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 ------- 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 ------- ~ /-lI.1dJMl-UOi ttJt/O./J-'6) " q 3fpo, . , I"tI. ~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 ( ,/Clarifies EPA's policy on the appropriateness of CERCLA removal actions , at methane gas release sites. ~;v J44I. $&~ it! / fI~ ~/( Policy cl~rificatibn Slat~ 1//21- ~ 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) \ Dale £.~~ II /11Ig~ Date , ))/ f) 'J/ ~l"6- EPA Form 1315.17(10.85) ------- OSWER Directive #~3bU.U-u , ':.,.,~o ST04~ ~"V' 'P, i ft \ s ~t2. ~ \ : "''I?: ...~ .oiL MOI"-" 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. ' ------- 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 ------- |