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      e)    The ERD Regional Coordinator communicates
           the decision and the appropriate accounting
           information (see Section 5.0)  to the OSC or
           other Regional  official  as quickly as
           possible,  and confirms the decision in
           writing by the  end of the next work day.   The
           OSC must notify the Regional UST Coordinator
           of the decision.

      f)    The RA transmits a formal action memorandum
           (see Appendix D),  along  with a formal State
           request letter  (see Appendix C)  to ERD within
           10 days.

 4.2.4.2    During non-duty hours (after 5:00 p.m. EST on
 weekdays,  on Saturday,  Sunday,  and holidays),  or if the
 situation  precludes  contacting Headquarters prior to
 initiating necessary response actions:

      a)    The OSC obtains oral approval  from the RA,  or
           from his/her  delegatee (see  Section 4.1,  or
           Appendix A).  This authority may only be  used
           to obligate funds  up to  $50,000,  for
           corrective actions which meet  the criteria in
           section 4.1.1.

      b)    The OSC notifies the Regional  UST Coordinator
           (see Section  4.4)  and ERD Regional
           Coordinator of  this  action as  soon  as
           possible.

      c)    The  RA  transmits a  formal action  memorandum
           (see  Appendix D),  along  with a State  request
           letter  (see Appendix  C)   to ERD within  10
           working days.  A ceiling  increase request
           (see Appendix E) may  be  incorporated within
           this memorandum, if needed.

4.2.4.3    During non-duty hours, if a ceiling greater
than $50K  is needed:

     a)   The OSC telephones the National Response
          Center  (NRC),  800-424-8802, identifies himself/
          herself, and asks to be  put in contact with
          the ERD Duty Officer.

     b)   The NRC contacts the ERD  Duty Officer.

     c)   The ERD Duty Officer contacts the OSC and
          asks for the information  contained in Appendix
          E.   The ERD Duty Officer  notifies the
          supervisory duty officer, the OD/OERR, the
          OD/OUST, and the AA/OSWER (if appropriate),
          who approves or  denies the request.
                     -9-

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               d)   The ERD Duty Officer communicates the
                    decision to the OSC as quickly as possible,
                    and confirms the decision in writing by
                    the end of the next work day.

               e)   The RA sends a formal action memorandum
                    (see Appendix D)  along with the State request
                    letter (see Appendix C)  to ERD within 10 days.
4.3  Written Request from State

     This approval process must be used whenever

      -                                       '
     4.3.1     Receive written request  from State

          The affected State  shall  perform  a thorough  site
     evaluation to clearly determine  the  extent of  release
     source,  substance (.)  released, and threats posed  by ?he
     release    The State  shall also make  every reasonable a^temot
     to  locate owners  or  operators  and compel corrective actionS
     FeLral  L^Sn,Then  prej?re *  fOrmal written revest ror
     Federal-lead  UST  corrective action that presents  all of%h«
     ?^1?6"t ?lte i?f °™tion, using the  Stf^reguesi letter
     format in Appendix C.  The request letter should  be sent to
     the Regional  OHM  Coordinator,  or other designated Reaional
     management official,  from the  Director of the state us?
     agency designated by  the  Governor of the affected State.

     4.3.2      Notify Regional UST  Coordinator

         When  a letter requesting UST corrective action is
    received  from the state,  the Regional UST Coordinator must
    be consulted and provided a copy of the letter (see Lctl on 4.4).

    4.3.3     Evaluate State request

         The OSC and Regional UST Coordinator jointly
    evaluate the State request to determine whether:

         o    Additional  information  is required,   if the
              request letter  (see  Appendix  C)  is deficient,  the
              Region  should contact the State and obtain
              additional  information, or  instruct the  state  to
              resubmit the request  letter incorporating the
              Region's comments,   if  necessary, the OSC may
              perform  a perfunctory site  inspection to gather
              needed data.

        o    Federal-lead UST corrective action is not
              justified.   If the situation  does not meet the
              criteria discussed in Section 2.0, the OSC and the
              Regional UST  Coordinator must recommend to the OHM
              Coordinator  that the  request  be denied.
                             -10-

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            °    ?;dS;21;J;!ld,.?ST corrective Action is justified.
                 If the situation appears to meet the criteria
                 discussed in Section 2.0, the following approval
                 procedures should be implemented.       aPProvai

       4.3.4     Regional role








      memorandum to  allow the ERD Regional  Coordinator to e^edite
      the  Headquarters  approval process.                  expedite


            The OSC should provide the information set forth  in *ho

                     ^^
      4.3.5     Headquarters role
           The ERD Regional Coordinator reviews the action
      memorandum, gets concurrences from other off ices as
      necessary  (e.g., OUST, OGC) ,  and sends it with a
      recommendation for approval/denial to the appropriate
      Headquarters official for final determination anS signature,


            Se ?R? Re9i°nal Coordinator then communicates the
 4.4   Regional  UST Coordinator/Enforcement
              s^
aaalnst8^1 ^ wei*hf"* .the "^e's response «pabiU ties
against the characteristics and magnitude of an UST emeraencv
The Regional UST Coordinator should be informed as soon IT *'
possible whenever the Region receives a state request for
Federal-lead UST corrective action;  whenever p«£ucable  the
Regional UST Coordinator, together with the OSC, shoSld evaluate
the appropriateness of Federal-lead corrective action prio? to
                               -11-

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seeking approval.  The OSC should keep the

    dt'
                                                  UST
     ^f   *       cooperative agreements, will be expected  to
     * % and.Pursue enforcement action.  The Regional UST

 s?atf a^n^- " resP°nsi?le f or coordinating with affected
 State agencies,  particularly in identifying owners or ooerators
 and pursuing enforcement actions.   EPA has the author i ?5 £!  ?f

 several different types of administrative ordSrs^nder SWDA-
SSSLS
=2
                            -12-

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 5.0  ACCOUNTING INFORMATION
              M»ini«t»tiv. Management Support
                    SSS1»StSia.to('

                       n^l iSSS-eS
 issued by the Regional Financial Management Office



     Detailed information describing Trust Fund appropriation
 account number structure,  activity codes,  and othS? relevant
 matters has been issued by the Comptroller General to
 all Financial Management Officers in Comptroller Policv

                   87'13'  "Inter^ Financial Pollcie^and
                   ^^


                  a^-S^JSK
costs for cost management and cost recovery purposes   Thlloficv

                                              '           10
                            -13-

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  6.0  INITIATION OF ON-SITE ACTIONS

       Mechanisms available to the OSC for ini^-4--
  response include:                        initiating an UST
       o
       o
       o
       Procurement of cleanup services;
       Procurement of technical assistance; and
       Assistance through other agencies
  6.1  Procuring Cleanup Services
       6'1'1
      ERCS
                 cSnSacts  Resp°nse  clea^P  Services
      resources.  Thse   ntrcts prvid

                        '                u
                                                               a
      6.1.2     Other  commercial  contracts
6.2  Procuring Technical Assistance
6.2.1
               Technical Assistance Team (TAT)  contracts

                               -14-

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      quality assurance,  and related tasks.   The two TAT zone
      contracts include provisions for UST response.   Procedures
      for implementing these contracts are similar to current
      removal program procedures as outlined by Superfund Removal
      Procedures — Revision Number Three  and the TAT Contract:
      User's Manual,  except that the Project Officer must give
      approval.   The Region's Deputy Project Officer (DPO)  should
      complete a Technical  Direction Document (TDD)  form,  being
      sure to specify that  the source of funding is the  LUST Trust
      Fund (instructions  for completing and  processing TDDs can be
      found in Appendix H).   The DPO must  obtain the  Headquarters
      Project Officer's (PO)  approval of the TDD;  the PO will
      contact the contractor Zone Program  Manager (ZPM)  as soon as
      possible to confirm approval.   The ZPM will  then communicate
      the PO's approval to  the appropriate TAT Leader, who may
      only then implement the task requested by the TDD.   Appendix
      H provides a detailed description of the process for
      activating TAT.

      6.2.2      Environmental Response  Team  (ERT)

          The EPA Environmental  Response  Team (ERT)  provides a
      wide range of technical,  analytical, investigative,  and
      planning services.  To  obtain  ERT assistance, contact the
      ERD Regional  Coordinator.

6.3   Assistance from Other Agencies

      Other  Federal agencies  may  have personnel with  specific
expertise and experience that could be useful to OSCs in
performing  Federal-lead UST  corrective actions.  EPA has a
Memorandum  of Understanding  (MOU) or site-specific Interagency
Agreements  (lAGs) with each  of several agencies to facilitate
their direct participation in hazardous substance responses using
CERCLA monies.  Although there is no provision for their
participation in Federal-lead UST corrective actions, which are
funded under SWDA, OSCs may  contact other agencies to seek
informal advice or assistance as appropriate.  The following
agencies may be particularly helpful.

     6.3.1     Federal Emergency Management Agency (FEMA)

          FEMA  is often used to provide assistance with temporary
     and permanent relocation of affected residents and
     businesses during removal actions.
                               -15-

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      6 • 3 • 2
                                                           -s:  of
                                                              ~
                      assistan« « guidance iTJrtoriSf  V  8
                                         sectio" ^
      6.3.3     United States Coast Guard (USCG)
     zones or affecting surface watlrs, and should be notified

     whenever Federal-lead UST corrective action is considfrld at

     such a release to determine whether response is mo?e

     appropriate under the Clean Water Act (§£"



6.4  Stabilization Standards



     Federal-lead UST corrective action will  aeneraiiv he

limited to stabilization of the emergency condiSES th£?








    eEPA y ^  StatS  UndSr Sn aPPr°P"ate coopera^ve

                             -16-

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 7.0  MANAGING FEDERAL-LEAD UST CORRECTIVE ACTIONS
       4
      This section provides guidance on the roles and
 responsibilities of OSCs when managing UST response projects
 A variety of topics is addressed, including oversight of
 contractors, allowable costs, cost management, ceiling increases
 and scope modifications, access agreements, health and safety,
 community relations, reporting requirements, and post-corrective
 action site control considerations.

      OSCs have complete responsibility for directing response
 operations.  This means that they must ensure that all on-site
 activities are consistent with Subtitle I of SWDA,  as amended by
 Section 205 of SARA, and program policies and procedures; that
 all expenditures of funds are appropriate and reasonable; and
 that subsequent cost recovery actions will be supportable.

 7.1  Oversight of Contractors

      A major OSC role is oversight of the contractors performing
 response activities.   Examples of oversight activities include:

      •    Preparation of the  work report;

      •    Review and certification of the  Contractor  Cost Report
           (EPA Form  1900-55),  which  lists  daily  contractor
           costs;

      •    Daily  monitoring of contractor personnel  and equipment
           to verify  satisfactory  completion  of the  work;

      •     Determination  of the overall project status.

      In  conducting these  oversight activities, OSCs may request
 support  from the TAT.  Examples of such support are maintaining
 entry/exit logs of all contractor  personnel and equipment,
 communicating oral or written messages from the OSC to the
 cleanup  contractor, and maintaining logs related to project
 costs.   The TAT staff may not, however, assume the OSC's
 responsibilities for directing site activity, verifying
 satisfactory completion of work, or approving 1900-55 forms.

     Compelling circumstances, such as another response incident
may require the OSC to leave the site for more than 24 hours.
The OSC may designate capable persons from Federal,  State, and
local agencies to act as OSC representatives to supervise
response operations.   TAT staff,  because of their non-
governmental status,  may not be designated OSC representatives.

     Response program policy dictates the following guidelines
for, and limitations  on,  the designation and activities of OSC
representatives:
                               -17-

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       •    Federal  employees -  The  preferred  designee would be
            another  Federal  employee because such  a  designee would
            have authority to direct,  not merely oversee,
            contractors;  to  initiate activities involving
            expenditures  of  money; and to certify  completion of
            work and costs.

                 Examples of appropriate Federal employees are
            another  OSC,  a non-OSC Superfund employee,  or a  non-
            Superfund employee from  within the Region;  an OSC or
            other employee from  another Region; or Headquarters
            personnel or  employees from another Federal agency such
            as USCG.

                 As  a practical matter, reassignment of staff from
            other duties may be difficult,  particularly with
            respect  to personnel outside the program, Region, or
           Agency.  Moreover, designation of a Federal employee
           who does not have adequate training in program
           procedures and response operations  could endanger the
           response.

      •    State/local staff - state and local officials are
           precluded from taking any actions involving
           expenditures of LUST Trust Fund  monies, unless  an
           appropriate cooperative agreement has  been executed.
           In practice,  this means that  State  and  local
           representatives may transmit  and supervise the
           implementation of the OSC's work orders but may not
           provide new instructions.

      •    TAT - TAT personnel may not serve as OSC  designees;
           they may, however,  continue to provide  support  services
           at the site  and monitor cleanup  contractor performance
           in the absence of the OSC.

      Because of the practical difficulties in designating an OSC
 representative  who  can assume full  on-site responsibilities, OSCs
 are discouraged from leaving  the  site except in very  limited
 circumstances.   Examples of such  circumstances are  when EPA has
 an agreement with a State or  local  government to provide water
 hookups, or when the site clearly has "insignificant"  activity
 (e.g.,  a pump running).

 7.2  Allowable  Costs

     In general, EPA will expend LUST Trust Fund monies at a
 Federal-lead UST corrective action only to stabilize the
 situation and mitigate those problems that are directly
 responsible  for  creating the major public health or environmental
 emergency.   Because of limitations on funds,  long-term
 remediation and post-corrective action site control (operation'
and maintenance) activities  must be performed  by the State.
                               -18-

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JespoSe" reSP°nSe' "•—•*•.  — ~e~Sr ?° acco^UsYthe


                  "'
    7.2.1     Extramural costs
                      contractor and  consul fin^ ™e+g   including

              nrn •   f ?SP°r^ati0n and  di*P°sal,  now provided
              Kin?iP  iVnder the ERCS  contractor system  and
              supplemented as  needed  by non-ERCS  commercial
              contractors .


              Support contra^or costs r including TAT.

              Subcontractor
        •    Other costs, such as EPA leasing or rental of
             equipment; incremental costs for EPA-owned

             ?Si?!!5?tf" fuPPlies' ^terials, and equipment
             (including transportation costs) procured for the
             SJfif Corrective action and fully expended
             during the corrective action; and utilities.


        *    *5% contingency allowance,  for unforeseen
             extramural costs.

   7.2.2     Intramural costs


        •    EPA direct costs,  including  the salaries,
             overtime,  travel,  and per diem  of on-site  EPA
             personnel .


        •     Direct cngj-c  incurred by ERT.
                            -19-

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                 Direct costs  incurred  by  Headquarters and Regional
                 technical  and legal  staff.

                 EPA  Regional  laboratory
            •     Indirect costs,  including EPA Regional and
                 Headquarters management and administrative  costs
                 and fringe benefits.

 7.3  Non-Allowable Costs

      Corrective action costs not allowed under the LUST Trust
 Fund include  (but are not limited to) :

      •    State and local costs for which prior authorization was
           not specifically given by the OSC or addressed in a
           cooperative agreement (e.g., municipal services such as
           use of police or fire departments and State personnel
           who are on-scene performing tasks not specifically
           requested by the OSC) .

      •    Costs for the research and development of equipment and
           response technologies used in conjunction with an UST
           corrective action (e.g.,  emerging alternative disposal
           technologies) .   Funding may be available,  however,
           through other sources; contact the  ERD Regional
           Coordinator for  more  information.

      •     Costs incurred by a contractor to provide  response
           measures,  for which that  contractor  is later  found  to
           be  liable.

 7.4   Cost  Management

      During Federal-lead UST corrective  actions,  all Regions  must
 implement  an  effective  system for managing  response costs.  This
 management system must  ensure the efficient use  of public monies
 enable all response costs to be  tracked against  dollar ceilings  '
 and provide the  necessary information to support  cost recovery
 actions.
«*.„  ^i1"1*?6 resP°nsibility for cost management rests with the
OSC.  Detailed guidelines for the OSC are in the Removal Cost
Management Manual.  That manual identifies four components of
cost management  (i.e., cost projection, cost control, cost
documentation, and cost recovery)  which are applicable to
Federal-lead UST corrective actions, and are summarized briefly
below.                                                        J

     7.4.1     Cost projection

          The key to effective cost management is through cost
     projection prior to the start of a response,  as well as
     during a response.   Pre-response estimates of costs form the
     basis for establishing a total project ceiling recorded in
                               -20-

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 the action memorandum; cost projection during a response
 SiE^n^ t0 ?nticiPate the need *>r increases*™ "he
 project ceiling.  To estimate indirect costs, oscs should
 use the provisional rates provided by the Headquarters
 7.4.2     Cost control

      Cost control consists of cost planning and monitorino
 as well as verification of costs.   OSCs arl in the most  *
 advantageous position to control response costs if they stay
 ih^ncr.0" Jhe availability of cost-effective resources.
 Thus, OSCs should:  identify non-commercial support services
 and response equipment available to the Region; familiarize
 themselves with cost-effective cleanup services in the Ivlnt
 SSoSSSS °Utfide tht ERCS netWOrk is "quired;  maintain
 information on the cost of obtaining,  operating,  and
 maintaining safety equipment;  and  review final UST response
 reports of costs at past responses.                 response

      In addition,  OSCs are responsible for  monitoring site
 work and verifying that the contractor has  provided the
 personnel,  equipment,  expendables,  and subcontractors for
 which it has  charged the government.   OSCs  should  note the
 strict  limitations under the EPA contract management
 policies for  delegating these  responsibilities  to  non-
 Federal  personnel  such as  TAT, or to State  officials not
 operating under  a  cooperative  agreement  (see Section 7.1).

 7.4.3     Cost documentation

      Cost documentation  refers to the specific set of
procedures that OSCs use to maintain a record of all on-site
activities and associated costs.  The method of cost
documentation should be consistent from day to day at a
specific response but may vary from site to site and Region
to Region.   The method an OSC selects must ensure thorough
record-keeping on the following six information items:

     •    Chronology of events and  decisions;

     •    Site conditions;

     •   Movement of personnel and equipment  (e.g.,  site
         entry and exit) ;

     •   Contractor planned and  authorized  work compared  to
         actual  accomplishments;

     •   Contractor costs  (e.g., commercial cleanup
         contracts) ; and
                         -21-

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           •    Other costs  (e.g., TAT, ERT, Regional laboratory
                services, direct Headquarters and Regional
                intramural obligations, site access/acquisition).

         .  The Removal Cost Management Manual provides applicable
      guidance on methods OSCs can use to determine each category
      of direct cost, and includes examples of the various types
      of documents OSCs can use to record information (e.g.
      POLREPs, entry/exit log, incident obligation log).

      7.4.4     Cost recovery

           Because of the possibility of a cost recovery action
      for any case involving the expenditure of LUST funds, OSCs
      have a responsibility to observe, document,  and preserve
      critical evidence relating to the response and its costs.
      The cost documentation efforts described above are designed
      to ensure that facts concerning the release and owners or
      operators are recorded before response activity or the
      passage of time obscures or eliminates the evidence;  that
      physical evidence essential for a trial is collected  and
      preserved in a manner that will withstand  judicial scrutiny;
      and that the government has maintained sufficient  evidence
      of actual costs and substantiation of  the  need to  incur
      those costs.

           The essential  elements of  a cost  recovery action are:

           •     Evidence  of  a  release or threat  of release  of
                petroleum from an UST;

           •     Evidence  that  the defendant(s) is owner  or
                operator  of the UST;

           •     Evidence  that  the corrective  action  taken was
                necessary to protect  human health and the
               environment; and

           •    Proof of  incurred costs.

7.5  Ceiling  Increases/Scope Modifications

     OSCs  should anticipate the need for ceiling increases or
scope changes as early in the corrective action as possible so
that the approval process does not interrupt the continuity of a
project.  The OSC should notify the appropriate ERD Regional
Coordinator of such changes prior to submitting a formal request
for approval; OSCs are encouraged to send a  draft of the
impending formal request to the ERD Regional Coordinator,  to
expedite concurrence and approval.

     7.5.1     Ceiling increases

          The initial action memorandum approving the corrective
     action establishes a project ceiling.   This ceiling


                               -22-

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 represents the total funding approved for the corrective
 action.  OSCs cannot incur costs in excess of the initial
 project ceiling unless a ceiling increase is approved.

   The request for a ceiling increase should contain the
 information shown in Appendix E.  The level of detail
 required will vary according to site-specific circumstances.
 In general, the request should include information on the
 current site conditions,  actions taken to date,  costs to
 date, and the reasons why the ceiling increase is required
 (e.g., changed site conditions or increased disposal costs).
 It is important to explain whether the increase  is 1)  to
 perform more work to mitigate the threat in the  original
 scope of work, or 2) to respond to an additional threat to
 human health,  welfare or the environment,  not previously
 documented, requiring additional corrective measures.   If
 the ceiling increase is needed to complete actions
 previously approved, the  request should  detail the reasons
 why additional funds are  required for those actions.   If the
 ceiling increase  is needed to address additional threats,
 the request should contain a new finding that the threats
 pose a major public health or environmental  emergency.
 Ceiling increase  requests must be submitted  to Headquarters
 under the  signature of  the RA and must include the
 information outlined in Appendix E.

      The RA should send the request  for  a  ceiling increase
 to  the the  AA, OSWER.   in order to ensure  an  expeditious,
 smooth processing  of the  request, a  final  copy should also
 be  sent to  the ERD Regional  Coordinator  who  is responsible
 for  coordinating the Headquarters concurrence  process.

 7.5.2     Change in  scope  - no  ceiling increase

     UST corrective  actions are approved by the AA, OSWER
with a  complete scope of work.  In order to expand this
scope  (e.g., to address an additional threat), a  formal
change  of scope request, specifying the additional
corrective actions to be performed, must be approved by the
official who approved the initial request.

     The request should include information on current site
conditions, actions taken to date, costs to date, and the
additional proposed corrective actions as well as the
additional threat.
                          -23-

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7.6  Acpess Agreements
     4

     Gaining access to sites, where response actions require the
use of adjoining property or property within the site boundaries
owned by parties who are not owners or operators of the UST, may
require obtaining access agreements or negotiating for rights-of-
way with the property owners.  Such agreements may be needed in
order to establish a new road, to allow for the use of a private
road,  or to establish a command post.

     7.6.1     Obtaining access

          Primary responsibility for arranging for site access
     rests with the State.   However,  the OSC is ultimately
     responsible for obtaining site access  agreements.   The OSC
     may need to work with  the State to ensure that arrangements
     are executed.   Typically,  the State will  approach  the
     property owner and the final  access agreement will be drawn
     up either between the  landowner and the State,  or  directly
     between the landowner  and the OSC  or the  response
     contractor.   Property  access  agreements must  cover the
    duration of the response action and any associated post-
    corrective action control  measures.  The  OSC  is  responsible
     for overseeing all site  access negotiations and  agreements,
    regardless of  whether  they are obtained through  Federal or
    State  channels.   If gaining access  voluntarily  is  a problem,
    the OSC should consult the Office of Regional Counsel.  The
    OSC should also consult  the Regional Counsel  to  obtain legal
    advice  on  gaining  access to property for  which the State has
    no  authority,  such as  rights-of-way  for public utilities
    railroads,  and Federal lands.

    7.6.2      Payments for property

         The Agency will not,  as a rule, pay property owners for
    rights-of-way  or easements  for property adjacent to the site
    or within  the  site boundaries.  Cases where payment becomes
    an issue in arranging for  site access should be referred to
    the Regional Counsel or the ERD Regional Coordinator for
    assistance.

         A written agreement signed by the OSC or EPA contractor
    with an owner/operator of an UST or a property owner who is
    not an owner/operator but whose property is contaminated or
    threatened cannot promise to compensate the owner for use  of
    the property, to indemnify the owner for potential  third
    party liability, or to  pay for damages.   Any written
    agreements offered by any property  owner must be reviewed  bv
    Regional Counsel.                                          J

         Generally, the OSC should attempt  to  restore the
    property, to the extent practicable,  to  its pre-response
    condition (e.g., regrading and reseeding a temporary site
    access  road).   The OSC  may recommend fair  payment to the
    owner as compensation,  or assess  the extent of any


                              -24-

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      contamination and arrange for disposal,  if necessary   In

            Wree   °    °r type °f
                                                     bcomes an
 7.7  worker and Visitor Health and Site Safety
                                      a
                               225 S K2
 workers involved in Federal  UST corrective  actions    Shere  ftate
     ^fetvXand'hla^h  lm .*" alS°  *Pply to  response actions   *
      apply .          h  re{Julrements of other Federal agencies may
 Federlir StfL^^  Fund-financed corrective actions, all
 federal,  state,  and  contractor personnel involved are reo

 5S?iS n1?  ^6  ^f a9ency's overall occupational Ufe
 health policies  and  with a site-specific safety plan   All
             re=P°nse activities associated with each specific
                   V sta^ard procedures will often have to be
as
                      response operations begin on the site  or
           P°sslbJe thereafter.   The plan must cover all phases
 oded or  ,2?5?t;°n8 and/de"tify key personnel and must be
updated or modified as needed or as conditions change.   As a
minimum requirement,  the safety  plan should address ?he
renewing:


     •    Establishment of the number of personnel permitted to
          enter the contamination zones.

     •    Establishment of entry and escape routes.

     •    Establishment of procedures to  identify,  locate,
          and  alert off-site  medical  personnel.

     •    Determination of physical,  chemical, and biological
          properties of known contaminants.

     •    Establishment of decontamination protocol.

     •    Establishment  of levels of protection.

     •    Establishment  of  air-monitoring protocol.

     •     Establishment of general safety rules and
          equipment.
                              -25-

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       • .   Scheduling of daily safety meetings.

       •    Posting of key agency  and  emergency contacts.

       OSCs  are  responsible for ensuring that workers  and  visitors
  are  informed of  on-site hazards  and  the provisions of  the  site
  health and safety plan.   The  OSC shall ensure that all
  individuals entering the site (e.g.,  EPA, TAT, contractors
  press)  have read the plan and understand its contents.

       Throughout  the  response  action,  the OSC may call upon OSHA
  to advise  on worker  health and safety issues.  When needed, the
  OSC may request  that the National Institute of Occupational
  Safety  and  Health  (NIOSH) provide assistance to OSHA in testing
  worker  protection  equipment and gathering information for
  guidance on safety issues.  The OSC must be cognizant of on-site
  health  and  safety activities  and is responsible for monitoring
  Federal and contractor compliance with EPA and site safety
  requirements and applicable Federal and State laws and
  regulations.  However, OSCs are directly responsible only  for
  their own staff; each government agency and private employer is
  responsible for the health and safety of its own employees and
  for ensuring compliance with OSHA requirements,  applicable State
 OSH laws,  and Agency health and safety programs.   The Agency will
 not assume responsibility for other government or contractor
 personnel.

      OSHA  has  authority for enforcing compliance  with Federal  OSH
 regulations.  Response actions are  subject  to  OSHA inspections
 Where State OSH laws exist,  State inspections  may take  place.   If
 the OSC discovers an infraction of  safety requirements,  the OSC
 must  remind all site personnel and  visitors  of the requirements.
 Should the  infraction continue, the OSC may  call  in OSHA  or State
 OSH inspectors  to review practices  to ensure compliance.

 7.8   Community  Relations and  Public Information

      Community  relations is a  communication network between
 response officials  and the community.  The objectives of
 community relations are:   to  identify community concerns  about
 the site; to encourage citizens to  express concerns and provide
 information; to provide information to the community on health
 and environmental effects of the  release and proposed response
 action;  and  to  incorporate citizen comments and concerns
 (including  those  of the  owners  or operators) into the decision-
 making process.

     Community relations  activities will be important at Federal-
 lead UST corrective action sites because a major public health or
 environmental emergency exists.  However,  the time and extent of
 Federal  involvement may not warrant complex community relations
plans.  The EPA's Community Relations Policy (May 1983)  and
Community Relations in Superfund;   A Handbook (March 1986) can be
used as applicable guidance for developing and implementing
community relations activities.  Although no specific  activities are


                               -26-

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 currently required at Federal-lead UST  corrective  actions,  a
 community relations profile  should be prepared  for any  action
 that  lasts longer than five  days.  The  profile  should provide
 notice  to owners/operators that  the  record  is available for
 review.   The  profile explains  how program and community relations
 staff intend  to  plan for  and implement  community relations
 activities at the site.   It  should contain  a brief outline  of the
 nature  of community concerns,  the key site  issues,  the  objectives
 of  community  relations activities, and  the  communications
 activities considered for the  site.

      Some petroleum releases may require short-term corrective
 action  lasting no longer  than  a  few  days.   These kinds  of actions
 may not  involve  substantial  community relations planning because
 of  the nature of the emergency and the  quick response time
 required.   At these sites, the focus of community  relations is to
 provide  information about the  site and  its  risks to the
 community;  information can be  channelled through the media  and
 local officials.

 7.9  Record-Keeping Requirements

     OSCs  must ensure  that they document and record all decisions
 and determinations  they make prior to and during responses.
 OSCs must  also include in the  files any significant comments
 received  from the owners/operators and their response to these
 comments.   Structured  site and Regional files are the sole
 repositories  for  site  records.   Care must be taken  to ensure
 their completeness  and long-term security.   Both site management
 and financial management records are critical when  cost recovery
 is involved.  Complete and precise OSC records of oral and
written communication with owners and operators, contractors,  and
participating Federal, State, and local agencies must be
maintained should litigation arise at some  later time.

     7.9.1     Pre-response records

          Prior to the initiation of an UST response (when time
     allows),  the OSC must maintain documentation regarding
     decisions and determinations relating  to issues such as:

          •    The appropriateness of a Federal-lead UST
               corrective action;

          •    Contact with,  and  comments received  from, the
               owner or operator;

          •    Contact with,  and  comments received  from, the State;

          •    Planning response  actions;

          •    Developing  contractual arrangements; and

          •    Complying with relevant environmental statutes.
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      7.9.2      UST response records

          During the course of a  LUST Trust  Fund-financed
      corrective action,  the OSC is  responsible  for  generating and
      maintaining site-specific documents such as  action memoranda
      and  daily  and periodic cost  control reports.   It  is critical
      that the OSC maintain  a log  of on-site  activities and  record
      all  communications  with the  contractor, the  owners or
      operators,  and participating Federal, State, and  local
      agencies.   The Removal Cost  Management  Manual  outlines the
      OSC's cost control  record-keeping responsibilities.  The
      ERGS Contract Users7 Manual  and the TAT Contract  User's
      Manual prescribe guidance for  contractor-related  record-
      keeping.   Any cost  control record-keeping requirements in
      conjunction with Federal,  State, and local agencies may  be
      prescribed as necessary.

7.10  Reporting  Requirements

      The  OSC is  responsible  for documenting  and reporting all
response  activities taken at a site.  Reporting requirements
include preparing  and submitting to ERD a series of POLREPs and a
final UST response report.  POLREPs consist  of initial, progress,
and final reports.  This section provides guidance on when the
various reports  should be submitted and the  types of information
each report should contain.   All site information developed by
the OSC must be made available to the Regional UST Coordinator,
who will coordinate with the State to ensure that an effective,
final resolution to a release will be accomplished by the State.

     7.10.1     Pollution reports (POLREPs)

          POLREPs provide factual  operational data surrounding
     the incident and a current accounting  of the total funds
     allocated in an incident.  POLREPs  should also detail
     measures to ensure that the affected community is  properly
     and fully informed of all response  activities.   The  Regions
     should  bear in mind that POLREPs  are a method of alerting
     Headquarters that critical events may  be pending and that
     requests/action are about to  be initiated.   However, all
     requests for Headquarters decisions  must be formally
     submitted in accordance with  Section 4.0 of this guidance.
     To properly assist Headquarters management,  routine  POLREPs
     are sent to ERD at (202)  755-2155  (Telefax),  710-822-9269
     (TWX),  or EPA 5511  (E-Mail).

          7.10.1.1  Initial  POLREP

              The OSC should prepare and send to  Headquarters
          and  the Regional UST Coordinator an initial POLREP for
          each new Federal-lead UST  corrective action.  This
          report should  give the start date,  describe the
          incident (including the  outcome of  any site
          evaluation), give  the status of actions  (including
          enforcement),  and  describe future plans.


                               -28-

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           7.10.1.2   Progress  reports

                Routine progress  reports  should  be submitted to
           ERD and the  Regional UST  Coordinator  a  minimum of once
           a  week and daily, where practicable,  when events  are
           rapidly occurring.  Progress POLREPs  should  identify
           the following:

                a)    Situation — present status of ongoing
                     response  activities;

                b)    Actions Taken — activities undertaken  since
                     the last  POLREP;

                c)    Future Plans — planned actions by the  OSC;

                d)    Project Costs — estimated  funds obligated
                     thus far, including  a breakdown of the  cost
                     categories as noted  in the  following  example:

Extramural                    Current Ceiling    Obligations  To  Date

  Cleanup contractors            $20,000              $10,000
  TAT                             5,000                2,000
  15% Contingency                 3,750                   N/A

Intramural (both HQ  and Region)

  Direct                          3,000                1,500
  Indirect (estimate based on     6,000                3,000
            provisional rates)

TOTAL PROJECT CEILING           $37,750              $16,500

               e)    Any other pertinent information such  as
                    status of efforts to obtain cleanup by
                    responsible  parties.

               Also, POLREPs should be provided to ERD and the
          Regional  UST Coordinator on all major unanticipated
          developments of interest at approved corrective actions
          (e.g., fires, explosions,  and all accidents even if no
          damage or injury has been caused)  not included in other
          progress  reports.   In  addition to reporting accidents
          to  ERD via POLREPs,  a  corrective action  accident report
          (see Appendix F)  should also be completed and submitted
          to  ERD.   This form was  developed to  provide more
          detailed  documentation  of  circumstances  surrounding
          accidents  during the course  of  response  actions.  The
          information it contains is vital  should  litigation occur.
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            7.10.1.3   Final POLREP

                 When a  Federal-lead  UST  corrective action has been
            completed, a final  POLREP (e.g.,  POLREP #15  and FINAL)
            should  be submitted that  describes  the  final  actions
            taken at  the release,  results achieved,  detailed final
            costs and date  of completion, the demobilization date,
            and  future actions  planned and who  will  perform them.

      7.10.2     Final UST  reports

            Within  60 days  after the  conclusion of a Federal-lead
      S™ co«ective action, the OSC should prepare and submit to
      5?  ? »JJ    UST report.  It is necessary that ERD have these
      final UST  reports on hand to respond to inquiries from the
      public, Congress,  the Office of the Inspector General, and
      the General Accounting Office.

           The final UST response report is a complete report on
      the response operation and the  action taken,   it should
      include a summary of events, an analysis of the
      effectiveness of corrective actions,  a list of problems
      affecting the response,  if applicable, and OSC
      recommendations.  The completion date is the  date on which
      any wastes are shipped for ultimate disposal  or the site is
      demobilized,  whichever is later.   Temporary demobilization
      and temporary on-site storage are  not considered completions
      unless they are the final actions  approved (i.e.,  off-site
      disposal is not approved).

 7.11  Post-Corrective Action Site  Control

      The  State  or  local government must  assume responsibility for
 operations  and  maintenance performance and  costs after  the system
 is  proven to  be operational.   Examples of operations  and
 maintenance at  a corrective action include  running  pumps  or
 operating a ventilation system.

      If the State  recommends response options  involving
 operations  and  maintenance in  the oral request  (see Appendix B)
 or  State request letter (see Appendix C), the State must  explain
 how it intends  to  assume resource and financial  responsibility
 for these options.  Some States may have cooperative agreements
 that provide  for operations and maintenance; the Regional UST
 Coordinator should be contacted for this information, as detailed
 in  Section  4.4.
     Some situations may require operations and maintenance as
part of all response options.   If no  owner  or operator agrees to
assume responsibility, the state must take  over these actions
under an UST cooperative agreement.
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                     APPENDIX A:  Delegations
                  SOLID WASTE DISPOSAL ACT (SWna)

 8~33-  Selection and Performance of Federal Corrective
                at Leaking Underground Storage
 1.   AUTHORITY.   Pursuant to Subtitle I of the Solid Waste
 Disposal Act (SWDA) ,  to determine the necessity of and to select
 Federal corrective actions at leaking underground storage tanks
 containing petroleum,  to enter property and to perform such
 corrective actions.

 2.   TO  WHOM DELEGATED.   Assistant Administrator for Solid Waste
 and  Emergency Response  and Regional  Administrators.

 3.   LIMITATIONS .

     a.   Regional Administrators or their delegatees  may exercise
 this authority only for requests  for obligations  not exceeding
 550,000,  and must  comply with Federal-lead  UST corrective action
 guidance issued by the  Assistant  Administrator for  Solid Waste
 and  Emergency Response  (AA/OSWER) .

     b.   If  this authority is  redelegated, the  Director,  Office  of
 Emergency and Remedial  Response,  must  obtain the  advance
 concurrence of the Director,  Office  of Underground Storage  Tanks.

 4.   REDELEGATION AUTHORITY.

     a.   This authority may be redelegated by the Assistant
Administrator for  Solid Waste and Emergency Response to  the
Director, Office of Emergency and Remedial Response.

    b.  Regional Administrators may redelegate this authority to
Division Directors, who may then redelegate to On-Scene
Coordinators.

5.  ADDITIONAL REFERENCES.

    a.   Superfund Removal directives.

    b.   Section  9005 (a)  of SWDA.

    c.   Section  9003 (h)  of SWDA.

    d.   UST corrective action procedures.
                              A-l

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           APPENDIX B:  oral Request Information outline

 1.   State official requesting assistance  (should be authorized
      by Director of state UST agency designated by Governor"
 2.   Is the release from a leaking underground storage tank?
      (see Section 1.4 of this guidance for definition)
 3.   Is the released substance petroleum?
      (see Section 1.4 of this guidance for definition)
 4.   Location of release.
 5.   Time and date of release.
 6.   Name,  description,  and general condition of  facility.
 7.   Is the  release  a  long-term  or chronic problem?
 8'   2£e?-S"d amounts of  Petroleum substances involved,  and
      quantities released to environment.
 9.    Major public health or environmental  emergency conditions
      (see Sections 1.4 and  2.2 of  this guidance for detail)
 10.   Number and proximity of persons potentially affected.
     r™n    •          hUman health or the environment if
     response  is delayed or denied.
12.  Ongoing efforts to respond to release.
13 '  ^ate/local/owner-operator ability and willingness to
             5esponsf '  Wlth specific reasons for inability to
14.  Specific enforcement actions undertaken by the State.
15 '                        t0 mitigate or stabilize emergency
                              B-l

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             APPENDIX C:  state Request Letter Format


      Federal-lead UST corrective action will not be initiated
 unless specifically requested by the appropriate State via the
 State UST Coordinator.  A letter requesting Federal-lead
 corrective action should be signed by the Director of the State
 UST agency designated by the Governor and addressed to the
 Regional OHM Coordinator,  or other designated Regional management
 official.

      Below is a recommended format for the State to follow in
 preparing an UST corrective action request letter.   While use of
 this model format is not mandatory,  the letter should address all
 of the topics presented in the model in order to demonstrate  that
 the incident meets the Federal-lead UST response criteria
 (particularly that it poses a major public health or
 environmental emergency and that neither the State,  nor the owner
 or operator can provide'adequate response)  and that all actions
 in the scope of work are consistent with SWDA.   Because this
 letter will provide much of the source material  to  be used by the
 Region in  preparing an action memorandum (see Appendix D),
 adherence  to this format is strongly encouraged.

 I.    HEADING

      DATE:         [Month/Day/Year]

      SUBJECT:      Request  for Federal-lead  UST Corrective  Action
                   [Site, City,  State]
                   STATE  REQUEST LETTER

      FROM:         [Director of  Designated State  UST Agency]

      TO:           [Regional  OHM Coordinator]

 II.   BACKGROUND

      The background section  should contain  information  on the
 location of  the site, the nature of the incident  (including the
history of the site, general  character of the site, and issues
relevant to  petroleum management), quantity and types of
petroleum substances present, State and local authorities' role,
the cleanup  time frame, and actions to date, including previous
and current  actions to abate the threat.

A.   Location Description

     1.   Describe the site's physical location.

          Give distances from nearest populations and points of
     reference, as appropriate.  Also state the population size.
     For example, "A school is within 1/4 of a mile and there  are
     1,000 residences within a mile of the site; the area is
     mainly suburban residential with some industrial areas."


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           Describe  the  areas  adjacent  to the  incidents  or  site  in
      terms of  nearby vulnerable or sensitive  populations
      habitats,  and  natural resources.  For example,  "The site is
      adjacent  to wetlands and a tributary to  the river  flows
      nearby.   The area's primary drinking water aquifer underlies
      the site."

           Describe  any  areas protected by statute, such as parks,
      historic  sites, and sensitive ecosystems.  This may include
      areas  such as  the  New Jersey Pinelands, wetlands areas, or
      wild  and  scenic rivers.

      2.   Provide supporting documentation.

          Providing pictures,  diagrams, maps,  and/or sketches is
     encouraged.  They may be included as attachments or
     incorporated into the text.   This documentation may help to
     substantiate the threat at the site.

B-   Site and Incident Characteristics

     1.   Discuss the history  of  the  incident  or situation  that
     poses the major public  health  or environmental emergency.

          Describe  the  type  of incident that has occurred  (e.g
     a classic release)  and  why it  occurred.   For example   "A
     corroded storage  tank failed during  refilling."   Be sure to
     list  all of the site's  key problem areas  (e.g.,  tanks
     associated pipe lines,  free product  on ground  water, or
     contaminated soils).

          Describe the exact location of the incident at the
     site.   For example,  "The  release occurred at a corroded  tank
     in the south corner of the site."  Include  the time and  date
     (if known)  of the incident.  State whether  the release  is
     new, ]ust  recently  discovered, or  a chronic problem that has
     deteriorated.   Also describe when and how  the incident was
     discovered; for example,  "The town fire marshal  received
     complaints  from residents of strong gasoline fumes  in their
     basements."

     2.   Discuss the general character of the site; show that it
     meets the definition of "underground storage tank"  (see
     Section  1.4 of  this guidance).

         Describe the current use of the site (e.g.,  active
     facility, vacant lot, recreational area).   Describe the
    previous nature and type of the facility,  as well as the
    activities historically  undertaken at the  site; for example
    a tank farm used for storing  aviation fuels, or an oil      '
    refinery with numerous underground tanks and pipelines
    State the site  characteristics  that qualify  it as an
    "underground storage tank" site.
                              C-2

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          Include any pertinent information on the site owners or
      operators,  past and present.   This information should
      reflect whether the current or previous owners or operators
      contributed to the conditions on the site.

      3.    Present all findings on  the extent of  the release to
      date.

           First,  note all  pathways of release (e.g.,  surface
      water,  ground water,  air  emissions/vapors,  soil).   Then
      indicate whether the  release  is confined to the  site  or has
      migrated off the site.  Where possible,  present  the results
      of  any  on-site or off-site  monitoring.   With respect  to
      drinking water contamination,  note the  number of municipal
      or  private wells contaminated or threatened.

      4.    Discuss the relevant issues relating to current
      petroleum management  practices.

          Describe  any  existing  structures, measures, or
      conditions that  would either  mitigate or accelerate the
      release  of any materials on site  (e.g., an unstable dike,
      a temporary  containment system,  adverse weather  conditions,
      site security, fencing, condition of containers  and similar
      situations).  State whether the  release is widespread and/or
      is migrating rapidly.

          Indicate the extent to which the petroleum wastes can
     be treated or are amenable to alternatives to land disposal.
     State whether the site is to be stabilized or cleaned UD  if
     known.                                                   '

c-   Quantity and Types of Petroleum Substances Presgnt

     1.    List all petroleum substances known to  be on site at the
     time of the approval request.

          Describe briefly the  results of the sampling (e.g.,
      most affected residences  exceed the lower explosive limit
     for  gasoline vapors in their basements")  and give estimates
     of quantities of the classes of petroleum substances if they
     are  available (for example,  "four inches of  diesel  fuel was
     found floating on the  underlying ground  water").

     2.    Describe the sampling methodology.

          Briefly  describe  the  sampling methodology as well as
     methods  for maintaining consistency,  reliability, and
     quality  control.   Mention  who  performed  the  data  collection
     and  the  lab analysis (e.g.,  EPA,  contractor,  local health
     authorities).
                              C-3

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 D.   State Role

           Discuss the State request for Federal-lead UST
      response.

           List  and describe the reasons why the State cannot
      provide adequate response to mitigate the major public
      health or  environmental emergency posed by this UST
      petroleum  release.   Be detailed;  indicate whether the State
      cannot respond due  to a lack of authority,  expertise,  or
      resources.   Estimate the resources required for response and
      specify which resources the State lacks,  and why.   Discuss
      why a site-specific cooperative agreement under the LUST
      Trust Fund  would be an inappropriate  response mechanism for
      this site  or incident.

 E.    Actions to  Date

      1.    Discuss any previous actions to  abate  the threat.

           Describe any Federal,  State,  local,  owner or  operator,
      or  privately sponsored  activities that  have been performed.
      Give the dates,  costs,  and effectiveness  of such actions.
      Actions to  abate the  threat may include issuance of an
      advisory from the locality advising residents  not  to drink
      their water,  or the provision  of  bottled  water.

      2.    Discuss any current  actions  to abate the  threat.

           Any Federal, State,  local, owner or  operator,  or
      privately-sponsored activities  that are currently  being
      conducted should be described.  This information should
      include  estimated costs and  completion  dates of  these
      activities.

III.  MAJOR  PUBLIC HEALTH OR ENVIRONMENTAL EMERGENCY

      Strict criteria  must be met  to  justify Federal response to a
petroleum  release  from an underground storage tank.  These
criteria require that  neither the State nor the owner or operator
be able to provide adequate response.  In addition, the release
must pose a major public health or environmental emergency, as
indicated by:

     o    An  immediate and substantial  threat of direct human,
          animal, or  food chain exposure to petroleum; or

     o    An  immediate threat of fire and/or explosion;  or

     o    An immediate and substantial  threat to public drinking
          water  supplies; or

     o    An immediate threat to human  health or substantial
          amounts of property,  or an immediate and substantial
          threat' to natural resources.
                               C-4

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 h«« *H    5    should ensure that their request letter discusses
 how the release meets these criteria.  Sections A and B below
 innT,^e' I?"; sPecific examples of the types of material to
 emergency    demonstrate a ma^or Pu*>lic health or environmental
A-   Threats to Public Health and WPI

          Describe the threats to public health and welfare.

          List all of the threats,  starting with the most
     serious,  that adversely affect human health or welfare
     (e.g   drinking water contamination, fire/explosion).
     Identify  any human exposure that already has occurred,  the
        d °eXSe (e'g"  inhalati°n,  ingestion,  dermal
      ™«     ,u       "            ,           ,   erma
      contact)  and the  exposure  pathway  (e.g.,  water  supply,
      indoor air pollution) .   Describe any  reports  of illness
      injury, or death  that appear  to be linked to  the exposure
      Be as  specific as possible about the  number of  individuals
      exposed,  the proximity of  sensitive populations (e.g.,
      hospitals,  schools), the geographic area  affected,  and
      Jfli;?5Gr exgosure  was acute or chronic.  Also, describe any
      anticipated  exposure and whether it is imminent,  especially
      with regard  to public drinking water  supplies.

          Compare  the  amounts or concentrations of substances
      shown to background levels or health  standards  as
      appropriate.  If  a health  advisory is given, or  if  an
      exposure assessment has been performed, include  it  as an
      attachment to the letter, and reference it in the
     discussion.

B-   Threats to the Environment-

          Describe threats to the environment.

     4-u ,.  L^St  a11 the tnreats,  starting with  the most serious
     that  adversely affect the environment  (e.g.,  damage to
     sensitive  ecosystem,  animals,  ground water).   Identify any
     natural resource  or  environmental damage  that  already  has
     occurred and the  extent  of  exposure  (e.g., acute or
     chronic) .   Indicate  whether there have been reports of
     deaths  of  flora or fauna  (e.g.,  fish kills).   If so, state
     how much environmental damage  has occurred (e.g., 20,000
     acres of wetland contaminated, one million fish  killed) .

         Discuss all actual and potential  impacts  on the
     a5ff?ted.area-  Describe  any anticipated exposure and
     whether  it  is imminent.   Indicate whether  the  release
     threatens  endangered species,  critical wetlands,  or  other
     resources protected under law.
                              C-5

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 IV.   ENFORCEMENT

      The purpose of this section is to meet the statutory
 requirement that priority be given to cases where the owner or
 operator is unable or unwilling to undertake necessary action.
 This information should be referenced here as "see attachment"
 and  placed on a separate page entitled "Enforcement Sensitive "
 This section includes information on the enforcement strategy
 (summarized), the status of notice letters and/or negotiations,
 the  available enforcement authority,  owners or operators
 previous enforcement actions,  the probability of recovering
 costs,  and the recommended enforcement strategy.   This section
 also should contain information on the potential for a non-
 Federal response.   This information is required before Federal
 corrective action is started,  unless  the release meets the
 conditions in Section 4.1.1.

 A.    Enforcement Strategy

      1.    Briefly  summarize the enforcement  strategy.

           Summarize  the  enforcement strategy  for  notifying,
      negotiating with,  and litigating  against  owners  or
      operators.  Indicate whether  the  State or Federal
      enforcement attorneys are  actively pursuing  informal
      negotiations, are actively pursuing  litigation,  or have
      decided  to  postpone or not pursue litigation.  For example,
      "no enforcement  actions currently underway," or  "the owner
      or operator has  agreed to  conduct a  cleanup."  Describe what
      actions  are planned  (e.g., negotiations or administrative
      orders).

      2.   Briefly summarize the enforcement actions.

          Indicate if litigation is proceeding or is
     contemplated.  Cite under what statutory authority the
     action will be or is being taken  (e.g., SWDA Section
     9003(h)).

B.    Status of Enforcement Actions

     1.    Owners or operators

          Note the names of owners or operators.  Indicate
     whether the owner or operator has taken action; if so,
     describe the action and explain why it was inadequate.

          Describe any efforts being undertaken to obtain
     additional owner/operator response.   Describe the attempts
     that have been made to locate owners or operators (e.g.,
     oral inquiries both on and off site).  Include whether  the
     owner or operator has been notified  (e.g., contacted  in
     person or by telephone, written follow-up).
                              C-6

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           Give the dates that notice letters were sent and a
      summary of the responses of the recipients (e.g., the owner
      agreed to clean up the site, or denied involvement at the
      site).  If negotiations are underway, describe the
      activities under discussion.

      2.   Provide information on the status of notice letters
      and/or negotiations.

           Describe any previous State or Federal enforcement
      actions taken to date.  These actions may include notice
      letters or demand letters.

      3.   State the probability of recovering costs.

           Estimate the solvency of the owner or operator.
      Evaluate the ability to obtain the necessary  actions  in a
      timely fashion through litigation.  This should  be included
      if it explains why actions are being requested of EPA when
      owners and operators are financially able to  undertake these
      actions.

 V.    EXPECTED CHANGE IN THE SITUATION SHOULD NO ACTION BE  TAKEN
      OR SHOULD ACTION BE DELAYED

      Describe any expected  changes  in the situation should no
 action  be  taken or should action be delayed.   Include  a
 description  of the worst case  that  could  possibly  occur should no
 action  be  taken.   These changes  may include:

      o     Spread  of  contamination.   For example, the ground  water
           contaminant  plume may  spread  through  a larger area.

      o     Change  in  nature  of  contamination.   For  example,
           gasoline vapors may  seep  into structures, producing  the
           added threat  of fire/explosion.

      o     Increased  threat  to human health and  the environment  if
           action  is delayed  or denied.  For example, the
           contaminant plume  may  soon reach drinking water wells.

      o     Impact on  future  response actions if  action is delayed
           or denied.  For example, the  tanks will deteriorate
           further, leaking additional petroleum into the ground.

VI.   IMPORTANT POLICY ISSUES (only as necessary and applicable)

      Include a separate section on important policy issues that
are significant to this request.  These issues may include:

     o    Cost sharing  (State cost sharing is applicable after
          regulations promulgated under SWDA Section 9003(c)
          become effective).
                               C-7

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      o     The  division  of  responsibilities among  Federal  and/or
           State  agencies.
      t
      o     Owners and operators.

      o     Off-site disposal availability.

      o     Special coordination and similar issues.

      o     Concurrent CERCLA action or the presence of hazardous
           materials on  site.

      o     Contiguous sites (if multiple locations are recommended
           for consideration as one site, give justification for
           such consideration).

      Issues should be fully explained, including a discussion on
the efforts being made to resolve the issue and/or decisions that
must be made before a resolution is reached.

VII. STATE REQUEST FOR EPA ACTION

     The State should specify the corrective actions it is
requesting that EPA perform.   These might include

     o    Recovery of free material;

     o    Temporary water supply; or

     o    Temporary relocation of residents.
                              C-8

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               APPENDIX D:  Action Memorandum Format

        t

      The Region should prepare an action memorandum based on the
 State letter requesting Federal-lead UST corrective action (see
 Appendix C).  The action memorandum should address all of the
 topics outlined in Appendix c. along with the additional items
 presented below.   If the State request letter adequately follows
 the format suggested in Appendix C,  then the Region's action
 memorandum may simply consist of the following sections with a
 copy of the state letter referenced and attached.   If the State
 letter is deficient, the Region must ensure that the action
 memorandum addresses and corrects all of the deficiencies,
 including all of  the information requested in Appendix C and in
 the additional sections described below.   In any case,  a copy of
 the State request letter should always be attached to the action
 memorandum for reference.

 I.    HEADING

      DATE:      [Month/Day/Year]

      SUBJECT:   Request  for  Federal-Lead UST Corrective  Action
                [Site, City, State]
                ACTION MEMORANDUM

      FROM:      [Regional Administrator]

      TO:        [see  Appendix A]

 II.   PROPOSED  ACTIONS AND COSTS

      OSCs should consider cost as one of many  factors when
proposing UST  corrective actions.  However, there are no
statutory or regulatory requirements for cost-effectiveness.  The
purpose of this section is to provide guidelines for presenting
information on proposed and alternative actions, estimated costs
and the project schedule.

A.    Proposed Actions

     1.   Describe the proposed actions.

          Describe the specific tasks involved and the results
     sought by the corrective actions as they pertain to the
     threat(s) discussed in Appendix C.  For example, "The
     primary objective of the proposed action is the mitigation
     of the threat to public health by provision of alternate
     potable water supplies to the affected homes."

          Indicate whether any further information is needed
     before all response actions can be identified (e.g.,
                               D-l

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      sampling to address ground water or drinking water
      contamination).

           State why the proposed actions are appropriate for this
      situation and explain the rationale for choosing the
      proposed option.  Describe the technical feasibility and
      probable effectiveness of the proposed action.  Address
      response time requirements, intermedia relationships,
      temporary versus long-term solutions,  institutional
      considerations,  and environmental impacts.

           Describe the procedures to be undertaken in the
      proposed actions.  For example, "Corrective action will
      include ventilation of affected structures  and provision of
      bottled water to impacted residents."   Describe any
      impediments to the proposed action (e.g., lack of public
      acceptance or problems with access).

      2.    Describe the project schedule.

           Give the time frame  needed to stabilize or clean  up the
      site and include how quickly response  can begin.   Give the
      estimated period of performance.    Indicate whether post-
      corrective action site control  (operation and maintenance)  will
      be  required,  and how the  State  intends to perform it.

      3.    State the estimated  costs.

           Estimate  the total project ceiling with an itemized
      breakout of the  following cost  categories that  comprise  that
      ceiling:   extramural  costs,  which  include cleanup contractor
      costs,  TAT  costs,  and  a 15%  contingency allowance;  and EPA
      intramural  costs,  both direct and  indirect.   For  example:

Extramural                                     Estimated  cost*

  Cleanup  contractors                              $20  000
  TAT                                                5,000
  15% Contingency                                    3  750

Intramural (both HQ and Region)

  Di5ect                                             3/000
  indirect (estimate based on provisional rates)      6,000

TOTAL PROJECT CEILING                              $37,750

          If LUST Trust Fund monies have been obligated for past
     actions, then indicate the obligations   (in both Procurement
     Requests and Delivery Orders).
                               D-2

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  B-    Alternative Action*



       th   ^f6?1^ describe the alternative actions,


       corrective action plan.



            Describe^what other actions were considered
             '""  ~-—   ^    •   water
                                              1
      long-term  solutions,  institutional  considerations
      environmental  impacts, and  estimated  costsol  each  option
      State any  impediments to the options  (e.g.,          ptl°n'
 III. RECOMMENDATION
The purpose of this section is to briefly oreseni- tho








                                       "
 project costs are $37,750 of which $20,060 a"

 cleanup contractor costs.  This site neets Ihl «itria  or a
                                                       an  no
Approve:    _ [Name  and  Tii-io] __   Date;


Disapprove: -- FName  and  Ti^0] _   Date,



Concur:     . - FName  and
                                                      Datfi.
Attachment[s]
                               D-3

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           APPENDIX E:  Ceiling Increase Request Format

        4
      The following action memorandum format is recommended for
 requesting approval for ceiling increases.  The purpose of this
 format is to provide the OSC with a blueprint that can be easily
 followed when substantiating the need for exceeding the current
 ceiling on Federal-lead UST corrective action costs.


 I.   HEADING

      DATE:           [Month/Day/Year]

      SUBJECT:       Request for a Ceiling Increase
                     [Site,  City,  State]
                     ACTION MEMORANDUM

      FROM:           [Regional Administrator]

      TO:             [see Appendix A]

 II.   ISSUE

      Briefly  explain  why the ceiling increase  is  being requested.
 Indicate  what the new project ceiling will be  if  the ceiling
 increase  is approved.   For  example,  "A ceiling increase of
 $16,000 for a new total of  $54,550 is being requested to continue
 a  Federal-lead UST corrective action at  this site."

 III.  BACKGROUND

      The  primary  purpose  of  this  section  is to identify the key
 characteristics of the  release  in  order  to lay the foundation  for
 demonstrating that a major public  health  or environmental
 emergency exists.   These  characteristics  include  site  location
 and pre-release use, the  type of release,  and  its scope.   In
 compiling this information,  the OSC  should consider  the
 availability  of pictures, diagrams,  maps,  and/or  sketches  that
 may assist in describing  the site.

 A.    Incident/Response  History

      Discuss the background/history  of the site, including the
 following:  current conditions at the site; who initiated actions
 and when;  the date Federal-lead UST  corrective actions were
 approved and by whom; approved actions; and actions taken to date
 (e.g., ventilation of structures,  provision of bottled water).

 B.    Site Conditions

     Briefly describe the site conditions and the reasons for  a
ceiling increase request.  State whether the additional funds  are
needed due to increased costs for previously approved actions,  or
to expand  the scope of work beyond that approved in the original


                               E-l

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 action memorandum.  If the ceiling increase is needed to complete
 previously approved actions, explain the need for additional
 funding-  (e.g., disposal costs higher than anticipated).  If the
 ceiling  increase is needed to expand the scope of work, discuss
 how the  site conditions meet the criterion of presenting a major
 public health or environmental emergency; also explain why
 neither  the owner nor operator is able to conduct the corrective
 action.  Include a description of a worst-case scenario should
 the ceiling increase not be granted.

      Discuss the present status of the UST corrective action
 (e.g., gasoline release contained and soil awaiting excavation).

      Include any information that may help substantiate the need
 for a ceiling increase.   Attach any enforcement status
 information,  ATSDR health advice memoranda,  and other pertinent
 information such as pictures,  drawings,  and other materials to
 the back of this action memorandum.
                        p»

 IV.  PROPOSED ACTIONS

      Describe the proposed actions to be undertaken if a ceiling
 increase is approved.   Briefly describe  the  actions that are
 required to complete the response;  for example,  "Bottled water
 will be provided until  water main hookups are  completed."
 Indicate the  objective  of the  proposed actions or the threats
 these actions are to abate,  minimize,  or limit.

 V.    SUMMARY  OF  COSTS

      Provide  a summary of costs,  including a breakdown of costs
 for both  the  current ceiling and  the  proposed  ceiling.   Detail
 the estimated total  project  ceiling with an  itemized  breakdown  of
 the following cost categories  that comprise the ceiling:
 extramural  costs,  including cleanup contractor costs,  TAT costs
 and a  15% contingency allowance;  and  EPA intramural costs,  both'
 direct  and  indirect.  For  example, the total project  ceiling
 should  be broken  down as  follows:


 Extramural                   Current Ceiling   Proposed Ceiling

  Cleanup contractors              $20,000            $30,000
  TAT                                5,000             7,000
  15% Contingency                    3,750             5,550

 Intramural  (both HQ and Region)

  Direct                             3,000             4,000
  Indirect  (estimate based on        6,000             8,000
            provisional rates)

TOTAL PROJECT CEILING              $37,750           $54,550
                               E-2

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VI.  RECOMMENDATION

     The purpose  of  this  section  is to briefly present  the
Region's recommendations,  rationale, and the project costs.   For
example, "To eliminate the major  health emergency posed to the
nearby public and the environment consistent with the Federal-
lead UST response criteria, I recommend you approve this $16,800
ceiling increase  request."  Briefly summarize what the  additional
funds will be used for.   Briefly  state how the approval would
increase the current total project ceiling.  For example, "Your
approval would raise the  extramural cleanup contractor  ceiling to
$30,000 and bring the total project ceiling from $37,750 to
$54,550.  You may indicate your approval or disapproval  by
signing below."
Approve:    	[Name and Title]	   Date;

Disapprove: 	[Name and Title]	   Date;

Concur:     	rName and Title]	   Date;
Attachment[s]
                              E-3

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          APPENDIX F:  Federal-Lead UST Corrective Action
                       Accident Report Format
 1.   Date and Time of Incident:

 2.   Site Name and Location:

 3.   OSC:

 4.   Description of Incident:
                                             Date  of  Report:

                                             Prepared By:

                                             Preparer's  Phone
 5.    Factors Leading Up to Incident:
 6.    Site Work Related to Incident (OSC Orders.  TAT Oversight
      Foreman's nr•Ho•rc^ •                                    '  '
Foreman's Orders):
 7.    Weather Conditions During Incident (Temperature,  Humidity
      Wind  Direction and Speed,  Precipitation):
 8a.   Injuries  (Person,  Role  of  Person  On  Site,  Description of
      Injury):
8b.  Exposure  (Person Exposed, Substances  Involved, Type  of
     Exposure  - Inhalation, Ingestion, Dermal):
8c.  Medical Treatment  (Paramedic, Physician, Hospital, Length of
     Stay, Estimated Cost):
9.   Property Damage (Owner, Location, Description of Damages
     Estimated Cost):
lOa.  other Persons On Site:
                                 lOb. Other Person's Roles/
                                      Activities On Site on
                                      Day of Incident:
                               F-l

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      APPENDIX G:  Delivery order Preparation and Processing



 * ^  Tf fctivate the ERCS contractor and initiate cleanup at a
 Federal-lead UST corrective action, a Delivery Order (SSf mus? be
 prepared and issued.  All DOs will be issued by Ordering Officer!
 (e.g.,  Regional Deputy Project Officers (DPOs) ,  Headquarters
 Contracting Officers (COs) , or EPA On-Scene Coordinators roses) •
 new warrants are being issued enabling OSCs to order services at
 UST cleanups)  for individual corrective actions.   These DOs win
                                      "* Processi^ —crib..
      o    Oral  Delivery Orders;
      o    Delivery Order completion  and processing;  and
      o    Delivery Order modifications.
 h  ™c       defcribed  in tnis appendix are applicable  to  both
the ERCS  zone contracts and the separate ERCS Regional contracts.

A.   Oral Delivery Ordgys

     As indicated, DOs can be issued orally to the ERCS
n™?f*J™'  T5iS flexibility is designed to enhance response
capabilities under the ERCS contract network.  However, any  oral
order must be confirmed by a written DO within 48 hours.

     When the ERCS contractor is contacted by telephone for
purposes of orally issuing a DO,  the Ordering Officer should
notiJ ^    Y C0mplete a Delive*Y Order form (see Exhibit G-l)


     o    Date and time of the order (all references to time
          specified in the DO should reflect the local time of
          the location where services are to be provided) ;

     o    Contractor representative contacted (should be a person
          authorized to commit the  contractor)  and telephone
          number;

     o    Response location;

     o    Date and time the  contractor  is required on site;

     o    Date and time the  contractor  agrees to  be on site;  and
          Brief narrative  of the  services  (e.g., personnel
          equipment, and materials) and level of protection
          (e.g., health and safety) required.
                              G-l

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      Some of these items can be completed before the call is made
 to the contractor.  For example, the response location or the
 level of safety protection required may be known ahead of time
 and could be completed in advance.

      By completing the Delivery Order form during (or for some
 items directly before) the discussion with the contractor, the
 Ordering Officer will:

      o    Provide the contractor clear direction on the services
           needed ;

      o    Document personnel,  equipment,  and materials expected
           on site;

      o    Establish the OSC-Response Manager site management
           relationship,  and

      o    Facilitate  completion of the written DO issued  to  the
           contractor  at the site.

 The  information  recorded during issuance  of  the  oral  Delivery
 Order will be  important  should  there be any  dispute concerning
 the  contractor's ability to provide the services within the
 required response  times.

 B-    Delivery  Order Completion  and  Processing  Instructions

      To formally initiate services  performed by  the ERCS
 contractor to  conduct  UST corrective  actions,  Ordering Officers
 must  prepare written Delivery Orders.   The DO  specifies the
 services to be performed by  the ERCS  contractor  in executing  a
 specific corrective action.  Each DO  establishes  a ceiling amount
 that  constitutes the maximum amount  for which  the government
 shall be liable.   Instructions for the  completion and processinq
 of DOs are outlined below.

      1.   Delivery Order completion.

     Delivery Order preparation is the responsibility of the
Federal Ordering Officer.  A standard format is used for the DO;
all items in the DO should be completed as explained below and
illustrated by the sample in Exhibit G-l.

     0    Date of order (Box n .-  Enter the date of issuance of
          the DO to the contractor.
          Contract Number fBoy ?) .•   Enter the contract number
          (e.g.,  68-01- _ )  of the ERCS contract under which
          services are being  ordered.   The final  four digits of
          this number vary; call the CO to obtain the current
          contract number.
                               G-2

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                                              EXHIBIT G-l
                       DELIVERY ORDER POR EMERGENCY RESPONSE CLEANUP SERVICES
                       0»*v«/v Gram, a iue*ct n til ••**, ,m* eemMmnt at rn» ea*truct
                                                                               . 21
         01/06/87
                                  1 CONTRACT NO.

                                      68-01-
                                                                   3. ODDER NO.
             8   00
    EST
                    G
                   77/n«
                                     DELIVERY ORDER CEIUNG AMOUNT
                                                                              03
                                                                        20.000
                                 8. ACCOUNTING AND APPROPRIATION DATA
                                 __Aoonomti9n *    Document Control *

                                  68 -20X8153
                                                              Account *
 7«. ISSUED TO: CONTRACTOR //V«m«.

       (1ST  Cleanups, Inc.
       2200 Mudcrack Lane
       Rochester,  NY  14609
                                  J/M ZT0 C«O«/
    lANAGcR »V«m« j/itf than* fle.i

Joseph  Davidson   C716")  482-2811
          MANAGER If/fait tna i"ion» ,Vo ,

      Fred  Davidson   (716)  522-3093
                                          		    25.3
                                           Si. ISSUED BY: ORDERING OFFICER lNtn». AMrttt *M SO Coan

                                              Vincent Bradford
                                              Environmental  Protection Agency
                                              841 Chestnut  Street
                                              Philadelphia,  PA  19107
                                                  8H. EPA REGION/USCS DISTRICT

                                                  	03
                                                                               Se. 2ONE

                                                                                   1
3 RESPONSE LOCATION iSilt /V«/n« jna/or Aaartsi tna 2,o Caati

      ABC Service Station
      2927 North 2nd Street
      Arlington, VA  22201
                                                  3«t ON.SCc.NE COORDINATOR //V«m» »na Pltont fla.l

                                                      Janet  Smith  (215) 597-0807
                                                  10. CONTRACTOR RECUIRE3 ON SfTE 
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                                OSWER Directive 9360.0-16A


 Order Number rsox 31;  Enter a nine (9) digit DO number
 which sequentially consists of:

      Last four digits of the contract number (see Box 2
      above);

      EPA Region (e.g.,  01,  02,  .  .  .10);  and

      Three digit number representing the  sequence of
      the DO being issued in the Region or Agency.    ~ ~

 Time of Initial Order fBox  4l«  Enter the time  of
 issuance of the DO.   All references to time  on  the DO
 should reflect  the local time at  the site where the
 services are to be provided.

 Delivery Order  Ceiling  Amount  fBov  s)?  Enter the total
 estimated cost  of contractor personnel, equipment,  and
 materials for which the order is  being placed.   The
 ceiling amount  represents the amount obligated  by the
 government for  the corrective action.   The OSC's/
 Ordering Officer's authority to obligate  the government
 for  UST response  is limited to $50,000.   All initial
 DOs  or  Order  modifications for amounts  greater  than the
 initial  $50,000 must be  obligated by the  CO.  Under no
 circumstances may  the ERGS contractor  develop the cost
 estimate  used here.  This is the sole  responsibility  of
 the  Federal Ordering Officer who may, however, with
 Project Officer approval, seek the assistance of  the
 Technical Assistance Team (TAT)  contractor or EPA's
 Environmental Response Team (ERT)  in developing the
 estimate.

Accounting and Appropriation Data  fBox 61:  Accounting
and appropriation data consist of  four numbers,  which
should be entered as follows for UST actions:

     Appropriation Number:  68-20X8153  (does not
     change).

     Account Number and Document Control Number  fDCNl:
     Represented by ten (10)  and six (6) character
     numbers, respectively.   These numbers will  be
     obtained by the ERD Regional  Coordinator from the
     Headquarters Financial  and  Administrative
     Management  Support  Staff  (FAMS)  for all  actions
     given prior Headquarters approval.  If the
     Region's $50,000  allocation is  being  used  (i.e.,
     the emergency criteria  in section  4.1.1  have been
     met), the Region  should use its own numbering
     system developed  by the Regional Financial
     Management  Officer.

     Ob-iect Class  Code:   25.35 (for  all  EPA program
     contracts;  does not change).
                    G-4

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                               OSWER Directive 9360.0-16A
Issued To:  Contractor (Box 7A);   Self-explanatory.

Program Manager (Box 7B);  Enter the name and phone
number of the contractor representative authorized to
receive the DO and commit contractor resources to
provide the services and supplies required to complete
the Statement of Work.

Response Manager (Box 7C);   Enter the name and phone
number of the contractor representative designated by
the Program Manager as the single point of contact for
on-scene coordination and responsible for management
and execution of cleanup activities as specified by the
OSC or other designated Federal officials.

Issued Bv;  Ordering Officer fBox 8A1;  Self-
explanatory.

EPA Reqion/USCG District (Box 8B1 ;   Enter the number
for the EPA Region; the USCG District does not apply
for Federal-lead UST corrective action.

Zone (Box 8C);   Enter the number of the ERCS zone where
the site is located:

          Zone 1 - Regions I-III

          Zone 2 - Region IV

          Zone 3 - Region V

          Zone 4 - Regions VI - X


On-Scene Coordinator fBox 8D1 ;   Self-explanatory.

Response Location (Box 9);   Enter the location of the
release or site where services  are to be performed by
the contractor.

Contractor Required on Site (Box  10);  Enter the date
and time contractor personnel,  equipment, and materials
are required on site to implement the corrective action.

Required Work Completion Date (Box 11);  Enter the  .
anticipated date by which contractor services are to be
completed.  Estimates are acceptable and dates may be
revised through modifications issued by the CO.
                     G-5

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                                          OSWER Directive 9360.JD-16A


      •    Statement of Work fBox 12):   This block contains the
           description of the services  to be performed by the ERGS
           contractor.  The Statement of Work should not be so
           narrow as to restrict the contractor's effort nor so
           broad as to permit the contractor to explore areas
           having little relationship to the desired work.   The
           block should either contain,  or refer to attachments
           that contain:

                Statement of Work,  including a task breakdown and
                schedule;

                Site-specific institutional requirements or
                clearances that must be  obtained by the contractor
                (e.g.,  permits for  transportation and disposal of
                wastes or right-of-way clearances);  and
                       *
                Any plans,  including a site operations plan,
                health and safety plan,  or quality assurance  plan
                developed for the specific corrective action.

      •    Ordering Officer fBox 13);  Self-explanatory.

      2.    Delivery Order processing.

      The completed DO is signed by the  Ordering Officer and
issued to  the  contractor Program Manager  or designee (e.g.,  on-
site  Response  Manager).   The contractor is  required  to
acknowledge receipt of the DO  in writing  within one  week or  one
half  of the time specified for performance  of the order,
whichever  is less,  following receipt.   The  acknowledgment  of
receipt of the DO  must be  submitted  to  the  Ordering  Officer,  with
a copy forwarded to the CO.

      It is the Ordering Officer's  responsibility to  make sure
that  the contractor submits  an  acknowledgment of receipt each
time  a DO  is issued.   The  acknowledgment  of  receipt  will help
preclude misunderstandings between the Ordering Officer  and the
ERCS  contractor over the terms  and conditions of the DO.   It will
also  serve as  documented evidence when potential contractual
actions are required to  enforce  the terms of a work  order.

C.    Delivery  Order Modifications

      During the course  of an UST corrective action,  it may become
necessary to modify the statement of Work, completion date, or
ceiling amount  specified in the  DO.  All such changes must be
authorized in  a written amendment of the DO using Standard Form
30 (see Exhibit G-2).  If increased funding is required for a
project,  the existing  DO should be amended; a new DO should not
be issued.
                               G-6

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                                                     EXHIBIT G-2
     AMENDMENT OF SOUCITATION/MOOIFICATION OF CONTRACT
                                                             ADMINISTERED «v liratHtr mm turn fl
 ..
                                  CODE
                                                                                                CCOE
   NAMC ANO AOOMUS Or CONTRACTOR f ArO . «9>Vf. COHftfT. JUtf OM4 ilf
 CCCE
                                      IFAOLITVCCOE
                                                                                 (A AM1NQMCMY Of SOLICITATION NO.
                                                                                 IOA. MODIFICATION Of CONTRACT/ORO**
                                                                                 10S. OATIO lUMITMM 111
                           1 1 THIS IT5M ONLY APPLIES TQ AMENQMENTSQF SOLICITATIONS
                   I Miiciowon ••
                                     • vi 'arm in i«m 1 4 Th* Hour *na aiu
 C**«ri "tun •cinowwooi vaior of t"'i «m»nam«nt orior to in* newr md 1SUCO
       TIACT O«O«« NO. IN ITCM IOA
                                                       tonnt THC CHANCCS SCT FOBTM IN ITEM 14 ARC MAOC IN T»e com*
     • T»C AtOvC NUMCCRCO C3NT«ACT/ORO«« I* WOOI"CO TO RC^LCCT TH( AQMINISTVATIVC CMANOU
       wcrawnex «•« «ic I SIT 'QRTM IN ITCM |« VURSUANT TO THC AUTHOBITV Qf PAR 41.10KBI.
                       . AQACCMCNT iS CNT(A(O INTO »1J*SU*MT TO AufnOMlTV
             I3*»*ift rtft 9f m
E. IMPORTANT.  Cantracrar  LJ  u not.   LJ  n r«auir«d to Sian tnu document and rwturn
                              , eoQi« to tn« issuing offict.
               Of AMCNOMCNT/MOOl'iCATION t
C*c*oi t«ii

1>C OAT« vdNCA

ItA. NAMC ANO TITLI OP CONTRACTING OP'ICCR
• V
ifi«iwrk<« »t Cooi'mttutf Qtnstn
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     Requests for amendments should be prepared by the Ordering
Officer or the OSC and forwarded to the CO for approval.  In most
cases-, requests and approvals can be handled over the telephone
The CO will prepare and sign the amendment and issue it to the
contractor.  Minor changes, such as adjustments in quantities of
labor and equipment which will not result in an increase to the
DO ceiling, can be provided directly to the contractor by the OSC
Such changes, however, should be noted in the written site
documentation kept by the OSC,  and should be forwarded in writing
to the contractor and the CO.
                              G-8

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       APPENDIX H:  Technical Direction Document Preparation
                    and Processing
      When the need arises for technical services during a
 Federal-lead UST corrective action,  a Technical Direction
 Document (TDD)  should be issued to activate the Technical
 Assistance Team (TAT)  contractor.   This appendix presents a
 detailed description of the process,  including an explanation of
 the TDD form used to document the  initiation of services and a
 description of EPA and contractor  roles and responsibilities in
 managing and implementing the process.   The following are
 addressed:

      o    TDD completion and processing;
      o    TDD amendments;  and
      o    Special Project  TDDs.

      The procedures described in this appendix apply  to both TAT
 zone contracts;  however,  the specific instructions on completing
 the TDD form directly  relate to  the sample  TDD forms  used in TAT
 zone 1 (EPA Regions I-V)  and in  TAT zone  2  (EPA Regions VI-X).

 A.    TDD Completion and Processing Instructions

      When a need for TAT contractor services  arises,  the
 Headquarters Project Officer (PO), or Regional  Deputy Project
 Officer (DPO) with  PO  concurrence, prepares and issues  a written
 TDD,  which  serves as the principal mechanism  for initiating  these
 services.   Where practicable,  the  DPO should  confer with the
 Regional  UST Coordinator prior to  issuance  of the  TDD.   An oral
 TDD may be  issued,  but  must  always be followed  by  a written  TDD
 within five (5)  calendar days.   The TDD includes background  data,
 the scope of work to be performed, a  schedule of deliverables, an
 estimate  of time and costs required to perform  the work,  and
 other  related information.

     Only the DPO or PO is authorized to prepare and  issue TDDs
 to  the  contractor TAT Leader.  The TAT may  not  act on an  UST
 corrective  action without the  specific concurrence of the PO.
 Each DPO can  issue  TDDs only to  the TAT Leader  assigned  to that
 particular  DPO's Region.  For  example, the  Region I DPO  can  issue
 TDDs only to  the TAT Leader assigned to Region  I.  TDDs  can  also
 be  issued by  the PO  to  the appropriate TAT  contractor Zone
 Program Manager  (ZPM) for special ZPM efforts within the contract
 Statement of  Work (SOW).

     1.   TDD completion.

     A sample TDD form that has been used in TAT zone 1 is shown
 in Exhibit H-l; Exhibit H-2 shows a TDD form used in TAT zone 2.
Each of the elements on the TDD should be completed by the DPO
as explained below.
                               H-l

-------
                                                   EXHIBIT H-l
1. COST CENTER:
t *


§MIGH (1)
MEDIUM (2) -
LOW (3)
TAT - CONTRACT 68-01 -7367
TECHNICAL DIRECTION DOCUMENT (TOO)
OHM EMERGENCY RESPONSE ANO
SPILL PREVENTION PROGRAM
ROY F. WESTON INC.
4. SOURCE OP PUN OS.


S. EPA SITE 10:

SA. EPA NAME: 	
8. COMPLETION DATE:

7. OVERTIME APPROVED:
DYES Q«o
9. GENERAL TASK DESCRIPTION:
2. NO:
2A. TYPE:
8. REFERENCE INPC

-Ef-Yss-n*
LJ ATTACM60
LJ PICK UP

9A. ESTIMATED COST: 9 ' BSTIMATEO HOURS:
10. SPECIFIC ELEMENTS; „ ,NT8B|M 0gAOUN6S:
:2O. OESIREO REPORT FORM:


   OTHER {SPECIFY):
                                          FORMAL REPORT
                                                                  LETTER REPORT
                                                                                          FORMAL BRIEF
 3. COMMENTS:
4. AUTHORIZING OPO:
                                    (SICMATUAE)
                                                                                     15. DATE:
3. RECEIVED 8Y:

       (   | ACCEPTED     (   | ACCEPTED WITH EXCEPTIONS  " "'
                                                               f  I REJECTED
                                                                                    17. DATE:
                                  (TAT
i. DESCRIPTOR:
n t
•i i
tl
•* 4
     -r*n.
                ~r*n. *
                                                   H-2

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                                                      EXHIBIT  H-2
1A. Can Center:
4
18. Account No.:
3A. Priority
C High
C Mtdium
G Low
38. Key EPA Contact:
Name:
Phone:
TAT ZONE II CONTRACT
CONTRACT NO. 68-01-7363
TECHNICAL DIRECTION DOCUMENT (TOO)
ECOLOGY AND ENVIRONMENT. INC.
4A. Estimate or
Total Houn:
Total Costs:
48. Overtime Approved:
(j Yes Q No
2. No.
T
Amen
SA. EPA Site Mama:
SB. SS10 No.:
SC. City/County /Sate:
6. Sourca of Funds: f~l Ot*»r
8 CERCLA
311
UST
9. Typ« of Activity:
CWA-311 CERCLA



•

7. Complation Oat
8. Reference Info:
DY« a Ate
a No QPleft
8A. Subask Code:
AS SPECIFIED ABOVE
             ISPCC
              I On-Scene Monitoring
             J Soil! deaivvio Funded
 Site Assessment
 Removal Funded
 Removal PRP (AO/CO)
> On. Site Monitoring
                         . Soecial Project
                        .J Analytical Project
                        J TITLE III
                        JUST
                        _>FEMA
                                                                                               Quality Anurance
                                                                                               Training
                                                                                               Program Management
                                                                                               Tecnnical AcsHttnca
                                                                                               Information
 10. General Talk Description:
 12. Specific Elements:
                                                        11. Desired Report
                                                           Form:
                                                          ^ Formal Rtpo
                                                          J Letter Report
                                                             FomwiBrwf
                                                          2 Other I
                                                                                                 13. Interim Deadlir


- - - - 	 .. _ _


•'
14. Authorizing DPO:
(Signature)


- 	 .-.--—


15. Date:
16. Received by:   Q Accepted
Accepted with Exceptions (Attached)
                                                                                     G Rejected
                                                        17. Date:
                                                  (TATL Signature)
OuiriOutien:
    5»«VT 1   VWHit*
    S"»«t 2   Bin*
    Sn*«r 3   C'i*n
    Snr*t A   Cjncrv
    Sn**r 5
                         Coov
                    TATLCooy
                    2PM Cooy
                    >0 Coov
                    CO Coov
                    O'O Original IU«ua«M 9v
                                                                                                              TOO;
           H-3

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 Cost Center (Box 1A);   Enter  the  number  of  the  TAT
 Region that is  being  issued the TDD;  in  the sample,  07
 is  entered to indicate  Region VII.

 Account Number  (Box IB):   Leave blank; to be filled  in
 by  the TAT contractor.

 TDD Number (Box 2);   Enter this serial number which
 identifies the  TAT Region  in  which the TDD  is issued,
 the calendar year and month,  and  the  sequence number of
 the TDD issued  that month.  For example, the number  07-
 8701-03 is interpreted  as  follows:  07 refers to the TAT
 location in Region VII; 87 refers to  the calendar  year
 in  which the TDD is issued; 01 is the month the TDD  is
 issued;  and 03  indicates that this is the third TDD
 issued in the month of  January.   If the TDD amends an
 earlier TDD,  check the  "Amendment" blank.

 Priority (Box 3A1;  Check  the box corresponding to the
 priority of the request.   The priority should reflect
 whether an immediate  action is required  (high
 priority),  an action  is to be taken within  a definite
 time  period (medium priority), or an  action is  to  be
 taken within a  flexible time  period (low priority).

 Key EPA Contact (Box  3B);  Enter  the  name and telephone
 number of the EPA person directly involved  with
 overseeing and  managing contractor performance  of  the
 task.   This will typically be the OSC.

 Estimate of Total Hours (Box  4A1;  Enter an estimate of
 the technical labor hours needed  to accomplish  the TDD
 assignment.   The estimate should  be based on best
 engineering judgment considering  knowledge  of the
 project  or task requirements, data needs, and previous
 experience on similar projects.

 Estimate  of Total Costs (Box  4A);  Enter an  estimate of
 the total  cost  including direct labor, travel,
 expenses,  and subcontracting.

 Overtime  Approved (Box 4B):   The  DPO must specify
 whether  overtime hours are allowable  for the task
 outlined  in the TDD by checking the appropriate box.

 EPA Site  Name (Box 5A):   Self-explanatory;   if not
 applicable  enter N/A.

 SSID No.  (Box 5B):  UST sites must be numbered to allow
 cost recovery;  see page 2 of Attachment I to the
 Comptroller's Policy Announcement No.  87-13  (Appendix I
 of  this guidance).  Contact the Regional Financial
Management  Officer and ERD Regional Coordinator for
more information on assigning a site-specific ID
number.
                     H-4

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City/Countv/State  (Box 5C);  Enter the location of the
UST site; if not known, this can be entered by the
contractor.  If not applicable enter N/A.

Source of Funds (Box 6);   Check the UST box.

Completion Date (Box 7);  Enter the date specified by
the DPO for the TAT contractor submittal of the
completed TDD assignment.  Completion dates must not be
left open.

Reference Info (Box 8);  This item allows the DPO to
provide the TAT contractor with any reference materials
or supplemental information necessary to expedite TDD
completion.  At the same time, accountable control of
such information is maintained.  Check the most
applicable box.

Type of Activity (Box 9);  Check the UST box.

General Task Description (Box 101:  In this section,
enter a description of the task requirements that
indicates the following:

     The type of support desired;

     The level of intensity required (the depth to
     which certain issues should be pursued); and

     Any other pertinent information.

The task description must clearly delineate the goals
and objectives of the activity and the desired products
and/or deliverables.   Ambiguous phrases such as
"assist OSC" are not sufficient.  Where no interim task
objectives are present, continuation of the general
task description can be made into Box 12.  Where
interim task objectives are present, continuation of
the general task description should be made on a
separate sheet of paper that can be attached to the
TDD.

Desired Report Form (Box 11);  The DPO should indicate
the type of end product desired for the TDD assignment.
Additional information can be provided in Box 12 or by
attaching additional sheets to the TDD.

Specific Elements (Box 12):   In this section,  elaborate
on the general task description and define interim task
objectives.  This section should provide the TAT Leader
with a clear understanding of the objectives,  expected
results, and required deliverables and/or reports.   If
more space is needed,  the continuation of the descrip-
tion of specific task elements should be made on a
separate sheet of paper that can be attached to the TDD.
                     H-5

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      0    Interim Deadlines  fBox 13li  Denote completion dates,
           where applicable,  for the interim task objectives that
           are specified on corresponding lines in Box 12.

      o    Signatures and Dates (Boxes 14-171:  These sections are
           self-explanatory.  The TDDs are to be issued and signed
           by the PO (or DPO with PO concurrence)  and received and
           signed by the contractor TAT Leader.  If the TAT Leader
           judges the TDD to be out of scope, or for other reasons
           unacceptable, the appropriate box must be checked to
           show the action.  This is necessary to bring the matter
           to the attention of the DPO, PO,  Regional UST
           Coordinator,  and Headquarters Contracting Officer (CO).
           An appropriate explanation can be noted on the right-
           hand margin of the form.

      o    Distribution!  Copies of the TDD should be distributed
           as specified  on the bottom of the form,  plus an
           additional copy to the Regional UST Coordinator.

      The DPO should keep in mind three important  points while
 preparing a  TDD.   First,  the DPO must be as specific as possible
 in describing the  scope of work to  be performed by the TAT.
 Second,  the  DPO  must clearly indicate contractor  reporting
 requirements.  And,  finally,  it is  extremely important that  the
 DPO include  in the TDD  estimates  for  technical hours and costs
 needed  to accomplish the  assignment.

      Although  exact  tasks  and response activities,  particularly
 those involving  emergency  situations,  may be somewhat difficult
 to define, it  is very important to  the extent  possible to provide
 specific guidance  to the contractor on the  expected  work scope
 (see  Exhibit H-l,  Boxes 4A  and  10 - 13).  The  task  description
 should be as detailed as available  information permits so that
 there is a clear understanding  by the  TAT contractor of  the
 activity objective,  yet allow some  flexibility for  alternative
 and innovative actions  by the contractor  as  conditions warrant.
 Examples of  candidate tasks which could be performed for
 different types of response,  corrective action, or prevention
 work  can be  extracted directly  from the TAT  contract Statement of
 Work  (SOW).

      Care must be taken by the  DPO  and TAT Leader to  ensure that
 all tasks requested  and performed are within the bounds of the
 TAT contract SOW.  Particular attention must be given to ensure
 that  TAT TDDs do not involve personal services.  For  example,  the
 DPO must not direct  the TAT to provide clerical support, travel
 arrangements, or other  personal services for EPA staff.  The DPO
 is also  forbidden from  specifying an individual TAT member to
 perform  a task.  Specific TAT staffing decisions are the
 responsibility of the TAT contractor.

     The  tasks included in any one activity will  depend upon the
project-specific conditions.  It may prove useful  for the Region
to develop standardized work scopes for an activity and to use


                               H-6

-------
 attlcSt ^0?h"?DD?S "ecessar* for a sP*ci«<= situation, as an
        *
      »
      In addition, the TDD reporting requirements (Box 11) must be
 spelled out such that the work product provides the degree of
 detail desired by the DPO and therefore facilitates
 accomplishment of the activity objectives.  The DPO may wish to
 develop standard report outlines for various types of activities
 (i.e., facility inspection reports)  and to attach these to the
 TDD as appropriate.

      Finally,  the DPO is responsible for ensuring that an
 estimate of technical hours and costs needed to accomplish the
 TDD assignment is included in the TDD.   These estimates may be
  I* •  *n J?ree lmP°rtant ways to ensure that the TAT performs
 efficiently.   First,  these estimates can serve as the basis for
 i?fiVi?    ?°DS;  The actual hours and costs can the" be compared
 with  the estimates.   Any large differences between  the figures
 may be indicative of  problems and should be reviewed by the DPO
 Second,  the estimated hours,  used in combination with the
 estimated completion  date,  can help  to  identify the need for
 overtime to complete  the task.   Since the contract  limits the
 overtime which may be charged,  overtime  must be monitored.

      The  third use for the  estimate  of technical hours is to
 provide  the basis  for comparison of  total  estimated hours for  all
 active TDDs with the  total  technical  hours available.   Total
 technical  hours  available can be computed  from the  information  in
 the contract.  The difference between the  two figures  will  tell
 the DPO to what  extent  available contractor resources  are being
 utilized.   The TAT contractor can also provide this  information
 on  a  regular basis  (e.g., biweekly).

      2.    TDD  processing.
™«,       the TDD is comPleted, it is signed by the DPO or the
DPO's designee and forwarded to the contractor TAT Leader.  (When
the DPO plans to be out of the office and unavailable to perform
contract management functions, the DPO must submit a written
reguest, or telephone the PO and CO, for approval to appoint a
temporary assistant DPO; this reguest must be for a discrete
period of time.)  The PO must also be notified by the DPO for
concurrence with the TDD.  The PO will convey concurrence to the
ZPM, who will communicate this concurrence to the TAT Leader as
soon as possible.  The contractor TAT Leader can take one of
three actions on the TDD:

     o    If the TDD is acceptable to the contractor TAT Leader
          as issued by the DPO,  the TAT Leader signs the TDD and
          proceeds with performance of the assigned activities.
          In general,  the TAT contractor should be  willing to
          accept any assignment  within the bounds of the TAT
          contract SOW.   However,  as stated earlier,  conducting
          personal services  for  EPA staff is not allowed.
                              H-7

-------
     o    The TAT leader can accept the TDD with exceptions.  In
          this case, the exceptions are to be noted on the form
          and a copy is returned to the DPO.  The DPO and TAT
          Leader are to resolve these exceptions prior to the
          contractor commencing work.  If necessary, a revised
          TDD should be issued reflecting resolution of any
          exceptions.  If the issue cannot be resolved on this
          level, the DPO should consult with the PO in
          Headquarters for guidance.  If necessary, the PO will
          consult with the contractor ZPM to try to resolve the
          situation.  If it is resolved, the DPO may issue a
          revised TDD reflecting the issue resolution and the
          contractor will proceed with task performance.  If the
          PO and contractor ZPM cannot resolve the issue, the
          matter is referred to the CO for final resolution.
          Where possible, and with concurrence of the DPO, the
          contractor should begin work on the acceptable work
          elements of the TDD, pending resolution of the points
          at issue.

     o    If the contractor TAT Leader rejects the TDD, it is
          returned to the DPO with an explanation of the reasons
          for rejection.  The DPO and TAT Leader are to confer to
          resolve the situation.  If a resolution is reached, a
          revised TDD can be issued, if necessary, and the
          contractor proceeds with the task.  If the DPO and the
          TAT Leader cannot resolve the problem, the DPO should
          contact the PO for guidance as explained above.

     When the TDD is acceptable to both the TAT Leader and the
DPO, it should be signed and dated.  Appropriate copies should be
placed in the contractor's and EPA's central TDD files.  The DPO
should then send copies of the TDD to the PO, CO, and the
Regional UST Coordinator.

B.   TDD Amendments

     In the event that an issued TDD needs revision, the DPO must
issue a TDD amendment containing the appropriate changes.  Events
that require TDD amendments may include, for example, an original
underestimation of a project's magnitude or an acceleration of a
project's period of performance.  The original TDD's number will
be used, with a check in the "Amendment" blank (Box 2).  The
revised TDD should include the material contained in the original
TDD and the revised information so as to be capable of standing
alone.  Amendments are to be processed in the same manner as
described above.

C.   Special Project TDDs

     Funding has been obligated for the performance of special
projects under the TAT contracts.  All TAT Special Projects TDDs
for Federal-lead UST corrective actions must be signed and issued
by the appropriate PO, after conferring with the Regional UST
Coordinator.  If a special project is required, the PO may
                               H-8

-------
  should include a detailed technina  J     contractor's work plan
                           SS.355^ ™-°;

      o    Technical approach for the activity
           problems, and proposed solutions
      o    Detailed breakdown of tasks to be performed.
 o
 o
 o
          Analysis of resources  (level) expected for each  task.
          Anticipated total  labor cost for each task.
                                                       for
o
o
o
          Schedule,  including critical path and milestones.
          Listing and schedule of deliverables.
          Safety  and contingency measures.
Upon review of the plan, the PO will  approve and issue the TDD.
                            H-9

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Comptroller's Policy Announcement No. 87-13


                   1-10

-------

oEPA
             environment*! *M«cnon
DIRECTIVE NUMBER:
                     9360.0-16A
             TITLE:     Guidance for conducting Federal-Lead
                Underground Storage Tank Sorrective Action
             APPROVAL DATE:

             EFFECTIVE DATE:

             ORIGINATING OFFICE:
                    7/88
                    7/88
                      ERD & OUST
             B FINAL
             D DRAFT

               STATUS
               Signed by AA/OSWF?
               [  1
                    A- Pending OMB approval
                    B- Pending AA-OSWZR approval
                      For review &/or comment
                    D- In development or circulating

REFERENCE (Oth«r dOCUm«nU):       headquarters
                            [  1
                            [  I
 DIRECTIVE    DIRECTIVE    D

-------
          Uniteo Slates environmental
                wasnmgton DC 20460
OSWER Directive initiation Request
    Jame of Contact Person
         BEtty Zeller
                              2. Originator Information
                                                            1 Directive Numo«r

                                                            '9360.0-16A
                  OS-210
               Office
                 ERD
                                             Teiepnore Coat
         Guidance  for Conducting Federal-Lead Underground Storage Tank Corrective
         Action
     Summary of Directive uneuee onet suiemeni of purposti
         Guidance for removal program personnel conducting corrective action for
         petroleum leaks from underground storage tank.
      •yworos Superfund.CEHCLA.SARA

      Joes rnis Oirecuve Superseae Previous Oireetn
    6. Does It Supplement Previous Oireaiye(s)'
                     [ _ | N« •   | x I Vt»   Wh« dnan* (number, rat)

                                     9360.0-16


                     I _ ] N«   I  I Ytt   What dreetfce (number.
                                   — ^  •
                                                                Me)
8 - Siyied by Office Oiraoor
                             |   | C-
                                                                 |  |0-m
        8. Document to b« distributed to States by Headquarters?  I   IY«   fx1N°

Betti C. VanEpps
J. Winston Porter
Date
7/17/88
Date
7/25/88
   OSWER          OSWER              OSWER              O
VE     DIRECTIVE         DIRECTIVE        DIRECTIVE

-------
       *          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       r                      WASHINGTON, D.C. 20460

                                    JUL 25  ::::
                                                                       OFFICE OF
                                                            SOLID WASTE AND EMERGENCY RESPON

                                      OSWER DIRECTIVE 9360.0-16A
 MEMORANDUM
 SUBJECT:   Transmission of Guidance  for Conducting  Federal-Lead
           Underground Storage Tank^orrective Actions

 FROM:   /   J.  Winston  Porter..
       Wl-Assistant Administ
       l)
 TO:    v   Regional  Administrators
           Regions  I-X

 ATTNI:      Regional  Waste  Management Division  Directors
           Regions  I-X


     Attached  is the  final guidance for removal program personnel conducting
 Federal-lead corrective actions  for petroleum leaks from underground storage
 tanks  (USTs).  This guidance  supersedes the interim guidance of June 4, 1987
 (OSWER  directive »  9360.0-16).   Based  on comments  offered by reviewers,
 changes have been made to clarify definitions  and  procedures throughout the
 guidance.  A separate  guidance is under development regarding corrective
 actions on Indian lands.

     In response to comments, further emphasis has been placed on the
 responsibility of State governments to conduct responses in non-emergency
 situations and enforcement activities.  In several places, the guidance now
 stresses EPA policy requiring the State to perform any remedial  action after
 the Federal response stabilizes a situation.  The role of the Regional  UST
 Coordinator in the process of implementing and overseeing Federal-lead UST
 corrective actions has been greatly increased.  Finally, specific emphasis
 has been placed on the necessity for contacting owners or operators before
 initiating corrective action.

    If there are any questions regarding this  guidance,  please contact
 Elizabeth Zeller at FTS 382-7735.

Attachment
cc:  Superfund Branch Chiefs,  Regions I-X
     Henry Longest
     Ron Brand

-------
                             OSWER DIRECTIVE 9360.0-16A
   GUIDANCE FOR CONDUCTING FEDERAL-LEAD

UNDERGROUND STORAGE TANK  CORRECTIVE ACTIONS
                June, 1988
       ^Vhe  Emer9ency Response Division
       of Emergency and Remedial Response

-------
                    DISCLAIMER
     The policies and procedures established in this
document are intended solely for the guidance of

2rJS??StMPer8Jnne1' «-ThSy are n0t intended, and cannot
be relied upon to create any rights, substantive or

theCUn?Sd'^n5°rCeaSie *y any Party in "tigation with
the United States.  The Agency reserves the right to act
at variance with these policies and procedural and to
change them at any time without public notice.

-------
  _  . .                    TABLE OP CONTENTS
  Section
 l . 0  Introduction ....................
      1 . 1  Purpose ........... .'.'.'.*!.'.'.'.'! ....................... 1
      1 . 2  Background ........  ............................... -1
      1.3  Policy ............... .'*' ........................... 1
      1 . 4  Definitions ......... ............................... 1
                              ................................ 2
 2.0  Criteria for Corrective Action ____
      2.1  Legislative Standards  and Criteria ................. ?
      2.2  EPA Criteria ................... ....'.'. ..............

 3.0  Fund Utilization .....................
      3.1  Eligible  Activities ......   ........................ 6
      3 . 2  State Cost Share ........... .... . ................... 6
                                     ••••..«««««•••.. .......^^g

 4.0  Approval Process .....................
      4.1  Delegation of  Authorities...... .................... l
      4 . 2   Oral Request from  State ......    ................... I
      4 . 3   Written Request  from State. . . ..................... ,' J
      4 . 4   Regional  UST Coordinator/Enforcement .' .' ! .' .' .' .' .' .' .' .' .' .' .' 1°

 5 . 0   Accounting  Information ....................

 6.0   Initiation  of  On-Site Actions ____
      6 . 1   Procuring Cleanup Services ...*.'.' ................... rl
      6 . 2   Procuring Technical Assistance . .' .................. t ?
      6 . 3  Assistance from Other Agencies .    ................ i 2
      6.4  Stabilization Standards ........    ................ "
                                       """** ............... . 16

7.0  Managing Federal-Lead UST Corrective Actions..         17
     7.1  Oversiht                              ...........
           Oversight of Contractors ____                       ,
      7 . 2   Allowable Costs ..........     ..................... 17
      7 . 3   Non-Allowable Costs ...... ......................... 18
      7 . 4   Cost Management ....... .'.'.'.'.' ...................... ? J
      7.5   Ceiling Increases/Scope  Modification^ '.'.'. ......... \$
      7 . 6   Access Agreements ........                  ........ "
      7.7   Worker and Visitor Health  and "site 'safety .'.'.' ...... 25
      7.8   Community Relations and  Public  Information. ...'." '"
      7 . 9   Record-Keeping Requirements ......          ........ „
      7.10  Reporting Requirements ..........    ...............  '
      7.11  Post-Corrective Action Control ...'..'.'.'. '. '. '. '. '. .' .' .* .' | 'm ] 39
Appendices
A.   Delegations
B.   oral Request Information Outline
C.   State Request Letter Format
D.   Action Memorandum Format
E.   Ceiling Increase Request Format
F.   Federal-Lead UST Corrective Action Accident Report Format
G.   Delivery Order Preparation and Processing          format
     Technical Direction Document Preparation and Processing
                       Procedures Governing Use of the LUST Trust Fund

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   1.0   INTRODUCTION


   1.1   Purpose
                                         o           direction
  and Regional Underground sorage Tank  ms?  SooXf Personnel'
                                               °
                        reses

        in^^^^
  for undertaking a Federal-lead S!T cor-^o ^°CUmen^ation
  1•2  Background


                 UTin £ in a rtr^Tn *•**%+' *» __^ v* _   . .
                                                        Of 1986
                            ts
to provide the authority for Federal reSSn Dlfposal Act
releases from leaking USTS   The 2in5I P? SV° Petrole
million Leaking Underground Storage T^r^ifV8^11811 a  $50°
finance both Federal Ind state SI? JoSrJ ^ ^St Fund to
                                                1
                             ae        or
 lead UST corrective  actions will  be  vlrfo™**?1^*'   Federal-
                                    Solid Waste


 1.3  Policy


 at

                                                             ---
                            0
and the state is unaWeto respond   ?n SdSonenth1 *™r*"™y-
demonstrate that it has contacted or atfo^i J J'     State must
or operators, and the statS is oonSlnSS ?H J     contact owners
are unable or unwillina to Drov?S2 i2    !    owners or operators
                               -1-

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 1.4  Definitions


 apply?* *"• PUrp°SeS °f this «""««». the following definitions















                         *
corrective action
more strict  than that for current SzardA,,« .«i «.   l
actions and  is  intended to signif ican?lv T»i? bf£ance

                                          :;"""""


                            -2-

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"™   S*oraqe T*nk - As defined in Section 9001(1) of SWDA








     A)    Farm or residential tank of 1,100 gallons or less

                 '                  m°t0r fU^ *~ noncommercial
     B)
I)
    C)   Septic  tank,


    D)   under1-6  facility  (including gathering  lines)  regulated


              i}   2?f Natural Gas Pipeline Safety Act  of  1968
                   (49 U.S.C. App. 1671, et seq. ) ,
                    ™ Hazardous Liquid Pipeline Safety Act of
                   1979  (49 U.S.C. App. 2001, et Beg.)? or

              iii) which is an intrastate pipeline facility
                   regulated under State laws comparable to the
                   provisions of law referred to in clause (i)
                   or (11)  of this subparagraph,

    E)    Surface impoundment, pit,  pond,  or lagoon,

    F)    Storm water or waste water collection system,

    G)    Flow-through process tank,
         rlatdttaPn??: associated gathering lines directly
         operat?ons,°or " ^ pr°duction and gathering


         Storage  tank  situated in  an  underground  area  fsuch as
         basement  cellar,  mineworking, drift,  shaf^  o!  SnSJl

         fSrae       S ^^  »*°" °*  *»™ the

                             -3-

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 2.0  CRITERIA FOR CORRECTIVE ACTION

 2.1  Legislative Standards and Criteria

      This guidance is designed to provide direction for
 undertaking Federal-lead corrective action at petroleum leaks
 from underground storage tanks.  The basic criteria for a Federal
 response are found in Section 9003 of the amended SWDA?   Federal
 Subsection (c) specifies the release detection, prevention  and
 correction requirements for USTs to be promulgated by EPA  and
            (h) Pr°vides two sets <* criteria lor FederaT-ieaS UST
      Before the effective date of the regulations promulgated
 under section 9003 (c) of SWDA, a corrective action may be
 undertaken if the Administrator (or State under cooperative
 agreement) deems it necessary to protect human health and the
 environment,  as authorized in Section 9003 (h) (1)  of SWDA   The
 EPA (or the responding State)  must give priority to site^ where
 no owner or operator is able to undertake proper corrective
 health  and the environment and one  or more  of  the  followina
 criteria,  presented in Section 9003 (h) (2) of SWDA,  are  met:

      o     No  financially  solvent  tank owner or operator,  capable
           of  carrying  out proper  corrective action,  is  found;
          Jhe,fituaSion  ref^ires Prompt action to protect human
          health and the environment;

          Corrective action costs exceed the financial
          responsibility requirements established for the tank
          and expenditures from the LUST Trust Fund are necessary
          to ensure effective action; or                   ***>*ry

          The tank owner or operator has failed, or refused, to
          comply with an administrative order to perform
          corrective action.
human^L^hVH ?iV6n fc° releases P°sin9 tne greatest threat to
human health and the environment.
                               -4-

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 2.2  EPA  Criteria
SectioS "
eion i
                 W11^ undertake corrective action only  if a major
                 environmental emergency exists, as defined ?n°
     EPA will take only those corrective actions that stabilis
the emergency situation, allowing State or othe? responders to
implement permanent cleanup remedies.  If EPA-Imitiaative
measures require continuing post-corrective actiSn control
(operations and maintenance) , the affected State w"iU be
responsible for these measures as soon as possible
                             -5-

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  3.0  FUND UTILIZATION
                         ^

 3.1  Eligible Activities
             eJinn"?"9;*1;"! or.exP°su" assessments (see
           Section 1.4) to determine potential health effects of
           leak, and to establish corrective action prioritiZs?

           Corrective actions such as stabilization of the site
           temporary relocation of affected residents  or      '
           provision of alternate household water supples.

           Enforcement activities (see Section 4.4)  includina
           development,  implementation,  and oversiht of
3.2  State Cost Share

pay a 10                                      stnd cor

                     and
                              -6-

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 4.0  APPROVAL PROCESS
 ssrsrs ; ,n- -                             - — or
                                                            In
                      ^
 4.1  Delegation of Authorities
b. redel.gLed'lr^rolf ce(W?ec?nOD,A)6ffI"Sonh°rity My
and Remedial  Response  (OERm   T^ ^ i   'I Office of Emergency
obtain the concurrenc  (                ga'the °D' OERR'  ro"st
                         ceecOD,ffo
and Remedial  Response  (OERm   T^ ^ i   'I Office of Emergency
obtain the concurrence ( 0^4 OD  o???ifga^n',the °D' OERR'  ro"
Tanks (OUST) .                   '  Offlce  of Underground Storage
     4.1.1   in accordance with Delegation 8-33  Ro«ior,ai
                       „

                  Fire and/or explosion; or
                  Substantial or irreversible damage to a
                  sensitive ecosystem or significant natural resource,

                            -7-

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4.2  Oral Request from state

                                                          «ST
    If so, the following approva?
    4.2.4     Approval process for corrective action

         4.2.4.1   During regular working hours:
                   ™n °?J F °th