I1
               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460
                                                    9360.8-10
                                                    EPA/540/F-94/046
                                                    PB94-963285
                                                    AUGUST 1994

                         I 5 1993
                                                       OFFICE OF
                                              SOLIDWASTE AND EMERGENCY RESPONSE
                                         OSWER Directive 9360.8-10
 MEMORANDUM

 SUBJECT:  Interim Guidance for the Determination of Significant
           and Substantial Harm Facilities For o^l Pollution Act
           Response Plans

 FROM:      Henry L. Longest II, Director
           Office of Emergency and Remedial

 TO:        Director, Waste Management Division
                Regions I, IV, V, VII
           Director, Emergency and Remedial Response Division
                Region II
           Director, Hazardous Waste Management Division
                Regions III, VI, VIII, IX
           Director, Hazardous Waste Division
                Region X
           Director, Environmental Services Division
                Regions I, VI, VII

     This transmits the "Interim Guidance for the Determination
 of Significant and Substantial Harm Facilities."  This Interim
 Guidance supplements the proposed response plan revisions to 40
 CFR  Part 112 of February 17,  1993.  The purpose of this guidance
 is to  assist Agency personnel in determining whether a facility
 could  reasonably be expected to cause "significant and
 substantial harm to the environment."  The Oil Pollution Act
 (OPA)  of 1990 requires that such facilities must have their
 facility response plans reviewed and approved by the Agency.  The
 Interim Guidance includes a description of the screening process,
 forms  to document the determination process, and an attachment
 that explains the justification for each criterion.

     The Interim Guidance was prepared with the input of Regional
 On-Scene Coordinators (OSCs), the Office of General Counsel
 (OGC),  the Office of Waste Programs Enforcement (OWPE), the US
 Coast  Guard (USCG)  and the Research and Special Programs
 Administration (RSPA)  of the Department of Transportation (DOT),
 the  National Oceanic and Atmospheric Administration (NOAA), and
 the  Minerals Management Service (MMS).
                                                          Printed on Recycled Paper

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The Interim Guidance has three screens for use in .
determining if a facility poses a risk of significant and
substantial harm to the environment. The screens 'are organized
according to the ease of obtaining the required information. To
evaluate a particular facility, the three screens should be used
sequentially. The first two screens evaluate information from
the facility plan. The third screen performs two functions:

(1) to allow facilities to be designated as significant and
substantial risk based on site-specific characteristics that
are not captured under the first two screens, and
(2) to re-evaluate those facilities that were designated as
significant and substantial risk under the first two
screens, but that may have unique locational or facility-
specific circumstances that mitigate the potential to cause
significant and substantial harm.

If a facility is not identified by any of the three screens, the
facility would not reasonably be expected to cause significant
and substantial harm to the environment.
To ensure national consistency in making these
determinations, I strongly suggest that the screening process
described in the guidance be documented on the attached forms for
each facility identified as reasonably expected to 9ause
significant and substantial harm.

Facilities designated as significant and substantial risk
should be notified of their status and be requested to provide to
EPA by July 18, 1993 a certification of the implementation of
resources described in their response plan. This will enable EPA
to evaluate a facility's certification prior to the August 18,
1993, statutory deadline. Approval of a facility's certification
will allow it to remain in operation until February 18, 1995, or
until its response plan is approved prior to February 18, 1995.
If you have questions on the use of the criteria, please
contact Bobbie Lively-Diebold at (703) 356-8774.

Attachment
cc:
Regional Removal Managers
Cecilia Smith, OWPE
Tom Beisswenger, OGC
Superfund Document center,
(OS-245)

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