oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9360.0-3
TITLE: CERCLA Removal Actions at Methane Release Sites
APPROVAL DATE: January 23, 1986
EFFECTIVE DATE: January 23, 1986
ORIGINATING OFFICE: Superfunu
p} FINAL
D DRAFT
STATUS:
Memorandum from Henry Longest II, Director, OEKR
To: Basil G. Constantelos, Director, Waste Management
Division, Region V
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9350.0-8
TITLE: CERCLA Removal Actions at Methane Release Sites
APPROVAL DATE: January 23, 1986
EFFECTIVE DATE: January 23, 1986
ORIGINATING OFFICE: Superfund
LH FINAL
D DRAFT
STATUS:
Memorandum from Henry Longest II, Director, OERR
To: Basil G. Constantelos, Director, Waste Management
Division, Region V
REFERENCE (other documents):
OSWER OSWER OSWER
ME DIRECTIVE DIRECTIVE D
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~EPA
Unlled Slates Environmental Prolecllon Agency
. Washington. DC 20460 '
OSWER Directive Initiation Re uest
~ Directive Number
qabO
Origlnalor Information
/
Name of Conlact Person
Jackie Dziuben
Lead Office 0 OUST
DOERR . 0 OWPE,
o OSW 0 AA.OSWER
Mail Code
WH-548
Telephone Number
382-2452
Approved for Review
Signalure of Office Director
Dal8
Tille
Removal Actions at Methane Release Sites
Summary 01 Directive
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,/Clarifies EPA's policy on the appropriateness of CERCLA removal actions
, at methane gas release sites.
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Policy cl~rificatibn
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~ Draft
o Final
G:r'New
o Revision
Does this Directive Supersede Previous Directive(s)?
If "Yes" to Either Question. What Directive (number, title)
No
Doe's It Supplement Previous Directive(sl?
No
Review Plan
o AA.OS~ER
DOERR
o osw
, 0 OUST
o OWPE
o Regions
tJ OECM
o OGC
o OPPE
o Other (Specify)
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Dale
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Date ,
))/ f) 'J/ ~l"6-
EPA Form 1315.17(10.85)
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OSWER Directive #~3bU.U-u
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. Z0460
JAN 2 3 1986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMQRANOOM
TO:
CERClA Removal Actions at Metha~erle sites
Henry L. Longest II, Director
Office of Emergency and Remedia nse
Basil G. Constantelos, Director
Waste Management Division
Region V
SUBJEcr:
FRCM :
// This memorandum clarifies Office of Emergency and Remedial Response
,..-' "policy on the apprq;>riateness of rerroval actions at nethane gas release
sites under authority of the Comprehensive Environmental Response, Compen-
sation, and Liability Act of 1980 (CERCLA). This issue was recently
brought to our attention as a result of response actions which were being
considered at the Industrial Excess Landfill (IEL) site in Lake Township,
Ohio. '
Because methane gas is not listed or designated under any of the
statutory provisions in section 101(14) of CERCLA, it is not a "hazardous
substance." However, response actions under CERClA section 104 are not
l~ted to hazardous substances. Section 104(a)(1) authorizes responses
to actual or potential releases of. "pollutants or contaminants." The
definition of hazardous substance in section 101(14) and pollutant or
contaminant in section lp4(a)(2) excludes certain types of natural gas and
petroleum. Naturally occurring methane gas frond in or associated with
petroleum deposits is a type of natural gas and is therefore exempted from
CERCIA coverage. However, methane gas emanating fran a landfill is not
considered to be "natural gas" and such releases may therefore be eligible
for response under section 104(a) (1) if methane gas otherwise neets the
definition of pollutant or contaminant under section l04(a)(2).
wi th respect to the response authori ty for pollutants or contaminants,
response action under section 104(a)(1) is authorized only if there is a
threatened or actual release of such substances which may present an
"imminent and substantial danger to the public health or welfare." The
}X)tentially explosive gas levels, detected during daily rronitoring at the
pernneter of the 'landfill and nearby homes and businesses, appear to meet
the criterion of imminent and substantial danger. Therefore, because the
methane gas is not excluded as a "natural gas," if it is determined to
be a "pollutant or contaminant" as defined in section 104(a)(2) and to
-pose an "imminent arid substantial danger to the public health and welfare,"
response under CERClA is authorized. '
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OSWER Directive #9360.0-8
-2-
Although the proposed removal action is authorized under CERCLA section
104(a)(1), the responsible party may not be liable under section 107 for
removal action costs since liability under that section is lllnited to
releases of hazardous substances.
As a matter of policy, CERCLA responses to methane gas releases should
be carefully evaluated on a case-by-case basis. Approval- of the rerrova1
action at IEL should not be considered as setting a general precedent for
future actions involving methane gas. Methane gas is produced in IroSt
landfills, and response authorized under CERCLA section 104(a)(l) for
release of a "pollutant or contaminant" must be carefully evaluated and
documented for ~he presence of an "imminent and substantial danger to the
public health or welfare."
In a related issue, please note that methane control measures may be
taken as part of a response action that controls a release of. a hazardous
substance. These measures would be taken to protect public health and the
environment and to ensure the integrity of the remedy.
/ . .. . t . d
cc: Waste Management Division Direc ors, Regions I-IV an VI-X
./' Environmental Services Division Directors, Regions I,VI and VII
Regional Branch Chiefs
Regional OHM-Coordinators
Gene Lucero
~ss Wyer
Steve Lingle
J irn Lounsbury
Tlln Fields
Hans Crump
Sherry Hawkins
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