of the public comment period

      •  Date(s), time(s), and location(s) of the public meeting(s) scheduled
         (offer to hold a meeting upon request if one has not been scheduled)

      •  Location of information repositories and administrative record
         file(s), and hours of availability

      •  Names, phone numbers, and addresses of the regulatory agency
         personnel who will receive comments or supply additional
         information.
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                                                        OSWER Directive 9902.6
                                   CHAPTER 3

           THE NEWSPAPER NOTIFICATION OF PROPOSED CORRECTIVE ACTION
                 AND AVAIIABILTIY OF THE AEKENISTRATIVE REOORD


      This chapter summarizes the guidelines for the newspaper notification,
which announces the availability of the SB, the RFI/CMS reports, the
administrative record, and, where applicable, the draft permit modification.
In addition, the newspaper notification presents guidance on procedures for
the public comment period.


3.1   PROCEDURES

      Upon completion of the RFI and CMS, the agency should prepare a SB and
draft permit modification (where applicable)  and notify the public of the
availability of the RFI/CMS reports, SB, draft permit modification (where
applicable), and administrative record.  The following guidelines are
recommended:

      •  Publish a notice and brief analysis  of the SB and make the
         appropriate documents available to the public.

      •  Include sufficient information in the notice and analysis as may be
         necessary to provide a reasonable explanation of the proposed remedy
         and a list of the remedial alternatives analyzed during the CMS.

      •  Publication should include, at a minimum,  publication  in a  major
         local newspaper of general circulation.  In addition,  each  item
         developed,  received,  published, or made available to the public
         should be available for public inspection and copying  at or near the
         facility or site where the corrective action is being  considered.
         Public libraries, schools, and county courthouses can  be used to
         house a copy of the administrative record when the facility is not
         located in proximity to the regional or state office.

      •  In addition to English, publications should be printed in dominant
         second languages where applicable.

      For those facilities undertaking corrective action to satisfy permit
conditions, the agency must notify the public of the availability of the
RFI/CMS reports and the draft permit modification pursuant to 40 CFR Part
124.10.
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                                                        OSWER Directive 9902.6
3.2   WRITING THE NEWSPAPER NOTIFICATION

      The agency's newspaper notification should include a brief abstract of
the SB, which describes the remedial alternatives analyzed during the CMS and
identifies the proposed remedy.   The notice should be published in a widely
read section of the newspaper,  rather than in the classified advertisements,
obituary section, or legal notices.   Key elements of the notification are
summarized below.

3.2.1    SECTION BY SECTION DESCRIPTION OF THE NEWSPAPER NOTIFICATION

      Newspaper notifications of permit  actions  roust be prepared in accordance
with 40 CFR Part 124.10(d).  Ejdiibit 3-1 lists requirements  for public notices
pursuant to 40 CFR Part 124.10(d).   Newspaper notifications  prepared for a
facility undergoing corrective action under an enforcement order should also
discuss the specific items specified in  40 CFR 124.10(d).  The elements listed
below provide an outline for the newspaper notification.

      •  Facility Name and Location.  The notice should include the proper
         facility name and location.

      •  The Date and Location of a Public Meeting (if scheduled).  If a
         meeting has not been requested or scheduled, the notice should inform
         the public of its right  to request one.

      •  Public  Participation.  The notice should inform the public of its
         role  in the remedy  selection process and provide the following
         information:

         -  The location of the information repositories and administrative
           record

         -  The methods by which  the public may  submit comments

         -  The dates of the public  comment period.

      •  Identification of Proposed Remedy.  A brief statement of the major
         components of the proposed remedy should be included.

      • Alternatives Evaluated in the Detailed Analysis.  The notice should
         list  corrective measure  alternatives evaluated  in the detailed
         analysis phase of the CMS.

      • Request for Public  Ccanments.  The notice should emphasize that the
        agency  is  soliciting public comment on all of the corrective measure
        alternatives, as well as on the proposed remedy.  It should include a
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                               EXHIBIT 3-1
             SUMMARY OF §124.10(d) PUBLIC NOTICE REQUIREMENTS
Public Notice Requirements

124.10(d) (1) (i)   Name and address of office processing permit action.
124.10(d)(1)(ii)  Name and address of permit applicant.
124.10(d)(1)(iii) Brief description of facility activities.
124.10(d)(1)(iv)  Name and address of agency contact.
124.10(d) (1) (v)   Brief description of the comment procedures.
124.10(d) (1) (vi)  The location and availability of the  administrative
                  record.
124.10(d)(1)(ix)  Any additional information considered necessary or
                  proper.
Public Notice Requirements for Hearings

124.10(d) (2) (i)   Date of previous public notices relating to permit.
124.10(d)(2)(ii)  Date, time, and place of hearing.
124.10(d) (2) (iii) Brief description of the nature of hearing.
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                                                        OSWER Directive 9902.6
         clear statement that the proposed remedy  is only a preliminary
         determination and that other options could be selected as the remedy
         based upon public comment,  new information, or a reevaluation of
         existing information.  The  readers should be referred to the RFI/CMS
         report and other contents of the administrative  record file for
         further information on all  of  the remedial alternatives  considered.
 3.3
      The agency should provide a reasonable opportunity for submission of
written and/or oral comments and an opportunity for a public meeting regarding
the proposed remedy, the RFI/CMS reports or any information contained in the
administrative record for the draft permit modification or corrective action
order.  Pursuant to 40 CFR 124.10(b), the agency must allow at least 45 days
for public comment on draft permit modifications.  It is recommended that 30
to 45 days be allowed for public comment on the proposed remedy when the
corrective action is implemented through an enforcement order.

      The agency should mate the relevant documents available to the public at
the time the public comment period begins.  In addition, the agency should
ensure that any factual information relied upon during the remedy selection
process is included as part of the administrative record and is available to
the public during the public comment period.

      The agency is encouraged to respond to oral or written comments received
prior to the public comment period.  However, the agency should inform
commenters that if they wish to ensure that comments submitted, before the
comment period receive an agency response, they should resubmit comments that
were initially made during the RFI/CMS process during the formal public
comment period.  Written comments should be included in the administrative
record.

      Agency personnel may find it useful to request that cxsmments voiced
during public hearings also be submitted in writing at that time.  This
practice will help the agency to respond to the comments at a later date
should an immediate response not be available.
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                                                        OSWER Directive 9902.6
                                   CHAPTER 4

            ELEMENTS OF THE FINAL DECISION AND RESPONSE TO COMMENTS


4.1  INTRODUCTION

      A RTC is prepared by the regulatory agency at the conclusion of the
public comment period.  The RTC should include a brief summary of comments
received during the public comment period as well as activities (e.g., public
meetings) undertaken by the regulatory agency.  The summary should respond to
comments and discuss, where applicable:

      •   Identification of the selected remedy

      •   Any changes made to the proposed remedy due to comments

          Rationale for not selecting an alternate remedy  or making revisions
          to the selected remedy as suggested by a commenter(s)

      •   How the selected remedy differs from the community or owner or
          operator's proposed remedy

          Any alternatives recommended that were not evaluated in the CMS and
          why they were not included.
      The RTC serves several purposes.  First, the RTC identifies the selected
remedy.  Second, it provides the regulatory agency decision makers with
information about community preferences regarding the remedial alternatives,
and general concerns about the facility.  Third, it demonstrates how public
comments were integrated into the decision making process.  Fourth, the RTC
provides a contemporaneous written record of the regulatory agency's RTC.
This will enable a court, or any interested party reviewing the selected
remedy, to determine whether the regulatory agency provided a reasonable RTC
in the record.  An adequate RTC is essential in defending final permit
modifications or orders during remedy implementation negotiations or in
judicial proceedings.

      To serve these purposes, the RTC should be a concise and complete
summary of comments received from the public, including the owner or operator,
during the public comment period.  The comments should be accompanied by the
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                                                        OSWER Directive 9902.6
regulatory agency's responses.  Responses should be clear,  accurate,  and
carefully written.  Exhibit 4-1 presents an outline that may be used to draft
the RTC.

      The RTC is prepared for the signature of the Regional Administrator (RA)
or the signatory of the document that is implementing the corrective action
(e.g., corrective action order or permit modification).   The final permit
modification should be accompanied by the RTC.  If the selected remedy differs
from the proposed remedy as discussed in the SB, the final  permit modification
or order will reflect such changes.  These changes should be specified and
explained in the RTC (refer to 40 CFR 124.17(a) (1)  for permit modifications).

      In the event that comments are not submitted during or prior to the
public comment period, nor is a public hearing requested, a RTC should still
be prepared.  In such cases, the RTC will present the selected remedy, state
that comments were not submitted, and include a declaration that the selected
remedy is protective of human health and the environment.


4.3  WRITING THE RESPONSE TO COMMENTS

      The RTC should:

          Identify the selected remedy (ies), taking into account the  comments
          received during the public comment period

      •   Identify comments raised during the  public comment period

      •   Respond to public comments

          Discuss any future actions that will accompany the implementation of
          the selected remedy.

      Additional guidance on preparing the RTC is available in "Guidance on
Public Involvement in the RCRA Permitting Program," (OSWER Directive
9500.00-1A, January 1986).


4.4  SECTION BY SECTION DESCRIPTION OF

4.4.1  INIRODUCnON

      This introductory section should include the facility name and location.
The public should be informed of the function of the RTC in the remedy
selection process.  Most importantly, this section should clearly explain how
the regulatory agency considered and responded to the comments received.
                                     4-2

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                                EXHIBIT 4-1

                  FINAL DECISION AND RESPONSE TO COMMENTS

                              [FACILITY NAME]

 INTRODUCTICN

    The RTC documents for the public record:

    •   Concerns and issues raised during corrective action planning

        Comments raised during the comment period on the proposed remedy,
        RFI,  or CMS

    •   How the regulatory agency considered and responded to these
        concerns.
    Briefly discuss:

        The remedy (ies)  selected for implementation at the facility

    •   Brief justification to support the selection of the corrective
        measure (s)  using the evaluation criteria.

TtTRT.TC  PARTICIPATION ACTIVITIES

    Briefly discuss:

    •   Activities conducted by the regulatory agency to elicit public
        participation and to address specific concerns and issues  (e.g. ,
        small group meeting,  news conference, and progress reports)

    •   The extent of the public  comment period, when it started and ended

    •   Note whether regulatory agency staff met with concerned citizens
        or conducted other communication activities during the comment
        period,  such as  a public  meeting or availability of technical
        staff to respond to questions.  Mention the location, time, and
        level of attendance of public meeting(s) , if held.
PUBLIC COMMENTS AND THE AGENCY'S RESPONSE

    Briefly describe comments on the proposed remedy,  RFI,  or CMS from
other regulatory agencies, local officials, and private citizens.
Comments should be immediately followed by the regulatory agency's
                                   4-3

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                         EXHIBIT 4-1 (Continued)

response.  This section should address the following (where applicable):

       Categorize comments by major issue or topic addressed, where
       appropriate.

       Provide a verbatim list of the comments received, each followed by
       the regulatory agency's response.  Where necessary, the comments
       and responses can be summarized under the categories as completely
       as possible.

    •   Discuss the level of concern over each of the major issues.

       Document any modifications or changes in the proposed remedy as a
       result of comments.

       Give the reasons for rejecting the public's, or owner's, or
       operator's proposed remedy if the regulatory agency's selected
       remedy is different.

       Document, in detail, any remedial alternatives provided by the
       public which were not evaluated in the CMS, and explain why they
       were not evaluated.

FUTURE ACTIONS

    Briefly explain:

       Any future actions the regulatory agency will take as an integral
       part of remedy implementation (e.g., post-closure permitting,
       closure plan approval).

DECLARATIONS

    This section should state that the  regulatory agency has determined
that the corrective action being taken is appropriate and will be
protective of human health and the environment.  The section should
conclude with the signature of the RA,  or other person deemed appropriate
by the regulatory agency, and the date the document was signed.
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                                                        OSWER Directive 9902.6
4.4.2  SELECTED REMEDY

      This section of the RTC should identify and summarize the major
treatment components of the selected remedy, as well as any engineering
controls or institutional controls that will be part of the remedy.   This
section should also describe how the selected remedy will provide adequate
protection of human health and the environment.  The evaluation criteria used
to select and justify the remedy should be discussed in this section.

4.4.3  PUBLIC PAIOTCIPATTON ACTIVITIES

      Ihe communication activities undertaken by the regulatory agency during
the public comment period should be identified in this section.  This section
should also identify when the public comment period was in effect, and
where/when public meetings or gatherings were held.

4.4.4  CXMffiNIS RAISED DURING IHE COMMENT PERIOD AND THE AGENCY'S RESPONSE

      Comments received, followed by the regulatory agency's response,  should
be listed in this section.  Where necessary, comments and the regulatory
agency's response can be categorized by major issue and topic addressed.   The
level of concern over each major issue and the extent that this issue was
raised should also be included in this section.

      Information furnished by the public or other regulatory agencies  may
provide the basis for making a significant change to the proposed remedy.
Changes to the proposed remedy resulting from the comments received or the
receipt of new information should be fully documented.  It is important that
the regulatory agency respond to all significant comments.  This section
should also reference any new supporting information placed into the
administrative record in response to comments.  In addition, any remedial
alternatives provided by the public which were not evaluated in the CMS should
be discussed to the extent that information is available.  If the changes made
are major, the regulatory agency should consider the need for additional
notice and opportunity to comment.  Additional comment opportunities are
particularly appropriate if information obtained after the SB was prepared is
relied upon to change or select another remedy.

4.4.5  FUIURE ACTIONS

      This section of the FTC should briefly discuss any future action the
regulatory agency will take as an integral part of remedy implementation
(post-closure permitting, closure plan approval).  The opportunity for public
participation for future actions should be made available.

4.4.6  DECLARATIONS

      This section should provide the final declaration that the selected
remedy is protective of human health and the environment.  This section also
provides the space for the RA or other person deemed appropriate by the
regulatory agency, to concur with the selected remedy.  Generally, the person

                                     4-5

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                                                       QSWER Directive 9902.6
that signs the document implementing the corrective action (e.g., permit
modification or enforcement order)  should  sign the RTC.
                                    4-6

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                                                        OSWER Directive 9902.6
                                   CHAPTER 5

                   DOCUMENTING LOOTED SCOPE REMEDIAL ACTIONS
                       AND CONTINGENCY REMEDY DECISIONS

      This chapter presents guidance en preparing the SB for two unique types
 of corrective action:

      •   Limited scope remedial actions

      •   Contingency remedies.

      This chapter defines these decisions and outlines the modifications that
 should be made to the standard SB format described in Chapter 2 when
 documenting limited scope remedial actions or contingency remedies.
      The regulatory agency may determine that limited scope remedial action
 is appropriate at a facility due to limited available technologies, site
 conditions, or the nature of the contamination at the site.  For example, it
 is possible that the process of remediating a wetland would result in greater
 environmental harm than if the contamination were left in place.  Another
 possible example is the situation where the removal of the contamination, such
 as white phosphorus submerged in an estuary, would be technologically
 infeasible, due to the risks to the workers, the community, and the
 environment that would result from the use of current technology.

      When a "limited scope remedial action" is implemented, some assurance
 that exposure pathways are restricted is needed.  Any "limited scope remedial
 action" should be accompanied by assurance that the public is restricted from
 being exposed to the hazardous situation.  The SB should discuss all actions
 that will be taken to protect the public from exposure.  For example, the SB
 may propose that bottled water will be supplied to the public and the public
 drinking water wells be restricted from use.


 5.2  DECISION DOCUMENTS WITH CONTINGENCY REMEDIES

      In general, the regulatory agency identifies the proposed remedy in the
SB and the draft permit modification (where applicable) and selects the remedy
to be implemented in the final permit modification or order and accompanying
RTC.

      There are limited situations, however, in which additional flexibility


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                                                        OSWER Directive 9902.6
may be required to ensure implementation of the most appropriate remedy at a
facility.  In such situations,  the regulatory agency may determine that a
permit modification or order with a selected remedy accompanied by a
contingency remedy is appropriate.

      This option serves two purposes.   Hie first is to promote the use of
innovative technologies.  An innovative treatment technology may appear to be
the most appropriate remedy for a facility duruig the CMS but more testing is
needed during design to verify the technology's expected performance
potential.  If there are uncertainties  about an innovative treatment
technology, then the regulatory agency  may elect  to include  a proven
technology as a contingency remedy in the SB and  draft permit modification
(where applicable).  The second situation that may be appropriate for
contingency remedies is where two different technologies under  consideration
appear to offer comparable performance  on the basis of the decision factors,
such that both could be argued to provide the "best balance  of  tradeoffs."
Under such circumstances, the SB may identify one as the proposed remedy and
the other as a contingency remedy and specify the criteria whereby the
contingency remedy would be implemented.
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                                                        OSWER Directive 9902.6
                                   CHAPTER 6

                          EXAMPLE STATEMENT OF BASIS

 6.1   EXAMPLE STATEMENT OF BASIS

      The following is an example of a SB which follows the standard format
 presented in Chapter 2.  The model facility is imaginary and any similarity
 with an actual facility is purely coincidental.

                            EIO INDUSTRIAL COMPANY
                              Nameless,  Tennessee
 INTRODUCTION

      This SB for the EIO Industrial Company explains the proposed remedy for
 cleaning up the contaminated soils and explains the reasons for this proposal
 identified in the draft permit modification or proposed corrective action
 order, if applicable.  In addition, the SB includes summaries of other
 remedies analyzed for this facility.  EPA will select a final remedy for the
 facility only after the public comment period has ended and the information
 submitted during this time has been reviewed and considered.

      EPA is issuing this SB as part of its public participation
 responsibilities under RCRA.

      This document summarizes information that can be found in greater detail
 in the RFI and CMS reports and other documents contained in the administrative
 record for this facility.  EPA and the State encourage the public to review
 these other documents in order to gain a more comprehensive understanding of
 the facility and RCRA activities that have been conducted there.

      EPA may modify the proposed remedy or select another remedy based on new
 information or public comments.  Therefore, the public is encouraged to review
 and comment on all alternatives.  The public can be involved in the remedy
 selection process by reviewing the documents contained in the administrative
 record file and attending the public meeting scheduled for June 22, 1990.

 PROPOSED REMEDY

      The U.S. EPA [or state agency] is proposing the following remedy to
address the contaminated media at the EIO facility:

      -  Excavate 7,500 yd3 of contaminated soils
      -  Employ a low temperature volatilization step to capture the highly
         mobile Volatile Organic Constituents (VOCs)
                                     6-1

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                                                       OSWER Directive 9902.6
      -  Stabilize soils
      -  Dispose of treated soil onsite in a capped unit.

A more detailed discussion of the proposed remedy is  included below.

FACIKETY BACKGROUND

      In 1947, the EIO Industrial Company began disposing of septic waste at
its plant located at 129 Franklin Street in Nameless, Tennessee (see Figure
6-1).  In the late 1960s, the company also began  to accept shipments of
hazardous waste.  Wastes were stored in 13 storage tanks in the 5-acre tank
farm area.  The wastes subsequently were pumped to seven unlined lagoons.  The
site ceased operation in August 1987,  and is currently  in the closure process.

      During facility operations, soils at the tank farm area were
contaminated by wastes spilled during pumping  and from  leaking tanks.
Although the lagoons were emptied and backfilled  with clean soil by the EIO
Industrial Company in 1981, the subsurface soils  in the 5-acre lagoon area
were contaminated.  In addition, both the municipal well,  located a mile from
the facility, and several residential wells, located  within a half mile, have
been contaminated by wastes from the facility.

      Between 1986 and 1988, the EIO Industrial Company conducted an RFI and a
CMS pursuant to permit conditions/enforcement  order.  They were conducted to
identify the types, quantities, and locations  of  contaminants and to develop
ways of addressing the contamination problems. The results of these studies
are as follows:

      •  Onsite surface soils in the former lagoon and  tank farm area are
         contaminated with varying levels of lead, chromium, and cadmium

      •  Onsite subsurface soils in the former lagoon and tank farm area are
         contaminated with trichloroethylene  (ICE), other chlorinated
         aliphatic and polynuclear aromatic hydrocarbons,  and lead

      •  A nearby municipal well is contaminated

      •  A plume of contaminated ground water  extends from the site to the XYZ
         River.


SUMMARY OF FACILITY RISKS

      During the RFI, an analysis was conducted to estimate the health or
environmental problems that could result if the soil  contamination at the EIO
facility was not cleaned up.  This analysis is csommonly referred to as a
                                     6-2

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                   'Closed Lagoons s^x\
                         Area
  Ground
Water Flow
                                                           Not to Scale
         TCE-Contaminated Soil

         Metals-Contaminated Soil

  D     Private Wells
Facility Boundary

Municipal Well
          Figure 6-1: EIO Industrial Company Facility And
                          Surroundings
                                 6-3

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                                                        OSWER Directive 9902.6
baseline risk assessment.  In conducting this assessment,  the focus was on
direct ingestion of the soil by a child playing in the area.   The analysis
focused on the major contaminant of concern,  TCE.   TOE is a volatile organic
compound that is known to cause cancer in laboratory animals  and thus is
classified as a carcinogen.  TCE is a highly mobile contaminant that typically
migrates through the soil into the ground water.

      Sampling of the soil at the facility found that the average
concentration of TCE in the soils was 140 parts per million.   This         3
concentration level is associated with an excess lifetime cancer risk of 10" .
This means that if no cleanup action is taken by EPA, one additional person
per one thousand has a chance of contracting cancer as a result of the
exposure to TCE-contaminated soil.  This estimate  was developed by taking into
account various conservative assumptions about the length and quantity of
exposure endured by a person and the toxicity of TCE.

      EPA and the State have determined that in cleaning up the contaminated
soil at the EIO facility to a concentration of 13  ppm of TCE, the excess
lifetime cancer risk posed by the facility following remediation will be
reduced to 10"6.  This cleanup target would reduce the probability of
contracting cancer as a result of exposure to the  contaminants in the soil to
one additional person in one million.  Because there are no Federal or State
cleanup standards for contamination in soil,  this  cleanup target was
established for this site as part of the risk assessment conducted during the
RFT.  The cleanup target was established to reduce direct contact exposure to
an acceptable level, as well as to ensure that the migration  of the TCE into
the ground water is minimized.

      Actual or threatened releases of hazardous constituents from this
facility, if not addressed by the proposed remedy  or one of the other remedies
considered, may present a current or potential threat to human health and the
environment.
SCOPE OF COPRECnVE ACTION

      The problems at the EIO facility are complex.   As a result, EPA has
divided the work into three manageable phases.  These are as follows:

      •  Phase One:     Remediation of Contamination in the municipal well.
      •  Phase Two:     Remediation of Contamination of the ground water
                        aquifer.
      •  Phase Three:   Remediation of Contamination in the soils.

      EPA has already selected remedies for Phases One and Two (the municipal
well and the contaminated ground water) as noticed in the July, 1989  (permit
                                     6-4

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                                                       OSWER Directive 9902.6
modification/order) and accompanying RTC.   The contaminated ground water is a
principal threat at this site because of the potential  for direct ingestion of
contaminants through drinking water wells.   Both of the actions for Ehases One
and Two are in the CMI stage, which means that the engineers are developing
specific plans for implementation of the remedy.   Actual construction is
planned for March 1991.

      The third phase addresses the contaminated soils  in the lagoon and tank
farm area.  This contiguous area was determined to be a principal threat at
the site because of the potential threat of direct contact with the soils and
the soil's impact on ground water.  The cleanup objectives for this phase are
to prevent current or future exposure to the contaminated soils through
treatment and/or containment, and to reduce the migration of contaminants from
the soil to ground water.
SUMMARY OF ALTERNATIVES
      The alternatives analyzed for Chase Three are presented below.
are numbered to correspond with the numbers in the CMS Report.  The
alternatives for the soil cleanup are the following:
                                                       These
         Alternative 1:
         Alternative 2:
         Alternative 3:
         Alternative 4:
         Alternative 5:
          No Action.
          Capping.
          Excavation, Treatment of Volatile Organic Compounds in
          a Vaporization Loop,  Lime Stabilization of Soils,
          Capping, and Disposal Onsite.
          Excavation and Off site Thermal Destruction.
          Excavation, Onsite Thermal  Destruction, and
          Solidification.
      EIO has calculated the following costs associated with each alternative
and tfee time needed for implementation:1
Alternative

    1
    2
    3
    4
    5
   Capital
   CostfSl

         0
   740,485
 4,666,000
39,056,421
42,463,300
Annual Operational &
Maintenance CostsfS)

             0
        18,120
        41,000
        26,200
        26,200
 Present
 WbrthfS)

         0
   910,260
 5,050,150
39,301,905
42,708,780
Months to
Complete

       0
       5
   12-15
   36-72
      30
      1   These numbers  are purely hypothetical  and do. not  represent
Agency determinations of remedial  cost.
                                     6-5

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                                                       OSWER Directive 9902.6
Alternative 1:
NO ACTION

    The "no action" alternative is often evaluated to establish a baseline  for
comparison.  Under this alternative,  EPA would take no  further action at the
site to prevent exposure to the soil  contamination.

Alternative 2:
CAPPING

    The contaminated soil would be left in place and a  24-inch compacted cap
would be installed over the entire 10 acres  of contaminated surface soils in
the tank farm and lagoon areas.  The  cap would be  designed to meet  the RCRA
landfill closure standards in 40 CFR 264.310,  which, among other things,
specify that the permeability of the  cap must be less than or equal to the
permeability of the natural underlying soils at the facility-

Alternative 3:
EXCAVATION, VOIATUJZATION, STABILIZATION, AND DISPOSAL ONSITE

    The 7,500 yd3 of VOC-contaminated soils from the tank farm and lagoon area
would be excavated.  To remove the highly mobile VOCs,  a low temperature
volatilization step would be inserted into the cleanup  process between
excavation and landfilling.  Granular activated carbon  (GAC)  canisters would
separate the volatile contaminants from the  soils  leaving only the  less  mobile
organic and metal compounds in the soil to be landfilled onsite. All
contaminants subject to the Land Disposal Restrictions  will be treated to the
treatment standards specified in 40 CFR 268.   Approximately 99 percent of the
VOCs would be removed by this treatment process.   The used carbon canisters
would be shipped off site to be regenerated.

    The treated soils would then be returned to the lagoon and tank farm area
and stabilized with the 3,500 yd3 of  metal-contaminated soils  not previously
excavated.  The lagoon and tank farm area would be regraded and revegetated
and capped in accordance with the standards  for RCRA landfill closure in 40
CFR 264.310.

Alternative 4:
EXCAVATION AND OFFSITE THERMAL DESTRUCTION

    All 11,000 yd3 of contaminated soils would be  excavated, transported, and
destroyed in an off site thermal destruction unit.  This thermal destruction
process would address the VOCs in the soil;  however, metals would remain in
the ash and would require proper disposal.  The excavation process would leave
the site "clean," requiring no long-term management controls.  The off site
thermal destruction unit would comply with technical  standards for
                                     6-6

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                                                        OSWER Directive 9902.6
incinerators, which include stack scrubbers and other recovery mechanisms to
ensure that no untreated hazardous substances are released into the
er^ironment.  The incinerator would destroy 99.99 percent of the VOCs in the
contaminated soils.  The resulting ash would be properly handled and disposed
of by the operators of the thermal destruction unit.

Alternative 5:
EXCAVATION, ONSITE THERMAL DESTRUCTION, AND SOLIDIFICATTON

    A mobile, thermal destruction unit would be brought to the site,  and
11,000 yd3 of contaminated soils would be excavated and destroyed onsite.
This thermal destruction process would address the VOCs, but the metals in the
soils would remain in the ash.  The onsite thermal destruction unit would
comply with technical standards for incinerators.  Off-gases and scrubber
wastes from the thermal destruction unit would be collected and properly
disposed.  This incinerator would destroy 99.99 percent of the VOCs in the
soil.  Residual metals and ash would be solidified and disposed of off site in
a RCRA Subtitle C facility.

EVALUATION OF THE PROPOSED REMEDY AND ALTERNATIVES
    The proposed remedy for cleaning up the soils (the source control phase)
at the EIO facility is Alternative 3—Excavation, Volatilization,
Stabilization, and Onsite Disposal in a capped unit.  This section profiles
the performance of the proposed remedy against the four general standards and
the five remedy decision factors, noting how it compares to the other options
under consideration.

1.    Overall Protection.  All of the alternatives,  with the exception of the
      "no action" alternative, would provide adequate protection of human
      health and the environment by eliminating, reducing, or controlling risk
      through treatment, engineering controls, or institutional controls.  The
      proposed remedy would treat the volatile organic contaminants in the
      soils, stabilize the remaining wastes, and cap the remaining residuals
      to reduce the risks associated with direct contact and minimize the
      migration of contamination from the ground water.

      Because the "no action" alternative is not protective of human health
      and the environment, it is not considered further in this analysis as an
      option for this facility.

2.    Attainment of Media Cleanup Standards.  All alternatives would meet
      their respective media cleanup standards of Federal and State
      environmental laws.  Because the proposed remedy would involve the
      excavation and placement of hazardous waste, compliance with all
      applicable land disposal restrictions (ICR) standards must be ensured.

3.    Controlljjxr the Sources of Releases.  All of the alternatives would be
      effective in reducing, to the maximum extent practicable, further


                                     6-7

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                                                       OSWER Directive 9902.6
      releases of contaminants to the ground water, surface water, air, and
      other soils.  The proposed remedy would remove the VDC contamination in
      the soils through volatilization and control the release of metals by
      stabilization.

4.    Compliance with Waste Management Standards.  Alternatives 3, 4, and 5,
      which involve soil excavation and either treatment or off site disposal,
      would comply with the applicable requirements for the management of
      solid waste.  This would assure that the management of wastes is
      conducted in a protective manner.

5.    Long-term Reliability and Effectiveness.  The proposed remedy would
      reduce the inherent hazards posed by the volatile organic compounds in
      the contaminated soils.   The  treated soils would still be contaminated
      with other organic and metal  compounds; however, the long-term risks of
      exposure to the remaining contaminants in the soils would be reduced by
      stabilizing and sealing  the soils in the capped area, which would
      prevent migration of the contaminants to ground water, surface water,
      air, and other soils. A ground water monitoring system would be
      installed around the lagoon and tank farm area to assess the
      effectiveness of the treatment  and disposal in the closed area.

      Alternatives 4 and 5 would permanently destroy most of the organic soil
      contamination (TCE, Polynuclear Aromatic Hydrocarbons (PAHs)).  The ash
      generated by the thermal destruction units, however, would be
      contaminated by those metal compounds not destroyed by this process.
      Under Alternative 4, the ash  would be disposed of in an off site landfill
      to protect against risks of future human contact.  Under Alternative 5,
      the contaminated ash would be solidified to prevent the possibility of
      human contact.  The solidified  waste would be disposed of off site in a
      RCRA Subtitle C landfill.

      Alternative 5 would remove all  waste to a permitted, off site landfill,
      thereby eliminating the  long-term risks of exposure at the EIO facility.

      The cap that would be implemented in Alternative 2 would provide
      long-term reductions in  the amount of water that otherwise would pass
      through the contaminated soils. This would reduce the generation of
      contaminated leachate that could migrate to the ground water.  Because
      the highly mobile VOCs will not be treated, the contaminated soils that
      constitute a principal threat would remain at the facility and would
      pose potential long-term risks  of exposure.  The cap's effectiveness
      would be evaluated through long-term monitoring.  The cap would require
      long-term maintenance, and portions of it might need to be replaced in
      the future.

6.    Reduction of Toxicitv. Mobility, or Volume of Wastes.  Only three of  the
      alternatives would treat the  wastes to reduce the toxicity, mobility,  or
                                     6-8

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                                                        OSWER Directive 9902.6
      volume of the organics.  Alternative 3 would involve treatment of the
      most mobile contaminants, the volatile organic compounds.  Hie treated
      soils would still be contaminated with less mobile organic and metal
      compounds.  These soils would be stabilized with the metal-contaminated
      soils in the lagoon and tank farm area and the area would then be
      capped.

      Alternatives 4 and 5 both would involve incineration processes that
      would permanently destroy the organic contaminants.  The contaminated
      ash would be disposed of in a RCRA landfill.  Alternative 2 achieves no
      reduction in toxicity, mobility, or volume.

7.    Short-term Effectiveness.  Alternative 3 would contain the treated soils
      and reduce the possibility of direct human contact with contaminants
      more quickly than all the other alternatives,  except Alternative 2
      (i.e., capping).  Under the proposed remedy, once the volatile organic
      compounds have been collected in canisters, there is some minor,
      short-term risk of exposure to the community during transportation of
      the canisters to a treatment facility-  All of the alternatives that
      include excavation would pose some short-term risks of exposure to VOCs
      during the excavation process.

      Because the capacity of onsite and offsite thermal destruction units is
      limited under Alternatives 4 and 5, contaminated soils would be
      stockpiled for up to 6 years.  Under these two alternatives,  the risks
      of direct contact with stockpiled, contaminated soils would be increased
      until incineration has been completed because of dust.  In addition,
      there are some risks of exposure to air emissions from the incinerators
      and the piles.

8.    Implementability.  Alternative 2 has few associated administrative
      difficulties that could delay implementation.   Alternatives 3,  4, and 5
      must recognize and comply with UKs.  The long-term monitoring that
      would be required to establish the continued viability of the proposed
      remedy would be less extensive than would be necessary for Alternative
      2.  The activated carbon canisters that are part of the vaporization
      step used in the proposed remedy are available in the area.  In
      contrast, there is uncertainty about the availability of adequate
      capacity at an offsite incinerator.  This could lead to delays of up to
      6 years in implementing Alternative 4.  Because there is only one mobile
      incinerator that could be used at the site, the implementation of
      Alternative 5 may take over 2 years to complete.

9.    cost.  The present worth cost of the proposed remedy is $5,050,150.  The
      lowest cost alternative is Alternative 2 at $910,260.  The highest cost
      alternative is Alternative 5 at $42,708,780.  Alternative 4 has a cost
      of $39,301,905.
                                     6-9

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                                                        OSWER Directive 9902.6
      In summary, Alternative 3 would achieve substantial risk reduction
through treatment of the principal threat remaining at the facility (i.e.,  the
mobile lagoon waste) and by providing for the safe management of other
material that will remain at the facility.  Alternative 3 achieves this risk
reduction more quickly than any of the other treatment options.  Based on
information currently available, the proposed remedy provides the best balance
of tradeoffs among the alternatives with respect to the evaluation criteria.
EPA and the State of Tennessee believe that the proposed remedy would be
protective of human health and the environment; attain media cleanup standards
consistent with those proposed under 40 CFR 264.525(d)  and (e); control the
sources of releases so as to reduce or eliminate to the maximum extent
practicable, further releases; and comply with applicable standards for
management of waste.

PUBLIC PARnCIPATION

      EPA solicits input from the community on the cleanup methods proposed
under each of the previous alternatives.  The public is also invited to
provide comment on remedial alternatives not addressed in the CMS.  EPA has
set a public comment period from June 22 through August 22, 1990, to encourage
public participation in the selection process.  The comment period includes a
public meeting at which EPA will present the SB (and draft permit
modification), answer questions, and accept both oral and written comments.

      The public meeting is scheduled for 7:30 p.m.,  June 22,  1990, and will
be held at the Nameless Community Hall, 123 Market Road, in Nameless,
Tennessee.

      The administrative record is available at the following locations:

                           Nameless Public Library
                                125 Elm Street
                             Nameless,  TN 00000
                                (101)  999-1099
                       Hours:  Mon-Sat, 9 a.m. - 9 p.m.

                                     and

                       U.S.  EPA Docket Room, Region  IV
                         Federal Building, 10th Floor
                                Atlanta,  GA
                                (555)  555-1212
                    Hours:  Mon-Fri,  8:30 a.m. - 4:30 p.m.
                                    6-10

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                                                        OSWER Directive 9902.6
      Comments will be summarized and responses provided in the Response to
Comments.  The Response to Comments will be drafted at the conclusion of the
public comment period and incorporated into the administrative record.  To
send written comments or obtain further information, contact:

                                   Jane Doe
                        Community Relations Coordinator
                     U.S. Environmental Protection Agency
                   123 Peachtree Street, Atlanta, GA  00000
                  (555)  555-4640.   Toll-free  1  (800)  333-1515
               between 8:30 a.m.  and 4:30 p.m.  (Monday - Friday)
                                     6-11

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                                                        OSWER Directive 9902.6
                                   CHAPTER 7

               EXAMPLE FINAL DECISION AND RESPONSE TO COMMENTS
 7.1
      The following is an exarrple of a RIC following the standard format for a
RTC that  was presented in Chapter 4.   As previously noted, the model facility
is  an imaginary facility and is the same facility for which the Example SB was
written.

                             EIO INDUSTRIAL COMPANY
                              Nameless, Tennessee

INTRODUCTION

      This RTC is being presented by the U.S. EPA.  The purpose of the RTC is
to  identify the selected remedy,  present concerns and issues raised during the
public comment period,  and provide responses.  All of the comments received
were  carefully reviewed during the final selection of the remedy, and have
been  answered  in this RTC.   No additional  alternatives were raised that were
not considered in the CMS and the proposed remedy was not altered as a result
of  public comments.

SELECTED  REMEDY

      The selected  remedy for the contaminated soil at this facility is
excavation, volatilization of organics, stabilization, and onsite disposal.
The 7,500 yd3 of VOC-contaminated soils from the tank farm and lagoon area
will be excavated.  A low temperature thermal desorption unit will be used to
remove the highly mobile VOCs.   The off-gas from this unit will be passed
through GAG canisters to remove the VOCs to meet air discharge requirements.
This treated soil will then  be stabilized  to immobilize the less mobile
organic and metal compounds.   This treatment is  expected to meet applicable
land disposal  restrictions.   The remaining 3,500 yd? of metal-cx>ntaminated
soils will be  excavated and  also treated by stabilization.  The 11,000 yd5 of
stabilized soil will  be placed back into the tank farm and lagoon area.  This
area will be regraded,  revegetated, and capped in accordance with the
standards for  RCRA  landfill  closure in 40  CFR 264.310.  A ground water
monitoring system will be installed around the facility to ensure the
long-term effectiveness of the treatment method.

      All of the proposed remedies initially screened in the CMS, with the
exception of the "no  action" alternative,  would  provide adequate protection of
                                      7-1

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                                                        OSWER Directive 9902.6
human health and the environment by eliminating,  reducing,  or controlling risk
through treatment, engineering controls, or institutional controls.   However,
the selected remedy will achieve site remediation more quickly (12 to 15
months) than any of the other proposed remedies.   (Alternative 2—cap
installation, would take less time than the selected remedy.   However, it was
not chosen because it would not provide as much long-term reliability and
effectiveness, and would not reduce the toxicity, mobility, or volume of the
waste.)  The selected remedy will be reliable and effective over the long-term
by reducing the inherent hazards posed by the volatile organic compounds in
the cx>ntaminated soils.  The remaining organic and metal contamination will be
treated by stabilization thereby reducing the mobility of the contaminants.
Although Alternatives 4 (excavation and offsite thermal destruction) and 5
(excavation, onsite thermal destruction, and solidification)  would provide
comparable long-term reliability and effectiveness, they were not selected due
to the increased risk of direct contact with stockpiled, contaminated soil.
The selected remedy provides the best balance among the alternatives with
respect to the evaluation criteria, including:

      •  Long-term reliability and effectiveness
      •  Reduction of toxicity, mobility, or volume of waste
      •  Short-term effectiveness
      «  Implementability
      •  Cost.

PUBLIC PARTICIPATION ACl'lVl'l'lKS

      A public comment period was set from June 22 through August 22, 1990.  A
public meeting was held on June 22, 1990 at the Nameless Community Hall, 123
Market Road, in Nameless, Tennessee.  The meeting was attended by a total of
23 people, including representatives of EPA,  the Tennessee Pollution Control
Board, the local government, and citizens.  A number of comments were raised
and are presented below.

COMMENTS RAISED AND THE AGENCY'S RESPONSE

Concern:

      Citizens were concerned as to when the cleanup activities would begin.

Response:

      The EIO Industrial company is a complex site with both soil and ground
water contamination.  Therefore, EPA has divided the corrective action  into
three phases.  The three phases are for correcting contamination in the
municipal well, the ground water aquifer, and the soils.  EPA has already
selected remedies for Phases One and Two (the municipal well and the
contaminated ground water).  A RTC for Phases One and Two was completed in
                                     7-2

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                                                        OSWER Directive 9902.6
July, 1989.  Construction for these two phases is planned for March 1991.   OH
for Phase Three  (son contamination) is expected to begin in September 1991.

Concern:

      Representatives of the local government reported that they found
contamination in another of their municipal wells (well #9) located
approximately 5 miles downgradient of the facility.  They stated that the
contamination was similar to that found at the KCO Industrial Company.
They requested that the facility provide financial assistance to the local
government for remediation of well #9.

Response:

      The administrative record contains no evidence of any spill or
industrial activity near well #9 that would link the EIO Industrial Company
with the chemicals contaminating well #9.  Also, according to the RET report,
the contaminated ground water plume only extends 1 mile downgradient of the
facility (refer  to Figure 7-1).  However, EPA will initiate an investigation
of this new area of contamination.

Concern:

      Citizens voiced concerns regarding the possibility that excavation of
the contaminated soil during the CMI process will create dust emissions that
may endanger the community.

Response:

      An EPA representative reported that the dust emissions created are not
expected to be carried by wind as far as the local community, 1 mile from  the
excavation area.  Continuous air monitors will be set up to ensure that dust
levels are maintained at acceptable levels during excavation.  If dust
emissions exceed acceptable levels the work will be stopped until those
conditions abate.  It was also noted that the risk of dust emissions was
associated with  four of the six alternatives suggested in the CMS due to soil
excavation.

Concern:

      The panel was asked to explain the stabilization process.

Response:

      Following  soil excavation and treatment by volatilization of organics,
the contaminated soil will be stabilized.  The soil will be mixed with the
stabilization compounds (examples are cement, lime, and flyash), and placed
                                     7-3

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                    losed Lagoon
                       Area
  Ground
Water How
           TCE-Contaminated Soil

           Metals-Contaminated Soil

           Private Wells

           Contaminated Ground Water Plume
Facility Boundary

Municipal Well
                 Figure 7-1: EIO Industrial Company
       Facility And Surroundings Showing Contaminated Ground
                           Water Plume
                               7-4

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                                                        OSWER Directive 9902.6
into monolith sections in the lagoon and tank farm areas.  A treatability
study will be performed prior to onsite stabilization to determine the optimum
stabilization mixture for the EIO Industrial Company soil.  The technology
will not result in the destruction of the contaminants, however, it will
result in permanent reduction of mobility or toxicity of the contaminants.
The volume of the soils will be increased as a result of stabilization.  The
optimum stabilization mixture will provide a reduction in mobility of the
contaminants in excess of 95 percent.

Concern:

      Citizens raised concerns regarding the cancer risk associated with
leaving the treated waste onsite following volatilization and stabilization.

Response:

      The selected remedy must meet applicable environmental standards, to
protective of human health and the environment, and be reliable and
inplementable.  The selected remedy was chosen by evaluating these criteria.
It was determined during the evaluation process that the significantly higher
cost associated with offsite disposal of the soil would not provide a
proportionally greater benefit in terms of being protective of human health
and the environment.  The estimates of increased lifetime cancer risks made
during the CMS were performed using conservative models and based on a worst
case scenario.  The selected remedy is expected to meet standards and to be
protective of human health and the environment.

      The public has not requested that a remedy other than the proposed
remedy be implemented at the EIO facility-  No modifications or changes to the
selected remedy were made as a result of the public comments.

FUTURE ACTIONS

        To determine whether specific community concerns arise during the CMI
process, information will be provided to the public through press releases or
other appropriate means, such as additional public meetings.

EMZTARATIONS

      Based on the administrative record compiled for this corrective action,
I have determined that the selected remedy to be ordered at this site (or in
the permit modification for this site) is appropriate and will be protective
of human health and the environment.
                                     EPA Regional Administrator

                                     Date



                                     7-5

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                                                   OSWER Directive 9902.6
                                   CHAPTER 8

                                 BIBLIOGRAPHY


"Carcinogenic Risk Assessment," 51 Federal Register (FR)  33932,  September 24,
1986.

"CERCEA Compliance with Other Laws Manual," OSWER Directive 9234.1-01, August
1988.

"Chemical, Hiysical and Biological Properties of Compounds Present at
Hazardous Waste Sites," EPA/OWPE, September 1985.

"Community Relations in Superfund:  A Handbook," OSWER Directive 9230.0-3B,
June 1988.

"Construction Quality Assurance for Hazardous Waste Land Disposal Facilities,"
EPA/530-SW-85-031, July 1986.

"Corrective Action for Solid Waste Management Units at Hazardous Waste
Management Facilities; Proposed Rule,"  55 FR 30798, July 27,  1990.

"Exposure Assessment," 51 FR 34042, September 1986.

"Guidance for Conducting Remedial Investigations and Feasibility Studies Under
CERdA," OSWER Directive 5355.3-01, October 1988.

"Guidance on Administrative Records for RCRA 3008(h) Actions," OSWER Directive
9940.4, July 1989.

"Guidance on Public Involvement in the RCRA Permitting Program," OSWER
Directive 9500.00-1A, January 1986.

"Guidance on Remedial Actions for Contaminated Ground Water at Superfund
Sites," OSWER Directive 9283.1-2, December 1988.

"Guidelines for the Health Risk Assessment of Chemical Mixtures," 51 FR 34014.

"The Health Assessment of Suspect Developmental Toxicants," 51 FR 34028,
September 1986.

"The Health Risk Assessment of Chemical Mixtures," 51 FR 34014,  September 24,
1986.
                                     8-1

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                                                    OSWER  Directive  9902.6
"Interim Fined Guidance on Preparing Superfund Decision Documents," OSWER
Directive 9355.3-02, June 1989.

"Interim Final RCRA Facility Investigation (RFI) Guidance," OSWER Directive
9502.00-6D, EPA 530/SW-89-031, May 1989.

"Methods for Chemical Analysis of Water and Waste," EPA-600/4-79-r020, March
1979.

"Mutagenicity Risk Assessment," 51 FR 34006, September 24, 1986.

"National Oil and Hazardous Substances Pollution Contingency Plan; Proposed
Rule," FR, December 21, 1988.

"RCRA Corrective Action Plan - Interim Final," OSWER Directive 9902.3,
EPA/530-SW-88-028, June 1988.

"RCRA Ground Water Monitoring Technical Enforcement Guidance Document, Final,"
EPA/OWPE, September 1986.

"Remedial Action at Waste Disposal Sites (Revised)," EPA/625/6-85/006, 1985.

"Risk Assessment Guidance for Superfund,"  Volume 1: Human Health Evaluation
Manual (Part A), Interim Final (EPA, December 1989 - EPA/540/1-89/002).

"Superfund Federal-Lead Remedial Project Management Handbook," OSWER Directive
9355.1-1, December 1986.

Superfund Program; Part 1.  Public Health Risk Assessment and Part 2.
Ecological Risk Assessment (EPA 901/5/89-001, June 1989).

"Superfund Remedial Design and Remedial Action Guidance," OSWER Directive
9355.0-4A, June 1986.

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"  Third
Edition,  November 1986.

"Toxicology Handbook - Principles Related to Hazardous Waste Site
Investigations," EPA/OWPE, August 1985.
                                     8-2


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