United States
             Environmental Protection
             Agency
             Solid Waste And
             Emergency Response
             (OS-240)
OERR 9200.6-02
July 1990
xvEPA
Superfund Docket
Operations Manual
For Rulemaking Activities
                                         Printed on Recycled Paper

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SDIC Operations Manual
               for
  Rulemaking Activities
             Prepared by:
         Booz*Allen & Hamilton Inc.
          4330 East West Highway
          Bethesda, Maryland 20814
             Prepared for:
      U.S. Environmental Protection Agency
     Office of Emergency and Remedial Response
             June 1990

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                     HOW TO USE THIS MANUAL

     The SDIC Operations Manual for Rulemakina Activities has
been prepared to assist Superfund Docket and Information Center
(SDIC) staff in its functions to support the Superfund program;
specifically, by explaining procedures for preparing and indexing
rulemaking dockets.  A companion document, the SDIC Operations
Manual for Nonrulemakina Activities, provides detailed guidelines
for the daily administrative functions of the SDIC.

     The purpose of the SDIC Operations Manual for Rulemakina
Activities is to serve as a procedural guide for SDIC staff when
a rulemaking docket is prepared.  These procedures are evaluated
on a regular basis, and are revised as needed to keep the SDIC
operationally efficient and responsive to its users.

     This manual is organized into five major sections.  Two of
the major sections have a set of sub-sections.  All major
sections and sub-sections are represented on the flowchart on the
next page.

     The flowchart presents the rulemaking  docket preparation
workflow progression, as  it corresponds to  the tabbed sections of
this manual.  Each section and sub-section  of the manual
discusses in detail the various stages of the docket preparation
process.
 6/90                           -1-

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                                       RULEMAKING MANUAL
                                          ORGANIZATION
PLANNING
DOCKET PREPARATION
  PUBLIC
COMMENTS
CHALLENGED
,    SITES
  DOCKET
MAINTENANCE
       Declnt
     Preparation
      Procasa
      Overview
                                       Quality
                                      Assurance/
                                       Quality
                                       Control
                                                     Dockets
                                                     Hflndllno
                                                       HPL
                                                     Updates
                                                                Dally Activities
                                                                lor Updating and
                                                                 Maintaining a
                                                                   Docket
                                                                                                            SFOOTOs

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    PLANNING:
SUPERFUND DOCKET
       AND
INFORMATION CENTER
  RESPONSIBILITIES

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 SUPERFUND  DOCKET AND  INFORMATION  CENTER STAFF RESPONSIBILITIES


     Implementation of the Superfund program is an enormously
complex and challenging task for EPA, involving the development
and maintenance of a large volume and variety of policy,
regulatory,  guidance, legal, and site-related documents.  These
documents are developed by EPA with input from other Federal
agencies, State and local governments, private parties, and the
public under the rulemaking auspices of the Administrative
Procedures Act.  EPA manages this information flow principally
through the Superfund Docket and Information Center (SDIC).

1.    Overview of the SDIC

     The SDIC was created to coordinate the development of the
rules for the Superfund program and to provide public access to
Superfund decision-making documents.  The SDIC regulatory support
function is provided through the Superfund Docket, which is the
repository  for supporting documents to proposed and final
regulations  (e.g., background documents, studies, Hazard Ranking
System worksheets,) and for receipt and storage of public
comments on these regulatory materials.

     Materials in the SDIC are organized and retained to document
specific EPA rulemakings.  Every rulemaking is supported by a
collection  of relevant documents.  Each collection is termed a
"docket."   The importance of compiling and maintaining a docket
for each rulemaking lies in the docket's function as the legal
support material in cases of litigation.  At this time over 40
dockets are maintained in the SDIC.

     The dockets are of several different types, to correspond
with distinct rulemaking areas.  The docket types include:

          National Contingency Plan  (NCP)
          Claims
          Reportable Quantities  (RQ)
          Deletions  (from the NPL)
          Title III
          National Priorities List (NPL).

Docket functions are closely tied  to  rulemaking  activities
published in the Federal Register.  A docket's compilation and
availability correspond to  dates announced in the Federal
Register.   The Federal Register  is the official  Government
publication that contains all proposed and final rulemakings,
notices  for rulemakings, and other announcements.

     Individuals and organizations using the SDIC to  access EPA

6/90                           -2-

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regulatory support information include EPA staff, law firms,
engineering firms, environmental and energy groups, Federal
agencies, and the public.  The information housed in the SDIC is
used by people who wish to understand and comment on EPA's
regulations and rulemaking processes.  This information also may
be used for purposes such as program development or media
articles.

     The involvement of these numerous groups in the regulatory
process has required that the SDIC expand its functions beyond
those for which it was originally created.  In addition to
housing the Superfund dockets described above, the SDIC now also
houses and provides access to other types of Superfund-related
documents.  The public access function of the SDIC currently
encompasses two information subject areas:

          Superfund directives series 9200-9399, including nearly
          360 policy, procedural, and technical EPA documents
          governing the implementation of the Superfund program,
          and OWPE directives series 9800-9999

          Superfund site-related files, which include nearly 440
          Records of Decision (RODs) documenting the remedial
          activities planned for sites on the National Priorities
          List.  Procedures for handling these documents are
          covered in the SDIC Operations Manual for Nonrulemakinq
          Activities.


 2.  SDIC Rulemakina Responsibilities

     EPA rules usually are generated in two stages:  First a rule
is "proposed," and then, after a period of public comment and
changes to the rule, it is finalized.  Dockets are "opened" upon
announcement of the proposed rule, and are updated and "closed11
at the time of final rule.  After the rule is final, no
additional materials can be added to the supporting docket.
However, the docket remains open indefinitely to public viewing.

     In broad terms, the most important rulemaking
responsibilities of the SDIC staff are:

          Ensuring docket organization and availability on
          Federal Register announcement day

          Incorporating additional documents into the docket

          Finalizing the docket.

Procedures for implementing these duties are discussed in the
sections that follow.
6/90                           -3-

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     In addition to the responsibilities listed above,  there are
other rulemaking duties that also are the responsibility of the
SDIC staff.  These tasks are described in the sections  entitled
"Regional Dockets," "Adding an Administrative Record,"  "Public
Comment Period Activities," and "Daily Activities for Updating
and Maintaining a Docket."
6/90                           -4-

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     PLANNING:
DOCKET PREPARATION
 PROCESS OVERVIEW

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               DOCKET PREPARATION PROCESS OVERVIEW


     Although there are several different types of dockets, some
elements of the preparation process pertain to all dockets.  The
following overview is a summary of general docket preparation
procedures.


1.   Opening and Closing a Docket

     All EPA rulemaking decisions must be supported by a publicly
available docket of relevant materials.  These dockets are
created for each decision and reside in the SDIC.  The documents
in the public docket will be used to defend EPA's rulemaking
rationale, should the rule be challenged.

     Each docket must be organized, indexed, and maintained by
the SDIC staff under the supervision of the EPA program office.
The program office as referred to in this manual is defined as
the office within the Office of Solid Waste and Emergency
Response  (OSWER).

      Once notified that a rule will be proposed, the SDIC staff
must meet at least two compilation deadlines:

          Initial docket compilation must be completed on or
          before announcement of the proposed rule in the Federal
          Register.

          An updated docket, including public comments and other
           added information, must be compiled by the time the
           rule is published as final in the Federal Register.

Two other deadlines requiring preparation of the docket may be
imposed on SDIC staff during the docket compilation:

          Materials may need to be gathered and  indexed prior to
          publication of an "Advance Notice of a Proposed
          Rulemaking."

          Materials may need to be gathered and  indexed prior to
           publication of an Interim Final rule in the Federal
           Register.

     A  specific date will  not be  established to  begin docket
compilation  and its  index  development; however,  it  is important
to begin  accumulating relevant materials  as soon as the program
office  officially  informs  the SDIC that  a rulemaking  is under
development.   It takes  several weeks to  finalize the docket
index,  so  the  staff  should allow  sufficient time to prepare the
docket  and its index before each  of the  imposed  deadlines.  This

6/90                            -5-

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manual explains the procedures that must be followed so that
docket compilation may be accomplished effectively.

2.   Ensuring Docket Organization and Availability on Federal
     Register Announcement Dav

     Upon announcement of the proposed rule in the Federal
Register, the docket should be ready for public review.  All of
the materials should be organized in labelled file folders and
bear a unique identification number.  The supporting index must
be present with the docket.

3.   Preparing the Final Docket

     On the day of final notice in the Federal Register, the
materials supporting the final rulemaking (e.g., response to
comments, technical support documents, and revised Hazard Ranking
System worksheets,) a copy of the published Federal Register
notice, and press release packages are inserted in the
Headquarters public docket.  Copies of these materials also must
be sent to the appropriate Regional Docket contacts.
 6/90                            -6-

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     PLANNING:
RULEMAKING PLANNING
  AND NOTIFICATION

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              RULEMAKING  PLANNING AND  NOTIFICATION
     The SDIC staff will learn of a new rulemaking in one of two
ways:
          Through the program office
          Through the "Regulatory Tracking Report."


1.   Program Office Notification

     The program office contact person will notify SDIC staff
when there is an upcoming proposed or final rule, and at that
time SDIC staff will undertake appropriate action to create or
update the docket.  The program office provides SDIC staff with a
draft of the proposed rule, informs SDIC staff what documents
should be included in the docket, and provides the SDIC with
those documents.  (See the Nonrulemaking Manual "Telephone Lists"
section for the names of EPA program office contact personnel.)


2.   Regulatory Tracking Report

     Occasionally the program office neglects to contact the SDIC
staff in a timely manner to alert them of upcoming rulemaking
developments.  For this reason, it is advisable for SDIC staff to
monitor the current "Regulatory Tracking Report."  A sample page
from the Regulatory Tracking Report is shown on the next page.
This report is sent once a week by the OERR Documents Coordinator
to the SDIC Onsite Manager.  The report provides information on
rulemaking developments.  The SDIC should look at the last column
of dates on the page,  (the column labelled "FR Final11,) to see
the estimated dates for publication of proposed rulings in the
Federal Register.  The dates listed are the anticipated dates on
which a rulemaking formally will be proposed, and thus the date
by which the public docket, by law, must be complete and
available for viewing.

     The SDIC staff is expected to maintain a current awareness
of forthcoming and evolving rulemaking developments.  It is
always in the best interest of the SDIC staff to have as much
advance notice as possible of rulemaking decisions.  The upcoming
workload should be monitored on a weekly basis, and workload
projections should be recorded in the Weekly Activity Report  (see
the nonrulemaking manual for more information on the Weekly
Activity Report.)
 6/90                            -7-

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                                              Retaliatory  Trackimj  Report  £.an>ple  Pa ye
02/12/90  II  28-40
                                                                                                                                  Pago 01
                                                               REGULATORY TRACKING REPORT
DIV R£G\
TYPE GENC
ERD R
*" R
ERD R
ERD R
ERD R
ERD R
ERD R
HSCD R
HSCD R
HSEO R
tecO R
K3ED R
HStO R
HSEO R
OPK R
OPH G
REG HAKE
OIL POLLUTION PREVENTION
DESIGNATION OF EX HAZ SUBS.
CONTINUOUS RELEASES
FEDERALLY PERHITTED RELEASES
EXTREMELY HAZARDOUS RQS
LOCAL REIHBURSEMENT
RQ FOR LEAD
TECHNICAL ASSISTANCE GRANTS
ADMINISTRATIVE HEARINGS/CLAIMS
HAZARD RANKING SYSTEM
NPL FINAL 10
UPDATE 9
NPL FINAL 8
NPL FINAL 7
NATIONAL CONTINGENCY PLAN
CCHPLIANCE-PART I-RCRA/MATER
REG
TYPE
WfiM
FINL
FINL
FINL
FINL
FINL
NPRH
AIFR
PROP
FINL
FINL
FINL
FINL
FINL


MQRKVSTR
CCHH\CLO
08/28/89
04/30/90
03/22/89
01/35/90
01/30/90
03/28/90
10/24/90
03/02/89
03/17/90
01/04/90
/ /
/ /
/ /
/ /
08/09/89
09/16/87
GO
SIC
10/02/89
06/08/90
08/01/89
06/15/90
06/08/90
04/18/90
12/07/90
03/07/69
03/31/90
02/08/90
02/16/90
01/31/90
10/24/89
10/06/89
09/01/89
11/30/87
AA
SIC
10/09/89
06/15/90
08/18/89
06/22/90
06/1S/90
04/24/90
12/14/90
03/07/89
04/21/90
02/09/90
02/22/90
02/07/90
11/07/89
10/09/89
09/05/89
12/07/87
RED BORD
START
10/16/89
06/18/90
08/21/89
06/29/90
06/18/90
04/25/90
12/17/90
03/27/89
04/24/90
02/12/90
02/23/90
/ /
/ /
/ /
09/06/89
12/08/67
RED BORD
END
02/09/90
07/06/90
10/20/89
07/20/90
07/06/90
05/18/90
01/11/91
06/12/89
OS/26/90
03/12/90
03/15/90
/ /
/ /
/ /
11/14/89
01/08/88
ONB
START
03/26/90
08/27/90
02/05/90
09/24/90
08/27/90
06/05/90
02/25/91
07/06/89
05/30/90
03/19/90
03/20/90
02/12/90
11/09/89
10/11/89
11/15/89
05/13/88
CMB
END
05/25/90
09/07/90
02/16/90
10/05/90
09/07/90
06/15/90
03/08/91
10/20/89
07/23/90
05/21/90
04/20/90
03/12/90
12/27/89
11/02/89
01/31/iftJ
/ /
OD
SIC
06/29/90
10/19/90
04/06/90
11/2J/90
10/19/90
06/21/90
04/12/91
10/29/89
08/06/90
OS/24/90
04/27/90
03/21/90
01/22/90
11/08/89
02/01/90
/
AA
SIC
07/06/90
10/26/90
04/13/90
1 1/30/90
10/26/90
06/2S/90
04/19/91
11/10/89
08/20/90
05/25/90
05/03/90
03/29/90
01/25/90
11/14/89
02/01/90
/ /
ADMIN
SIC
07/13/90
1 1/02/90
04/20/90
12/0/90
11/02/90
06/30/90
04/26/91
11/24/89
08/27/90
05/28/90
/ /
/ /
/ /
/ /
02/03/90
/ /
FED
REG
07/20/90
11/09/90
04/27/90
12/14/90
11/09/90
07/11/90
05/03/91
12/01/89
09/05/90
05/31/90
05/10/90
04/10/90
01/31/90
11/21/89
02/15/90
/ /
• FR
FINAL
07/20/91
11/09/90
04/27/91
12/14/90
11/09/90
07/11/90
05/03/92
09/30/91
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
                                            • FOR NPRH ENTRIES       I ORDER TO PROJECT FINAL PUBLICATION DATE

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     PLANNING:
   IDENTIFYING AND
OBTAINING DOCUMENTS

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                IDENTIFYING AND OBTAINING DOCUMENTS


      Receiving the Rulemakinq
      Once the program office informs the SDIC staff that a
 rulemaking is under development,  the SDIC staff must read the
 df*r«.™iemakl?g package to determine what support materials will
 need to be included in the docket.   This package is supplied by
 ™ ?rograffl of£ice a?d includes a description If the proposed
 ™iSia£t«n' With a i^St °f the types of ^terials specific lo the
 Sill learn':   Y     ^ the rulemakin9 Package,  SDIC personnel
           The scope of the rulemaking
           Which documents have been developed to support the rule
           What action is being taken in the rulemakiSg process
           When the comment period will  begin and end
           Who the program office contact is.
                            °f "" rule»aki"9 P«*-9-.  *" accurate

 2.    Accumulating  Materials for the  Docket:

      Both  Federal  law and EPA regulations require that the Dublin
      a?SeSS  t0  a1} »fterials of general relevance to the rule?
       th
                                         eevance  o the r
It is the responsibility of the SDIC to collect all these
materials and compile them in a public docket?  The docket
SorSa?gEa*P£0pOSed f^ationwill provide docSmen?lSo
                * C°nside
  oaE*                         provide docmenon to
Sat regulation!?* C°nsidered a11 releva^ factors in developing
renro*? data considered in the rulemaking must be
docket 2«nd^   h^ docket.  It is particularly important that the
A«I  *?    in written documents explaining EPA decisions,
A«I  *                                                  ,
reSir?; a?? calculatio«s.. Finally, the docket mus  contain
responses to all comments received from the public (public
        Period activities are explained in the section entitled
          TSI* 5eri°d Activities-">  Materials generally
         in the docket are:

          All relevant correspondence, logs of telephone calls,
          and meeting notes  (e.g., correspondence with industry.
          other government agencies and departments,  members of
          Congress, States, or the public)

          Trip reports to sites by EPA staff or contractors

          Written documentation showing EPA's consideration of
          all statutory factors
6/90

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          Written  documentation  of EPA's  rationale,  assumptions.
          and methodology

          Site  studies,  other  studies, documents,  or references
          considered by  the Agency  (except material  generally
          available to the public)

          Public comments and  EPA's response to  those comments

          Technical development  documents and  economic analysis
          documents

          The Federal Register notice and any  other  notices
          mentioning the rule

          New data gathered by EPA to support  its  decision

          Rationale for  changes  between proposed and final rule.

Program office  input is  critical in terms of identifying basic
information specific to  individual rulemakings.  The SDIC staff
should make use of this  office's guidance and  support.

     The documents to be included in the  public  docket may come
from any or all of the following sources:

          EPA program office
          EPA Regional office
          Public (in the form  of public comments.)

It is the responsibility of the SDIC staff to  accumulate all
documents that  may be relevant to the particular rulemaking.
Upon receipt the SDIC staff should review the materials, making
sure all relevant  types  of documents are  present.  SDIC staff
must also make  sure that all docket materials are legible, and
have been approved by the program office  and the Office of
General Counsel (OGC).   The staff should  identify any missing
materials, and/or  any documents not bearing the  appropriate
approval signature, and  bring  these to the attention of the
program office.  The program office will work closely with the
SDIC staff,  in person and over the phone, to assist with the
docket compilation process.
6/90                           -9-

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DOCKET PREPARATION
   CATEGORIZING
    DOCUMENTS

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                      CATEGORIZING DOCUMENTS


     As docket materials are being accumulated and compiled. SDIC
staff should group all related materials together.  SDIC staff
then decides upon the appropriate category  for each document,
according to the standard docket file structure.  The
categorization consists of a number of steps.

     Step 1:   Separate the documents into  related groups.  This
               step allows SDIC personnel to identify documents
               that may be missing, and documents that may not
               need to be included in the docket.

     Step 2:   Separate excluded documents.  Materials that are
               specifically excluded from public dockets are:

                    Purely procedural matters, such as contractor
                    selection processes, budget matters,
                    schedules, work plans,  and tracking reports

                    Intra-agency communications that disclose
                    statements of policy, opinion, or strategy,
                    or include logs of phone calls, work group
                    meetings, briefing papers, or action
                    memoranda

                    Any internal deliberative materials or
                    attorney work products

                    Draft reports and other documents, except
                    those circulated to the public

                    Documents containing confidential information
                    or trade secrets

                    Information specifically exempted by statute

                    Inter-agency memoranda or letters that would
                    not be available by law to a party other than
                    an agency in litigation with EPA

                    Personnel or medical files,  the disclosure of
                    which would constitute an unwarranted
                    invasion of personal privacy

                    Certain investigatory records compiled for
                    law enforcement purposes (e.g., records that
                    would deprive a person of a right to a fair
                    trail,  or disclose the identify of a
                    confidential source.)


6/90                          -10-

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     Step 3:    All documents accumulated for initial inclusion in
               the docket should be categorized according to this
               structure:
               Category 1:     Federal  Register Notices
               Category 2:     Public Comments
               Category 3:     Responses to Comments
               Category 4:     Communications/Correspondence
               Category 5:     Press Materials
               Category 6:     Reference Materials
               Category 7:     Support/Background Materials
               These categories are indicated by the docket
               number and color-coding, and also are reflected in
               the folder arrangement  within the dockets.
               Procedures for color-coding and arranging docket
               file folders are discussed in the "Indexing
               Documents" section.
     SDIC staff can add new categories to the docket as they are
required by new materials.   The first  new category will be logged
as "Category 8," then "Category 9," and so on.
6/90                           -11-

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DOCKET PREPARATION
    INDEXING THE
    DOCUMENTS

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                      INDEXING THE DOCUMENTS


      While the SDIC staff is collecting and categorizing the
 documents to be contained in the docket,  the staff should also
 begin the docket indexing process.   This process involves
 labelling all the documents  and  presenting them in a table of
 contents  or index in order to provide for easy retrieval   It is
 important to note that  the indexing  process may begin as soon as
 the  accumulation of documents is underway.

      Since the first seven categories in the docket file
 structure are standard  and required,  SDIC staff can begin the
 indexing  process even before the documents  are in hand.
 Undertaking the indexing task simultaneously with the tasks of
 document  compilation and categorization will help ensure that
 SDIC personnel have sufficient time  to meet the deadline for
 opening the docket to the public.

 1-    Preparing the Docket Index

      The  docket index serves as  the  official record of what is
 contained in each docket.  The docket,  with its index, will be
   n«n^an ?dm}nistrative record if  the regulation is challenged
   court.   It is therefore very  important that the index be
                                                             the
     Step  1:   Organize the documents for each docket.  The staff
               first must organize the documents for each
               individual docket into chronological order within
               each file category.

     Step  2:   Assign each document a unique identification
               number that specifies:  The docket type, category
               of document, and the sequence of the document in
               the category.  Subsequent to the ordering of
               documents, SDIC staff must assign this unique
               identification number to each document.

               As an example, the fifth
               Communications/Correspondence document in support
               of the NPL Update #2 docket would be assigned the
               following number:  "NPL-U2-4-5.11  "NPL" identifies
               the type of docket, while "U2" specifies the
               Update number of the docket as being the second
               Update.  The number "4" designates that
               Communications/Correspondence is the fourth
               category within that docket, and the number "5"
               identifies the sequence number of the specific
               document within category 4.


6/90                          -12-

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               It is important that every document in the docket
               bear a unique identification number.  When an EPA
               rulemaking is challenged, all documents will need
               to bear the identification number for court
               citation.  This number should be entered in pencil
               in the upper right hand corner of the document's
               cover or first page.

     Step 3:   Prepare document index.  The SDIC staff should
               enter the documents into the index in the
               documents' numbered sequence, with the category
               headings designating each new grouping of
               documents.  Each document should be identified in
               the index by the following information:

                         Document identification number

                         Type of document and synopsis of subject

                         From whom the document originates and to
                         whom it is sent, and the organizational
                         affiliation of the originator and
                         recipient

                         Number of pages in each document

                         Date of document (if there is no date,
                         then enter "no date.")

               Below is a sample document entry:

     NPL-U7-1-3     Amendment to National Oil and Hazardous
                    Substances Contingency Plan, National
                    Priorities List, Final Rule; Volume 49,
                    Number 90, Tuesday, May 8, 1984,49 FR 19480.
                    3 pages.                           5/8/84

               All documents must be indexed in this manner
               except for public comments.  For public comments,
               it is necessary for the identifying number to
               include a designation of the Region referenced in
               the comment.

               Below is a sample entry for an indexed public
               comment:


     NPL-U8-2-6-R5  Dayle K. Morrison, Ecologist 8/6/89
                    (8/1/89) 2 pages
                    RE:  Allied Paper, Inc.
                         Kalamazoo, MI


6/90                          -13-

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      Step 4:   Type the index in final form.  All indices are
                typed in WordPerfect.  Set the side margin for the
                left at 5, and for the right at 90.  Use 12-point
                pitch.

      Step 5:   Create cover page for the document index.  This
                page will function as a table of contents for the
                ?Zd ?T«i?deX' 1K62ti£ying the sPe°ific rulemaking
                and listing each docket category.  Each category
                entry must identify the category number, the*  *
                category name, and the page location of the

                follwsT ln the indSX'  A sanple category listing
DOCUMENT
CATEGORY
NUMBER              DOCUMENT cATTrr.nPv
           CATEGORY
           NPL-U2-1       Federal Register Notices


                This cover page is used as a "map" to identify
                i°?^%SPf£ific docunents  withinPeach doSS
                Refer to the pages following this section  for
                       Segments of a  category index and  a  document
      Step  6:    Obtain program office  review of  the draft  index.
                25?* «e ?DICuS?af? completes the draft  index, the
                staff must submit  it to the  program office for
                       •    *       NOTE:  The draft  inde* should
               be  submitted to the contact person one week ahead
               of  the  signature date.   (The signature date will
               usually be no more than  one week before the
               rulemaking is announced  in the Federal Register )
               The program office carries out the review with the
               assistance of the Office of General  Counsel (OGC.)
               OGC is  the final arbitrator of whether a public
               docket  index is complete and valid.  The program
               office  will document the approval with the "Docket
               Approval Form" (see example at the end of the
               "Quality Assurance/Quality Control"  section.)

     Step 7:   Make changes and finalize index.  When the draft
               index returns from the program office, the SDIC
               staff should revise it, if needed, to incorporate
               OERR and OGC comments,  once the index is
6/90

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                finalized,  the  document  numbers  are written in
                black ink,  where they previously were  numbered in
                pencil.

 2-   Filing the Documents  into the  Docket  File  Structure

     After the  documents have  been  indexed,  the SDIC  staff must
 prepare file  folders to accommodate the docket.   These  folders
 must be labelled with the  category  name and  the document  category
 code (e.g., Public Comments, NPL-U8-2.)  These  folders  should
 then be placed  in the filing cabinets and  stored in the indexed
 order.


 3.   Setting  Up Docket Fold*!-*

     Each document in a docket must have its own file folder  (in
 most cases.)  The folders  are  labelled  by  SDIC  staff, using
 colored numerical stickers.  There  are  three sizes of folders
 used to contain docket materials:

                Letter-size folders, manila or yellow
                3 1/2 inch  manila accordion folders
                5 1/4 inch  manila accordion folders.

 It is always  best to use the smallest size folder possible  to
 contain a document.

     In general, each document of a docket will  have  its  own
 folder.  In some cases, however, an entire docket category  will
 be very small,   in cases when  an entire category consists of  five
 pages or fewer,  all  the documents in the category may be  placed
 together in a single folder.   The label for  the  folder will
 consist only  of the  written docket  title in  the  top right corner,
 and numerical stickers on  the  first one or two  squares  (depending
 on if the category number  is one or two digits)  along the tabbed
 right edge.

     There are  three different sets of procedures for labelling a
 document folder, depending upon the type of  document  to be
 enclosed.  Both public comment documents and Reportable Quantity
 docket documents require special labelling procedures that  do not
 apply to any  other document types.  These  procedures  are
 described later in this section.  All other  document  types  are
 labelled in the  standard manner, described below.

     The folder  for  the docket index is the  first folder  in-the
docket.   Always  use  a yellow letter-size folder  for the index.
To label the  index folder, write the docket  title in black  ink,
horizontally,  in the top right corner of the folder's long tabbed
edge.   (An example of a docket title is "NPL-U7.")  No numerical
stickers are used for the  index folder.

6/90                           -15-

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     For the  folders  of  each document in each docket  category,
write the docket name in the top right corner of each folder  (as
for the index folder.)   Then attach numerical stickers to  the
right vertical tabbed edge of each folder, to represent the
unique identification number of the document stored within.  Each
sticker is one digit,  and the digits are placed consecutively
down the tabbed right side of the folder.  The steps  for
attaching the stickers as follow:

     Step 1:   Use the docket document index as a guide and
               reference for determining each document's unique
               number.   Begin with the first category in the
               docket, and determine the number of the first
               document  in that category.  An example of a number
               for the first document in the first category is
               "NPL-FRU8-1-1."

     Step 2:   Place  a number "1" at the first square on the side
               tab.   This indicates that the document is in
               category  "1."

     Step 3:   The second square on the side tab is used when the
               category  number is greater than nine.   The  second
               square accommodates the second digit,  if needed.
               If there  is no second digit, the square is  left
               blank.

     Step 4:   The third square is usually left blank.  It is
               used in the rare cases when a letter is used at
               the end of a category number, to differentiate it
               from a similar, but not identical, category in the
               docket.

     Step 5:   The fourth square is ALWAYS left blank.

     Step 6:   The fifth square is always blank except for a
               specific  application:  This square is  used  for the
               letter "L," on folders containing "late" public
               comments.

     Step 7:   The last  four squares are used to show,  in
               vertical  consecutive order, the remaining digits
               in the document's number.  In general,  the  last
               square at the bottom is not needed.  For the
               example document number "NPL-U8-1-1,"  a number "1"
               is placed in the fifth square.  The remaining
               squares are left blank.

There is an example of the folder for the NPL-U8-1-1  docket
document at the end of this section.


6/90                           -16-

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     Folders for public comments are labelled differently from
folders for other types of documents.  The "Public Comments"
category of a docket usually contains a large number of
documents.  For this reason it is often necessary to use an
accordion folder, and sometimes more than one folder is needed to
contain all the documents in the category.  When making folders
for the public comments category, place as many documents in one
accordion folder as possible, and then begin filling another
folder.  Avoid separating a single document into two folders.
The series of folders used to contain the public comments
category are labelled in this way:

     Step 1:   Write the docket title in black ink on the top
               right tabbed horizontal edge of the folder.

     Step 2:   Place a sticker number "2" on the first square at
               the top of the right tabbed folder edge.   (Note:
               Some accordion folders do not have printed squares
               on the tabbed edge.  Place the sticker where the
               square would be, according to the folders that are
               printed.)  The number "2" at the top of the
               vertical list of digits indicates that the
               category number is 2, (for public comments.)

     Step 3:   The next three squares are left blank.  If the
               public comments are "late," write the letter "L"
               in the fourth square.  If none of the comments are
               "late," leave the fourth square blank.

     Step 4:   The fifth square, and all squares thereafter, are
               used to designate the number of the last public
               comment enclosed  in the folder.  Thus, if the
               fifth and sixth squares show the digits 2 and 4,
               the label means that the folder contains public
               comments numbers  1 through 24.

     Step 5:   For the second folder, again write the docket
               title in the  top  right corner, and place a  sticker
               number 2 in the first square on the right tabbed
               edge.  Place  stickers in the fifth  (and following)
               squares to represent the document number of the
               last public comment inside.  For example, the
               digits 4 and  9 indicate that this folder contains
               public comment documents numbered 25 through 49.

At the end  of this section there is  an example of the  folder for
the NPL-FRU8 public comment  category, for documents 1  through  24.

     File folders for Reportable Quantity  (RQ) dockets require a
special labelling procedure.  This procedure  currently is being
developed.


6/90                           -17-

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4.   Incorporating Additional and Missing Documents into the
     Index

     Most types of materials may be added to the index at any
time between the time the proposed rule is drafted and the time
the rule is finalized.  To add documents to the index after
initial compilation of the docket, the SDIC staff must enter all
of the pertinent document information into the index at the end
of the appropriate category, and then number the document
accordingly.  The document then should be placed at the back of
its corresponding category of materials.  The steps for document
incorporation are detailed in the sections entitled "Public
Comment Period Activities" and "Daily Activities for Updating and
Maintaining a Docket."
6/90                           -18-

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                        Category Index  Sample
             F 1ES CCMEKfflBSTVE BlV.uuVi0r.uiL KESPCKSE,




AND LEAHELny  ACT GF 1980  (CBCLA) , AS AMENEH5 HT THE SDFH?TOND AMENMEMIS



                      AMD MKBLfxi*-*e i -sjffim ACT GF 1986




    SOEBVCND  BESPCK5E ACCICN OKHWCTCR INDEMOFICftnCN,




                           54 FR 46012 - 10/31/89



                 RIBLEC DUCXUT  INCBC - DOCKET MCKBHt U9RAC
119RAC-1                 raZERAL REGISTER NOTICES                       1



119RAC-2                 PUBLIC OCM1EN1S                              2-8



119RAC-3                 RESKJNUE TO COMMEWES                           9




119RAC-4                 CX»RESPCNIXNC^GClfIlNICATIONS                  10



119RAC-5                 KEFIREUCE MATERIAIS                            11




119RAC-6                 SUPPCRT/BACK3WJND MATEREAIS                   12

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                              Document  Index  Sample
                           (USRAC-l)
119RAC-1-1
119RAC-1-2
119RAC-1-3
              Prapaeeri Policy.
              Number 209; 54
                   Action. Contractor Indennificatian,
                  Tuesday, October 31, 1989, Volume 54,
                  46012-46029.  18 pages.
Superfund Response Action Oontractor Indemnification
Extension of Oonnent Reriod.  Wednesday, Deoentoer 27.
1989, Volume 54, Number 247; 54 PR 53184.  1
Super-fund Response Action Contractor Indemnification
Notice of Public Meeting.  Thursday, February 8  1990
Volume 55, Number 27; 55 FR 4478.  1           '
                                                                           U/31/89
                                                                           12/27/89
                                                                           2/8/90

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     Sample Folder for Docket NPL-FRU8-1-1
            (Category 1, Document 1)
                                  NPL-FRU8
S.EPA
United States Environmental Protection Agency
Office of Solid Waste and Emergency Response

Superfund Program	November 1989
        This file is EPA's record copy.
        You are responsible for keeping
        these materials intact and free
        from damage.
  DO NOT REMOVE FROM SUPERFUND DOCKET
                                                  SF0027B

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   Sample Folder for Docket NPL-FRU8-2-24
         (Category 2, Documents 1-24)
                                   NPL-FRU8
   EPA
<>crM
United States Environmental Protection Agency
Office of Solid Waste and Emergency Response
Superfund Program     November 1989
         This file is EPA's record copy.
         You are responsible for keeping
         these materials intact and free
         from damage.
  DO NOT REMOVE FROM SUPERFUND DOCKET
                                                  2
                                                  ^^•^

                                                  4
                                                   SF0027B

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DOCKET PREPARATION:
 QUALITY ASSURANCE/
  QUALITY CONTROL

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                 QUALITY ASSURANCE/QUALITY  CONTROL


     The  SDIC  staff must perform  and  ensure that  Quality
Assurance/Quality  Control  (QA/QC) procedures are  followed  for  all
docket materials.  QA/QC of docket materials is important  for  a
number of reasons:

           Materials may be used as evidence in cases of legal
           challenge

           The  public must be able to  view  legible and complete
           materials.

The  following  procedures have been established to ensure the
quality of docket  materials.  These QA/QC  procedures should be
performed on an  ongoing basis, throughout  the docket compilation
process.

1.   Performing  OA/oc

  Step n   Review all materials  for  legibility and pagination.
            Photocopies or faxes  must be readable and pages
            should not be ripped  or torn.  The Agency has been
            cited  in the past for not providing clear copies,  if
            any  pages are not legible, SDIC staff should call  the
            program office for replacement of the pages.  All
            pages  also must show  their page numbers clearly.   The
            SDIC staff must paginate  documents that do not have
            legible page numbers.  Pagination is  done with a
            Bates  stamp.

  Step 2:   Compare document data with supportive materials.
            SDIC staff must compare document data with supportive
            materials supplied by the program office to ensure
            consistency.  If there is a discrepancy, the program
            office should be notified to resolve  the issue.

  Step 3:   Ensure that program office obtained QA/QC approval
            from the Office of General Counsel (O6C).  The SDIC
            staff must make sure  that all  docket  materials have
            been approved as relevant and  nonconfidential by the
            program office in coordination with OGC.  Hazard
            Ranking System scoring pages must carry a QA/QC
            signature to ensure their approval.   Any MRS
            documents that do not bear this signature should be
            brought to the attention  of the program office.

     The SDIC staff is responsible for the organization and the
maintenance of each docket, but not for making legal judgments
concerning which documents should be  included in  the docket.  The
SDIC staff must alert the program office of any problems with

6/90                          -19-

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docket material.  It is the program office's responsibility to
resolve all issues relating to QA/QC (e.g., draft as opposed to
final background documents, missing documents,) as well as other
issues requiring resolution.  The SDIC staff should work with the
program office to resolve any problems.

2.   Obtaining Program Office Approval of the Docket

     Program office approval of the docket must be obtained by
SDIC at two points in the docket preparation process:

            Prior to the publication of the proposed rule in the
            Federal Register (e.g., before the docket is opened.)

            Prior to the publication of the final rule in the
            Federal Register (e.g., before the docket is closed.)

Program office approval must also be obtained for all
Administrative Records  (see the section entitled "Adding an
Administrative Record.")

     To obtain program office approval of the docket:

            SDIC staff telephones the program office contact
            person to set up a time for the contact person to
            review the docket.

            At the designated time, SDIC staff hand-carries the
            docket to the contact person's office.

            The contact person reviews the docket with the SDIC
            staff person, and indicates any changes that need to
            be made.

            If the docket does not require any changes, the
            contact person will approve it.  To indicate that the
            docket is correct and complete, the program office
            contact person will sign and date a "QA/QC Docket
            Approval Form"  (see sample at the end of this sub-
            section .)

It  is advisable for SDIC staff to arrange to meet with the
program office contact  person at least two days in advance of the
rule's Federal Register publication dates, in order to allow time
for any necessary revisions to the docket.
6/90                           -20-

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                        Docket Approval Form
                    Title of Rulemaking Docket









    (PRINT NAME OF PROGRAM OFFICE REPRESENTATIVE) '  ^^ Y





the  above named docket is correct and complete,  as of
       (SIGNATURE DATE)
           (SIGNATURE OF PROGRAM OFFICE REPRESENTATIVE)








              (TITLE OF  PROGRAM OFFICE  REPRESENTATIVE)
6/90                           -21-

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DOCKET PREPARATION
 REGIONAL DOCKETS

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                        REGIONAL DOCKETS
     There are of 11 Superfund Dockets:  The Headquarters SDIC,
and ten Regional Dockets located in each of EPA's ten Regions.
This section describes in detail the interaction between the
Headquarters SDIC and the Regional Dockets, as well as the
procedures the SDIC staff must follow to facilitate coordination.

1.   Preparing Materials for the Regional Dockets

     All NPL rulemaking dockets include materials that must be
sent to one or all of the Regional Dockets.  The SDIC staff must
photocopy these materials and prepare docket packages for
delivery to each of the ten Regions.  These packages must be
available for public review at the Regional Dockets at the time
of the publication of the Notice of Proposed Rulemaking in the
Federal Register.  The Regional Docket packages discussed in this
section pertain to proposed NPL rulemakings; for procedures on
final NPL rulemakings, see the section entitled "Handling NPL
Updates."

     The SDIC staff prepares and sends the Regional Docket
packages using the following procedures:

  Step 1:   Gather and copy Regional materials.  The SDIC staff
            must gather and copy all materials for inclusion in
            the Regional Dockets.  Many types of documents are
            generic to all Regions and Regional Dockets.  These
            include:

                    Federal Register notices
                    Press conference materials
                    Guidance memoranda
                    Score lists
                    Supporting documents
                    Response to comments.

            Other types of materials are Region-specific and
            should only be sent to the Regions to which they have
            relevance.  These include:

                    HRS worksheets and documentation records
                    Public comments
                    Regional transmittal memoranda
                    Correspondence/communications
                    Score revisions and name  changes
                    Additional  supporting  material.

  Step 2:   Prepare the Regional  Docket packages.  The SDIC  staff
            must prepare  individual docket packages  for each

 6/90                           -22-

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             Region.  These packages will differ in document
             content, but are organized in the same manner as the
             In*???*™*? d°??6K The docket docu»ents are placed
             in folders labelled by category name and category
             J2fnSJ ,f i?" C°de (e'g" Federal Register Notices,
             docket'folder6
   Step 3:   send out the Regional Docket packages.  SDIC staff
             sends the Regional dockets to the Regional NPL
             Coordinators.  The Regional Docket NPL Coordinators
             are listed at the end of this section.  A copy of the
             Headquarters docket index should be supplied with
             each of the Regional Docket packages.  SDIC personnel
             must include a transmittal memorandum to the Regional
             contact person (see sample at the end of this
             section)  with instructions and explanations for the
             Regional Docket staff.   The memorandum should be
             Spe2«°n EPA letterhead and must be designated "from"
             the EPA Documents Coordinator.
                                    by EPA pouch mai1'  and m"st be
                               bef°re *Ublication *at*  - the

   Step 4:    Maintain a record of which documents have  been sent
             to the individual Regions.   The SDIC staff must
             maintain a record of all documents  that are mailed to
             the specific Regions.   The documents are listed in
             the Regional transmittal memorandum,  sent  with the
             ?«SUc«?«S t0 t5e  Re9ional Dockets,  and  photocopied
             for SDIC records.   The  memorandum should include
             specifics on all  materials  sent from the SDIC.

             The purpose of maintaining  the record is to identify
             which  documents are specific to which Regions,  and
             when the documents were sent.   This facilitates the
             reconstruction of the Regional Docket package  in the
             event  materials are lost or damaged.

2"   Responsibilities of the  Regional
    The Regional Docket staff have three major responsibilities
in support of the Headquarters SDIC.  First, for eac£ proposed
NPL rulemaking, the Regional Docket staff is responsible for
sending all appropriate materials to the Headquarters SDIC for
inclusion in the docket.  These materials can include public
                          *aterials that have *.« sent directly
     Second, the Regional Docket staff is responsible for
maintaining the reference materials in support of the individual

6/90                           _23_

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 site HRS documentation records, and for the files specific to the
 NPL sites.  These types of materials are relevant to the listing
 °ay    PU"Ued Und*r * Freedom of Information Ac?9
     Third, the Regional Docket staff is responsible for the
 maintenance of its public dockets.  Again, it is important that
 inspect?       n g°°d condition an* be availableP|or public

      The Regions have been briefed regarding their
 responsibilities  but occasionally request a restatement of their
6/90

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                     Regional Docket NPL Coordinators List
      REGION 1
 Nancy Smith,  HSS-CAN 7
 U.S.  EPA - Region 1
 J.F.  Kennedy Federal Bldng.
 Boston,  MA  02203-2211
 (617)  573-5649
 (FTS)  833-9697
      REGION 2
 Ben Conetta
 U.S.  EPA - Region 2,  Rm.  759
 26 Federal Plaza
 New York,  N.Y.   10278
 (212)  264-8677
 (FTS)  264-6696
      REGION 3
 Maggie Jones,  3HW13
 U.S.  EPA - Region 3
 841 Chestnut Street
 Philadelphia,  PA  19107
 (215)  597-3437
 (FTS)  597-3437
     REGION  4
Al Hanke
U.S. EPA  - Region  4
345 Courtland Street, N.E,
Atlanta,  GA  30365
(404) 347-5065
(FTS) 257-5065
     REGION 5
Jeanne Griffin, 5HS-12
U.S. EPA - Region 5
230 South Dearborn Street
Chicago, IL  60604
(312) 886-3007
(FTS) 886-3007
6/90                           -25-

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         Regional Docket NPL Coordinators List (Continued)
      REGION 6
 Deborah Vaughn-Wright, 6H-MA
 U.S. EPA - Region 6
 1445 Ross Avenue
 Dallas, TX  75202-2733
 (214) 655-6740
 (FTS) 255-6740
      REGION 7
 Shelly Welker
 U.S. EPA - Region 7 - Library
 726 Minnesota Avenue
 Kansas City, KS  66101
 (913)  236-2828 ext. 241
 (FTS)  757-2856
      REGION 8
 Tom Burns, 8HWM-SM
 U.S.  EPA - Region 8
 999 18th Street,  Suite 500
 Denver,  CO  80202-2405
 (303)  293-1817
 (FTS)  564-1817


      REGION 9
 Lisa  Nelson,  H-8-1
 U.S.  EPA - Region 9
 215 Fremont Street
 San Francisco,  CA  94105
 (FTS)  454-7761
 (FTS)  454-1963
     REGION  10
David Bennett, HW-093
U.S. EPA - Region  10
1200 Sixth Avenue
Seattle, WA  98101
(206) 422-2103
(FTS) 399-2103
6/90
                               -26-

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                    Sample Transmittal Memorandum to
                   Accompany Regional Docket Packages

      [NOTE: THIS MEMORANDUM IS TO BE PRINTED ON EPA LETTERHEAD]


MEMORANDUM

Date:     (Insert date)

Subject:  NPL-Update #(number) Materials for the Public Docket

From:     (Insert name)
          Superfund Documents Coordinator

To:       (Insert name)
          Region  (number), NPL Coordinator


     The attached materials are in support of the NPL-Update
#(number) public docket, which you should establish in your
library with the earlier NPL and Updates #(number), #(number),
and  #(number) dockets.  The NPL-Update #(number) has been
published as a proposed rule in the Federal Register and it is
therefore imperative that you make these documents available for
public inspection via  the public docket upon receipt of these
materials.

     Enclosed in this  package are documents that support the
"Proposed" NPL-Update  #(number) rulemaking for your Region.
Please leave the documents intact and in the folders sent to you.
Please place all of the documents in your docket in numerical
order according to the labels on the folders.  The index enclosed
is the "Proposed" index for this rulemaking and should be housed
with the docket materials.  Remember that you will have only the
documents relevant to  your Region, while Headquarters has the
entire docket with materials from all the Regions.

     Additional docket materials eventually will be added to this
docket.  Specifically, site-specific comments received during the
60-day comment period  and other documents in support of the  NPL-
Update "Final" rule.   We will transmit these materials to you as
they are developed.

     Today you have received the following documents relevant to
your Region:

            Category                     Documents

          (list numbers)               (list numbers)
6/90                           -27-

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     Please do  not  hesitate to call Headquarters program office
or SDIC personnel,  should you have any questions.


Enclosures
6/90                           -28-

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DOCKET PREPARATION:
HANDLING NPL UPDATES

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                       HANDLING NPL UPDATES
 1.    Background
     When the National Priorities List (NPL) was first
established, the original set of proposed sites was finalized
w°,?ethur as one lar?e group.  Again, with the first update to the
NPL, the proposed sites all went final together at the same time.
However in 1986, when NPL Update 2 went final, not all of the
proposed sites made it to the final rule.

     To accommodate the fact that NPL sites that are proposed
together in one group do not always go final together, a cross-
           fnalrule ^dex format was created.  The dockets for
 »!  ™           1                         eae.     e  ocets
 all  NPL final  rules  are now indexed  according to this  format
 2-   NPL  Final Rule  Cross-Reference  Index
 ^^al1v.°f  3he.NPL final rule  index  format  is to  "close"
 final rule dockets of  finalized NPL  sites,  even though some  sites
 proposed  in the  same NPL Update remain  pending,  often an  NPL
 proposed  Update  will list  sites that do not all go final at  the
 same time.   Until all  of  the listed sites  go final,  it is
 necessary to keep the original Update docket  "open."  However  it
 is also necessary to "close" final rule dockets for  the sites
 that do go final.  These requirements are accommodated by  means
 of a cross-referencing  process.

 in MT>?h^II^ fi?al.rufe index format involves written references,
 S. f^ nal1ruje *0***ts>  to ^terials in  NPL Update dockets.
 The final rule docket for  a finalized NPL Update contains  only
 some of the documents that support the  ruling (e.g.,  those
 documents that relate specifically to the finalization of  the
 Update sites.)   The  rest of the documents in  support  of the
 ruling (e.g., the documents acquired during the period the Update
 n1^6? WerVJU1 in  "ProPosed» status,) remain in their original
 update dockets.

     When an NPL Update  is  proposed, an Update docket for  the
 proposed  sites is opened.   All the documents  that are included in
 that initial Update  docket  will remain  permanently located there.
 As more documents are accumulated in support  of the various
 proposed  sites, they also will be collected and permanently
 retained  in the Update docket.  At the  time that a final ruling
 occurs,  a final rule docket is created.  The  final rule docket
 includes  all sites going final in the final rule.  The pertinent
documents that currently reside in the  proposed sites' Update
dockets remain, physically, in the Update docket.  However,  since

 6/90                          -29-

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 the documents support the final ruling on the proposed sites
 there must be a way to access them via the final rule docket!
 The documents are made accessible through the final rule docket
 by means of final rule index cross-references.

 f.    All materials in the Update dockets that pertain to a
 finalized site are cross-referenced,  in the final rule docket
 index,  to the original dockets where  they reside.  The materials
 are listed in the final rule index and are labelled as a "Crols-
 Reference" to their respective proposed Update dockets,  in this
 way it is possible for the final rule index to contain references
 to documents that physically reside,  not in the final rule
 dockets themselves, but in the dockets of the various Updates
 ^"^ Pro?°sed Update site is finalized, the final rul! docket
 for that site may be closed, even though some documentation on
 the site is retained in the ~ still  open — Update docket?

  Identifying and Transcribing References.
The process begins when the program office sends the SDIC staff a
oi™ °£ 2*L ^ltes that are about to be finalized.  At that time,
SDIC staff should undertake the following steps:


                       Stage 1:  Preparation

  Step 1:   Using the  list provided by the program office, SDIC
            determines in which Region each site is located, and
            also in which update each site originally was
            proposed.

6/90                           -30.

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  Step 2:   SDIC staff should then organize the site names on the
            list in the following order:

                  By Region
                  Alphabetically by State, within each Region
                  Alphabetically by site, within each State.

            It will be helpful to rewrite the list of site names
            once they have been sorted into this order.  The list
            of ordered site names will facilitate completion of
            the next set of steps.


             Stage 2:  Retrieval of Existing Indices

  Step 1:   Retrieve and photocopy the index of each NPL Update
            docket that contains a site appearing on the list.

  Step 2:   Separate each index into its individual categories
            (e.g., Federal Registers. Public Comments, Press
            Materials, etc.)

  Step 3:   Group together the like categories from all the
            indices  (e.g., all the pages of the index that list
            Federal Registers. all the pages listing Public
            Comments, and so on.)

        Stage  3:   Identifying and Transcribing References

  Step 1:   For each category, identify the site-specific entries
            that pertain to any site on the program office list.

  Step 2:   Transcribe the identified entries from the NPL Update
            indices onto a separate list.  This step is
            accomplished through the following process:

                    For each site, note the number of the Update
                    in which it was originally proposed.  Refer
                    to the index of that Update.

                    Scan the Update index, and identify any
                    references to that site.  If there are no
                    references, go on to the next site.

                    For every reference to the site that you find
                    in the Update index, transcribe the entire
                    reference from the Update index onto a new
                    master list.  Do this for all the categories
                    in the Update index.  These new lists will be
                    made into cross-references in the final rule
                    index.

6/90                           -31-

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      An example of a transcribed reference is shown below   The
   content and format of the document description iS identical
   S?nWaL±1: aP?6a^S in the U*date inde*' the "Sly"
   ftna?
      NPL-FRU8-1-1   Cross Reference NPL Update #9 Document NPL-
                     U9-1-1.  Presidential Documents - Response to
                     Environmental Damage; Volume 46, Number 161
                     Thursday, August 20, 1981, FR 42237.  4
                                                           8/20/81
   Step 3:    Type the final rule index for the set of sites   The
             documents in each category of the fina? r^Je ?ndex
             category?       differently,  depending on the


                          Federal Registers are ordered
                          chronologically

                          Public comments  are ordered by Region,

                          lea?QalPha$e^Ca11? by State iithi« ^ch
                          Ref5on'  and then alphabetically by site
                          within each State

                          Responses to Public comments are ordered
                          chronologically

                          Communications are ordered  by Region.
                          and chronologically within  each Region

                          Press  materials  are ordered by Update

                          Reference and support materials are
                          ordered chronologically.

3-  Finalizing the FJnal  Rllle Tnr^v


                                               ' SDIC
                         Bring the typed final rule index to the
                         program office contact person for
                         approval.  Program office approval is
                         documented on the "Docket Approval Form"
                         (see the sample at the end of the
                         "Quality Assurance/Quality Control"
                         section.)

                         Upon approval by the program office,

-------
                         photocopy 12  copies of the final rule
                         index.

                         Send one copy of the index to each of
                         the ten Regional Dockets,  along with a
                         transxnittal memorandum (see sample at
                         the end of this section,)  and copies of
                         the appropriate final rule documents.

                         Bring one copy to the program office
                         contact person.

                         File one copy in the SDIC Index of
                         Dockets

                         File the original in the final rule
                         docket.
6/90                           -33-

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                   NPL Final Rule Category  Index Sample
                    HM3EHAL COL AND HAZARDOUS SOBSDWCE

          THE NATIONAL
                                    HAZAfoJuuS

   FINAL RUE — UPDATE 8, 55 FR 6154  2/2V90

              PUBLIC DOCKET INDEX

                   (NPIrfHOB)
                                                                        sms
 DOCUMENT
                                                                                INDEX
                                                                                PAGE
 NPL-FHJ8-1

 NPL-FHJ8-2
 NEL-FHJ8-3

 NPL-FHJ8-4

 NEL-FHJ8-5

 NPL-FHJ8-6

 NPL-ETO8-7


 NPL-FHJ8-7A


 NPL-fHJ8-8

NPL-FTO8-9

NPL-FHJ8-10

NPL-naj8-ll
         REGISTER NOTICES

 72 HAZARD RAMONS SYSTEM PftOWGES INCLUDING:
 HRS VCRKSHEEIS, DOCUMENEATICN RBOGRDS,
 NARRATIVE SUMMARIES,  BIB£JOGRAFH]f OF
 ****xaKE DDCUMEWIS AND IISTING POLICY
 SUPPORT DOCUMENTS

 PUBLIC CCtMENTS REGARDING THE NPL FINAL SITES

 PRESS MATERIALS

 FINAL SITES NPL GUIDANCE DOCUMENTS

 FINAL SITES SCORE LISTS

 REGIONAL TRANSMriTAL MEMORANDA
 (REGARDING PROPOSAL OF SITES)

 REGIONAL TRANSKmAL MEMORANDA
 (REGARDING FINALIZATION OF SPIES)
NAME CHANGES

RESPONSE TO COMMENTS (SUPPORT DOCUMENT)

ADDITIONAL SUPPORTING MATERIAL
  1-3
  4-11

12-37

   38

39 - 43

44 - 46


47 - 68


69 - 70

71 - 74

   75

   76

   77

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                    NPL Final Rule Document Index Sample
                             (NPL-FRO8-1)
  NEL-FHJ8-1-1
                                             #9

                                    wnts - Response to Environmental Damage;
                                    161, Thursday,  August 20.  1981  45 TO
                                                     ^      *  ™^»• f  *• W * ^\
  NPL-FRU8-1-2    Cross Reference NPL Update
                  National on and Hazardous
 «mn-i-l    tt. F^^ce ^update ,7 Doc*** WWI7-W.
 NPL-FRU8-1-4
                 49 PR 37070.  21 pages.
 NPL-FHJ8-1-5
NEEHJ7-1-5.
                      n.                   en      J7-1-5.
                    riment to the National on and Hazardous Substances
                             Plan, National Priorities List,          ^
 NR,nn.i-6
                                 NPL Update  #8 Document NPL-U8-1-6.
                             n   ^f!!?008  Sutetances Pollution
                             Plan;  Proposed  Rule; Volume 50, Ntmfcer 29
                        ,  February  12, 1985, 50 FR 5862.  70          '
                                                                  .
                          to the National on and Hazardous Substances
                Contingency Plan, the National Priorities
NEL-FHJ8-1-8
                                           #6 ******* NPL-U6-1-8.
                         Oil and Hazardous Substances Contingency Plan
                                              179-
                                                                               8/20/8^-
                                                                               7/16/82
                                                                               9/8/83
                                                                               9/2V84
                                                                              10/1.'
                                                                              2/12/85
                                                                              4/10/85
                                                                              9/16/85

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                  NPL Final  Rule Document Index Sample
                   (NPL-FTO8-3)
  CCMttCTTCOr

  NPL-FHJ8-3-1
 MADE

 NPL-FRU8-3-2
 NPL-FFU8-3-3.
 NPL-FFU8-3-4
 Cross reference NPL Update #7 Document NEL-U7-3-110-R1
 R.  Bradford Fawley,  Murtha,  cullina,  Richter and Pinnev
 (8/22/88)   244 pages.                                  r
 Re:  Linemaster Switch Corporation, Woodstock, CT
Cross Reference NPL Update #9 Document NPIHJ9-3-L3-R1
Terry A.  Burke, Colonel, USAF Commander, Department of
the Air Force  (9/11/89)  2 pages.        ^^
Re:   Loring Air Force Base, Limestone, ME

Cross Reference NPL Update #7 Document NPL-U7-3-107-R1
Mary  Kahl, Esq., city Solicitor, city of Saco (8/22/88)
Re:  Saco Municipal landfill, Saco, ME

Cross Reference NPL Update #7 Document NPL-U7-3-U17-R1.
Mayor Paul A. Janson, City of Saco (9/6/89)  l
Re:  Saco Municipal Landfill, Saco, ME
                                                                               8/23/88
                                                                               9/14/89
                                                                               8/23/88
                                                                              9/14/89
 NPL-FKJ8-3-5     Cross Reference NPL Update #7 Document NPL-U7-3-3-R1
                 Patricia A. Howard (7/17/88)  l page.
                 Re:  Atlas Tack Corporation, Fairhaven, MA

 NPL-FHJ8-3-6     Cross Reference NPL Update #7 Document NPL-U7-3-109-R1.
                 William N. Hedeman, Jr., Beveridge & Diamond, P.c. for
                 Atlas Tack Corporation  (8/23/88)  25 pages.
                 Re:  Atlas Tack Corporation, Fairhaven, MA

 NPL-FFU8-3-7     cross Reference NPL Update #7 Document NPL-U7-3-L53-R1.
                 William N. Hedeman, Jr., Beveridge & Diamond. P.c.
                 (12/2V88)  46 pages.
                 Re:  Atlas Tack Corporation, Fairhaven, MA

NPL-FFU8-3-8     Cross Reference NPL Update #7 Document NPL-U7-3-L66-R1.
                 William N. Hedeman, Jr., Beveridge & Diamond. P.c.
                 (3/6/89)   7 pages.
                 Re:  Atlas Tack Corporation,  Fairhaven, MA
                                                             7/21/88
                                                             8/23/88
                                                             12/28/88
                                                             3/24/89

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                       NPL Final Rule Document Index Sample
   NPL-FTO8-4-1
                 Cross Reference NPL update #2,
                 Press Rele^ r-auk^,= L^r the National Priorities *iist
                                                 Document NPL-U2-4-1.
                  arirtTv^Trr^ ^Tr"1*" ^ ™ National Priorities Li
                  and Update #2 and Ha^^dous Waste Site Descriptions.


  NFL-FTO8-4-2    Cross Reference NPL Update #2,  Document NPIHJ2-4-3.
  NPL-FRU8-4-3   ****™£™ NPL Update #3, Document NPL-U3-4-1.
  NPL-FTO8-4-4
  NPL-FRU8-4-5   Cross Reference NPL Update #4 Document

                 Waste Site Descriptions.  61 pages.

  NPL-FRU8-4-6   Cross Reference NPL Update #4 Document NPL-U4-4-2
 NPL-FHJ8-4-7
 NPL-FRU8-4-8
                Cross Reference NPL Update #5 Document NPIHJ5-4-1.

                Waste Site Descriptions.  63 pages.                °US

                Cross Reference NPL Update #6 Document NPL-U6-4-1
                SSI/Ir*!!! Packa
-------
                        NPL Final  Pule  Document  Index Sample
                                           (NPL-FHB-10)
  NEL-mJ8-10-l
 NPL-FHUB-10-2
 NFL-FRU8-10-3
NFL-FRU8-10-4
NFL-FRU8-10-5
                                                         NEL-U5-10-10.
                                Response to Cement NPWJ5-3-L21.
                                       JJa2art*3US site Control Division,
 Natural Resources and Environmental Strolf Vpages
 Cross Ref en
 EPA's
                                                                               10/23/86
                                                                              4/17/87
                                s NPL Update #6 Document NPL-U6-10-13.
                                Letter Regarding Qooment NPIHJ6-3-91-R5.
                                       Hazardous site Evaluation Division,
                                   ,  seyfarth,  Shaw, Fairueather & Geraldson.
Cross Reference NPL Update #7 Document NPL-U7-10-2

SfdSTS!?6 IStter Re9a«iin9 Cament NPL-U2-3-L48 an the
^^i^^?Uftl?- DOE/ARMO. St. Charles, MD
B.K. Biggs, Chief,
waste Management
                                                                              5/6/87
St. Charles Countians Against Hazardous Waste.

Support Document for the-Revised National Priorities
List Final Rule - February 1990.  767 pages.  Writies
4/9/85



2/90

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                 Sample Transmittal Memorandum to
          Accompany Regional Docket Final Rule Materials


   [NOTE:   THIS MEMORANDUM IS TO BE PRINTED ON EPA LETTERHEAD]

 MEMORANDUM


 Date:        (Insert date)


 Subject:     NPL Update Final Rule - Update # (number)


 From:        (Insert name)

             Superfund Documents Coordinator


 To:          NPL Coordinators
             Regions I-x


     The  materials  sent to you today  are a complete index and

 Sanu^Ld°?rent? f°r.a nSW final ™le:   *-inalPRul! Update
 # (number)  (insert month and year of final rule)  — (insert
 number) new final NPL sites.                        l insert
MOT Tr     indfx  is  cross-referenced with materials from Updates
number On    number> '  NPL-U# (insert  number),  and NPL-U# (insert


     Enclosed in the NPL-FRU# (insert  number) docket are also  non

                            that  consist of :   (iist nateriais
hM^.«      a?y ^f^1008 or Problems, please  do  not
Think you?        (insert name of SDIC staff person)  at 475-9374.
Enclosures
6/90                           .34.

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  PUBLIC COMMENTS:
PUBLIC COMMENT PERIOD
      ACTIVITIES

-------
                 PUBLIC COMMENT PERIOD ACTIVITIES


      The public comment period provides the general public with
 =«L???°r™  y,t0 ®?Press their knowledge and opinions on each
 specific EPA rulemaking.   This comment period varies among
 rule-makings, but its time frame is specified in the Federal
 Register.                                            	

      The comment period begins upon announcement of the
 SiTSS i?9  ? ^ Federal Register.   The beginning of the comment
 period signals the opening of the docket.   Similarly,  the end of
 3£ nnJT^  Period closes the docket to public commeAt,  although
 the public may still access the docket materials.   EPA must
 S™   ?r  K686.,conunents when finalizing the rulemaking,  so the
 comments should be carefully organized and clearly documented in
 the index.   The procedures for receiving public comments and
 incorporating them into the docket are outlined below?

   Step 1:    Collect public comments.   Public comments  may be
             transmitted to EPA verbally or in written  form.
             Members of  the public may deliver their verbal
             comments, by phone or in person,  only  to the
             appropriate program office.   The program office is
             responsible for transcribing these comments  and
             delivering  them to the SDIC.

             For NPL dockets,  the  SDIC receives all  written
             comments through the  Hazardous Site Evaluation
             Division (HSED).   An  »in-box«  has  been  set up in this
             °£ «   for  the collection of all  comments.   SDIC
             staff  should  pick up  the  materials from this box once
             daily  after the afternoon mail has been delivered
             (3:00  p.m.).   This office is located in Room M2632.
             Commentors  to other types of dockets are directed to
             mail their  comments directly to the SDIC;  however
             some comments may reach the  SDIC by way of the
             program office or a Regional office.

             The comment time  period is stated  in the preamble  to
             the rule in the Federal Registry,   comments  received
             during this period will be deemed  "on-time"  and must
             be responded  to by EPA.   "Late" comments do  not
             necessitate an EPA response  if there is not
             sufficient time for a response before the  rulemaking
             is finalized.  Late comments may be placed in  the
             docket  at the discretion  of the program office.

  Step 2:    stamp  and date the comment.  Each document must be
             stamped "received" in the upper right hand corner  and
            marked with the date received  in blue or black ink.
            A comment's postmark determines whether it has been

6/90                           _35_

-------
                  e™11  Therefore it is very important
             that SDIC personnel be careful to maintain the
             envelope intact, and keep it attached to the comment.

   Step 3:    Send public comment acknowledgement letters.  The
             program office requires that for all NPL dockets an
             acknowledgement letter be sent in response to every
             commentor.  The letter should confirm that the
             comment was received and explain that EPA response
             ™  cn?i10?'~U* may take as lon* as nine months.
             The SDIC staff is responsible for producing this
             letter.  It is a form letter typed on EPA letterhead,
             and stamped with the signature stamp of the HSED
             Director.  These letters will differ depending upon
             the -type of comment (e.g.,  "on-time" versus "late"
             comments.)  Examples of both types of comment
             acknowledgement letters are shown at the end of this
             section.  A copy of each letter should be kept for
             the docket, and should be filed in the category
             entitled "Responses to Comments."

             The SDIC staff generally is responsible for sending
             comment acknowledgement letters to commentors
             requesting an extension of  the comment period,
             although these types of comments will sometimes
             require a program office response.   If a comment
             acknowledgement letter is prepared by an office
             outside of the SDIC,  it is  that office's

             STfSS^i1?7*?0 *etain a  copy of the resP°nse and
             deliver it to the SDIC.   It is useful for SDIC
             personnel to remind the program office and the
             Regional offices of this fact at the beginning  of
             each  comment period.

             Only  public comments  to NPL dockets  require
             acknowledgement letters at  this time,  but it  is
             possible that a program office will  require this
             procedure for other types of dockets in the future.
             In this case,  the program office would prepare  the
             form  letters with the  appropriate Director signature.
             and supply them to the SDIC staff.

  Step 4:    Assign  the comment its unique identification number.
             As with all docket materials,  each pubic  comment must
             be assigned an identification number corresponding  to
             the rulemaking to which  it  refers, and  its  place
             within  that docket.  The  category number will be the
             number  originally assigned  as  the "reserved" public
             comment section for the docket.

  Step 5:    Update  the  docket index.  The  information needed for
             entering a  public  comment in  the  docket index differs
6/90

-------
             from that needed for indexing other documents.   The
             public comment document index must include:

                     Assigned identification number

                     Name and organization of the commentor

                     Site and Region being commented upon

                     Date of letterhead in closed parentheses (if
                     none exists,  "no date" should be entered)

                     Total number of pages of comment

                     Date public  comment was recorded as  received
                     at the SDIC.

   Step  6:    Copy documents for appropriate EPA offices.   SDIC
             personnel must make  copies of public comments to be
             distributed to the appropriate program office.   Three
             sets of copies are made for comments pertaining  to
             NPL rulemakings.   The SDIC staff must send one set  of
             copies to each of the following:

                     The contractor designated by EPA to  respond
                     to public comments

                     The Regional  Coordinator

                     The Regional  Docket,  for inclusion in the
                     Regional  docket.

             Reportable Quantity  (RQ),  Title III  of SARA,  National
             Contingency Plan,  and other similar  dockets  require
             only two sets of  copies be made;  one set for each of
             the  following:

                     The contractor designated by EPA to  respond
                     to public  comments

                     The Program Office.

             (Note:   Three  copies  are provided  sometimes, per
             instructions  stated in  the  Federal Register.)

  Step 7:   Send materials to  appropriate EPA offices.  The SDIC
            staff should deliver  the copies  for  both  the program
            office and  the contractor to the program  office.   A
            delivery "box" in the program office  should be used
            to deliver  copies to the contractor.  These copies
            should be sent to the contractors with a  transmittal
            form memorandum identifying the attached  copies and

6/90                           _37.

-------
            the delivery date (see sample at the end of this
            section.)

            For NFL dockets,  the Regional NPL Coordinators
            receive copies of all generic issue comments.
            However,  if a comment is site-specific,  the Regional
            NPL Coordinators  will receive a copy of  it only if
            the referenced site is within their Region.  The
            original copies of public comments are retained in
            the Headquarters  docket.  The SDIC retains all copies
            for delivery to the Regions until the close of the
            comment period, at which time all copies are sent
            together to the Regional Dockets.

            SDIC personnel must send the copies with a
            transmittal form memorandum describing the materials
            (this memorandum is a copy of the same memorandum
            sent to the contractors, as shown in the example at
            the end of this section.)  "Late" comments should be
            sent to the Regions on a weekly or "as received"
            basis.

  Step 8:   File public comments and copies of acknowledgement
            letters.  SDIC staff should place the public
            comments, with their envelopes attached, and
            photocopies of the EPA acknowledgement letters, into
            the appropriate docket files.  These should be filed
            in chronological order in the category for public
            comments.  The public is granted access  to the public
            comments as soon as they are logged into the index
            and assigned identification numbers.  Public comments
            should be logged in as soon as they are  received by
            SDIC personnel.
6/90                           -38-

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     Sample  Acknowledgement  Letter for On-Time Public Comments

      [NOTE:   THIS  LETTER IS TO  BE PRINTED ON EPA LETTERHEAD]




                                            (Date)


 (Name of Commentor)
 (Address of Commentor)
 (City, state    Zipcode)

 Dear (Insert  Name  of  Commentor):

     This letter acknowledges the receipt of your recent  comment
 on the proposed amendment to the  National Priorities List (NFL)
 which was published in the  Federal Register  on (insert date of
 publication.)   Your comment was incorporated into the public
 docket as comment  number (insert  number),  dated  (insert date  of
 comment), received (insert  date received.)

     EPA will evaluate and  consider all comments  postmarked by
 (insert date),  which  is  the end of the formal  comment period.  We
 will respond  to all site-specific comments in  the Support
 Document which will be available  in the public docket upon
 announcement  of the final regulation  in the  Federal  Register.
 EPA  will respond to general comments  regarding the NPL in the
 preamble to the final rule.  Due  to the large  volume of public
 comments that is anticipated and  the  complexity of issues
 involved, EPA anticipates that as much as nine months may elapse
 after the close of the comment period before a final decision is
 made on sites included in this proposal rule.

     If you have any questions regarding  the proposed NPL, call
 (insert name  of appropriate NPL Coordinator),  (insert title of
 named NPL Coordinator),  at  (insert telephone number.)  Questions
 regarding public docket  information should be  directed to (insert
 name of SDIC  staff) at (202) 382-3046.
                      Sincerely,
                 (Stamp with signature stamp)
                  (Insert title of signator)
6/90                           -39-

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      Sample Acknowledgement Letter for Late Public Comments

        [NOTE:  THIS  LETTER  TO  BE  PRINTED ON  EPA  LETTERHEAD]




                                             (Date)


 (Name of Commentor)
 (Address of Commentor)
 (City, .State   Zipcode)

 Dear  (Insert name of  commentor):

     This letter acknowledges the receipt of your recent comment
 on the proposed amendment  to the National Priorities List  (NPL)
 which was published in the Federal Register on  (insert date of
 publication.)  Your comment was  incorporated into the public
 docket as comment number (insert number), dated  (insert date of
 comment), received  (Insert date  received.)

     The formal comment period closed  (insert date.)  However,
 EPA will consider late comments  to the extent practicable.  We
 will respond to all site-specific comments  in the Support
 Document which will be available in the public docket upon
 announcement of the final  regulation in the Federal Register.
 EPA will respond to general comments regarding the NPL in the
 preamble to the final rule.  Due to the large volume of public
 comments that  is anticipated and the complexity of issues
 involved, EPA  anticipates  that as much as nine months may elapse
 after the close of  the comment period before a final decision is
 made on sites  included in  this proposal rule.

     If you have any  questions regarding the proposed NPL, call
 (insert name of appropriate NPL  Coordinator), (insert title of
 named NPL Coordinator), at (insert telephone number.)  Questions
 regarding public docket information should  be directed to  (insert
 name of SDIC staff) at (202) 382-3046.
                      Sincerely,
                 (Stamp with signature stamp)
                  (Insert title of signator)
6/90                           -40-

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 Sample Transmittal Memo to Contractors and Regional Contacts, to
                     Accompany Public Comments



                                                     (Date)


 (Name of EPA Program Manager)
 U.S.  Environmental Protection
      Agency
 OSWER/OERR/HSED
 401 M Street,  S.W.
 Washington,  D.C.  20460


 Subject:     EPA Contract Number (insert number) ,  Work Assignment
             (insert number)
             Docket Compilation Support for NPL Update # (number)

 Dear  (Insert name) :
i-«  ^     £ollowinf NPL Update # (number)  documents are forwarded
??J£   fr5 2am? °f =ontract°r) of (insert name of contracting
firm),  and Regions # (number) ,  # (number) ,  and  # (number)  NPL
Coordinators  per your  request of (date.)

            NPL Update # (number)  Updated Index Pages
            NPL Update #( number)  Public  Comments:

                     (insert  list of document  numbers)

            NPL Update # (number)  Correspondence/Communications:

                     (insert  list of document  numbers)


Please  call me  at (202) 475-9374  should  you have  any  questions.

                              Very truly yours,
                               (Name of Company)
(Signature)
(Name)
cc:  (Insert name), EPA WAM  (letter only)
     (Insert name of contractor) with listed documents
     Regional NPL Coordinators
            with Regional-specific documents

6/90                           _41_

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  CHALLENGED SITES:
      ADDING AN
ADMINISTRATIVE RECORD

-------
       ADDING AN ADMINISTRATIVE RECORD FOR CHALLENGED SITES


    Affected parties often  initiate challenges to an EPA
rulemaking concerning an NPL site listing.  This must be done
within 90 days of the date  the  final rule was published.  The
SDIC must complete an Administrative Record for every challenged
listing.  Due to the legal  nature of the Record, its compilation
is strictly supervised by the OERR program office.  The
administrative record will  serve as an official record of the
decision to list the site,  and  will be used by EPA to defend its
decision in the U.S. District Court.

1-    Creating and Administrative Record for NPL Updates

     When creating an Administrative Record for NPL Updates  a
new category is added to the docket category index that includes
the challenged site.  It is entitled "Site-Specific Material."
This category is added to the standardized file categories listed
in the "Categorizing Documents" section.  The materials in this
file are specific to the individual site challenged.  The steps
for adding an Administrative Record to the docket are as follows:

  Step l:   Add the new category, "Site-Specific Materials," to
            the final rule  index in which the site is included.
            This category will  be the last one added to the final
            rule index.

  Step 2:   Gather all of the site-related materials from the
            Regions and the SDIC.  These materials include:

                    Bibliographic materials supporting the HRS
                    Worksheets  and Documentation Records

                    Reference materials in support of the
                    Documentation Records

                    Regional program office file materials
                    relevant to the listing of the site,  and
                    available for public review.

            These materials must:

                    Be relevant to the site's listing only

                    Occur within a time frame that is before the
                    Administrator signs the final rule

                    Be screened by Regional Counsel for
                    confidential material and material
                    applicability


6/90                          -42-

-------
                    Have QA/QC checks of materials for legibility

                    Be paginated by SDIC staff, if not already
                    paginated.

            Some additional materials can be added by the program
            office as supportive to the final rule.  These
            documents must meet the same criteria as stated
            above.

  Step 3:   Create a document index.  Refer to the "Indexing the
            Documents" section for detailed instructions.  Log in
            all of the documents to the "Site-Specific Materials"
            document index in chronological order.

            A sample page from an Administrative Record document
            index is shown at the end of this section.

  Step 4:   Paginate all of the documents, including the site-
            specific materials already in the docket, with a
            Bates pagination stamp.  The identification numbers
            of the documents are not affected.  While paginating
            old documents, the SDIC staff person should QA/QC all
            documents to ensure that copy is legible, that all
            pages are present, and that copy meets docket
            quality.

  Step 5:   File new documents in the section of the final rule
            index entitled "Site-Specific Materials."

  Step 6:   Submit the Administrative Record index to the program
            office and OGC for final approval.  Arrange with OGC
            to view the paginated documents.  The program office
            and OGC will document their approval with the "Docket
            Approval Form" (see example at the end of the
            "Quality Assurance/Quality Control" section.)  When
            approved, OGC will submit the Record to the court.

  Step 7:   Provide public access to the Administrative Record
            when the final record and index are submitted to the
            court.  Access is in the same manner as for the rest
            of the public docket.

     Some recent lawsuits have indicated the types of materials
necessary or appropriate for the Administrative Record.  In the
case of the NCP and Claims rule challenges, the public docket
indices stood as the Administrative Record without further
document inclusions.  In the past, however, workgroup meeting
minutes and the like were added to the docket materials to
constitute an Administrative Record.  Any materials that are
questionable should have OGC and program office review prior to
inclusion in the Administrative Record.

6/90                           -43-

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    There  is  the  possibility that along with OGC and EPA program
office  staff,  SDIC  staff may be  required to attend a limited
number  of  meetings  with the Department of Justice to discuss the
Administrative Records and materials.  This occurs infrequently.
6/90                           -44-

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                 Administrative Record Document Index Sample
 SITE  SPECIFIC MATERIAL  (NPL-U2-15)

 REGION V

 NPL-U2-15-1  FT.  WAYNE  REDUCTION HUMP.  FT.  WAVMP,  TXI

 NPL-U2-15-1-1    Appendix A - Uncontrolled Hazardous
                  Waste Site  Ranking System; A users
                  Manual.   Federal Register* r  Volume
                  47, Number  137,  47 FR 31219.   HRS
                  Reference #l.   26 pages.
 NPL-U2-15-1-2
 NPL-U2-15-1-3
 NPL-U2-15-1-4
NPL-U2-15-1-5
NPL-U2-15-1-6
NPL-U2-15-1-7
 Dangerous Properties of Industrial
 Materials, 5th  Edition.   Sax,  N.
 Irving; 388-389 ppg.
 HRS Reference #2.  2 pages.

 Table of  well  Evaluations at  Ft.
 Wayne Site.   HRS Reference #3.
 2  pages.

 Well   Logs/Monitoring  Wells   R-l
 through R-4.   HRS Reference  #4.
 4  pages.

 Ft.  Wayne  Site  Sampling Results
 Completed  7/7/83.   HRS Reference
 #5.  Ecology and Environment, Inc.
 for EPA.   11 pages.

 Ft.  Wayne Site Sampling  Results
 Completed  8/16/83.   Attachments.
 HRS  Reference  #6.   Ecology  and
 Environment, Inc.  for EPA.
 34 pages.

Ft.  Wayne Site  Sampling  Results
Completed  8/16/83.   HRS Reference
#7.  Ecology and Environment,  inc.
for EPA.  31 pages.
                                        7/16/82
                                                          1979
                                                          (undated)
                                                         3/28-3/29/8?
                                                         6-7/83
                                                         5-8/83
                                                         6-8/83

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    DOCKET MAINTENANCE:
DAILY ACTIVITIES FOR UPDATING
  AND MAINTAINING A DOCKET

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      DAILY ACTIVITIES FOR UPDATING AND MAINTAINING A DOCKET


     The Superfund dockets require continual  maintenance,  as
 documents may be added to the dockets after  initial  compilation
 is  complete.   Most of these  documents can be added to the dockets
 and indexed immediately.   The exceptions  to  this  practice are:

             .   Adjusted Final Hazard Ranking System  Worksheets

                Documentation Records

             .   Other support documents that  respond  to public
                comments.

 These records  have been adjusted  or  prepared in response  to
 public  comment,  and should not be available  for viewing until the
 rule is final  and published  in the Federal Register.   Hence, the
 materials should not be entered into the  index until  that time.
 The procedures for updating  a docket are  as  follows:

  Step  l:    Receive additional materials.  Again,  most  additional
             NPL docket materials  are received through an  "in box"
             located in HSED,  which the SDIC  staff  should  check
             every afternoon  for pickup.   Materials from other
             types of dockets may  come from the appropriate
             program and Regional  offices, and be delivered
             directly to the  SDIC.

  Step  2:    Establish the appropriate document category.   The
             SDIC staff must  fit the  document into  the existing
             docket category  structure or, if the materials are of
             a  new type, a new category must  be created  and placed
             at the back of the docket.

  Step  3:   Assign the unique docket identification number (e.g.
            NPL-U2-7-10)  to  the document.  "U2" signifies  the
            docket to be  the second  update to the  original
            proposal  of NPL  sites.   The "NPL-U2-7" establishes
            that the  document is  in  category 7, while the  number
             "10"  is the unique number corresponding to  the
            specific  document (e.g.,  the tenth document in that
            category.)

  Step  4:   Write  in  the  identification number.  Legibly write
            the  entire assigned identification number  (e.g., NPL-
            U2-7-10)  in black ink  in  the upper righthand corner
            on the first page  of the  document.

  Step  5:   Stamp the public  comments.  The public comment should
            be stamped with a  "received" stamp, and dated  in blue
            or black  ink.   This stamp  should  appear just below

6/90                           -45.

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          the identification number.

Step 6:   If the document is in support of an NPL rulemakina
          copy it for the Regional Dockets.  Copierof the"sl'
          documents with the identification number appearina
          are sent to the NPL Regional  DocketsT If thl
          Jo?1*?? VS fen?ric,in nature, copies should be made

          SSoSL^a^i,00^*!:-  E? *> «*n» to ae
             nelds'to
             starf^us^fnf ft *? Pioi^r location.   The  SDIC
             staff must file the document into the existing  docket
             according to the document's category and  date?
             m.-   Note that  the SDIC
             maintains two copies of all  docket indices, and that
                            the aPProPriate index mus? be Spdated.
                                    to be updated with
                     Document identification number


                     Type of document  and  synopsis of the subject


                     !^ere-Jh® d°cument originates, from and to
                     whom it is being  sent, and the person's
                     organizational affiliation

                     Number of pages



                                               ±S n° date'  enter
                             this information differs from the
                             d ^° index P^110 comments (see
                     Comment Period Activities" section.)

   Step  9:   Send the NPL Update packages to the appropriate

            S2i^ Docketsl  SDIC Personnel should follow the
            IS??iKSC?nU^S for,sendin9 Updates to the Regions as
            outlined in  the section entitled "Preparing Materials

            SctlS1011?1^015*11'" (in the "Regional D^lkeS"
            tran«»?;i Updates ffiust be sent to the Regions  with a
            dir£Sin«ai»me;°randU?'  Printed on EPA letterhead,
            SST?  ?9 Jue Re9lonal Docket staff to place the
            Update in the previously sent docket package  (see
            example  at the end of this section.)
6/90
                              -46-

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  Sample Transmittal Memorandum to Accompany NPL Update  Packages

 MEMORANDUM

 Date:        (Insert date)

 Subject:     NPL Update Final Rule — Update # (number)
             Indices and Materials for the Public Docket

 From:        (Insert name)
             Superfund Documents  Coordinator

             NPL Coordinators
             Regions I-x

     The ™aterials  sent to you today are a complete index and
        . documentVor a ne* final rule:  Final  Rule Update

                              year of finai ruie) -
WT,T TTTh%inde?  is  cross-referenced with materials from Updates
 I? insert number"  number) '  NPL~U#  (insert number),  and NPL-U#


     Enclosed in the NPL-FR#  (insert  number)  docket are also non
cross-referenced materials which  consist of:   (insert list  of
documents . )
vou,- «-         are  the  ad^usted  final  narrative  summaries  for
your specific Region.   Insert these  narratives with  the  existing
HRS packages for each site's appropriate Update.   Next week the
IM^ral Reaister notice for this rSle will be sent to you?   The
publication date for the Federal Register  is estimated to be
( insert date . )

     If you have any questions or problems, please do not
hesitate to call (insert name of SDIC staff person)  at 475-9374.
xxiciiijt you •
Enclosures
6/90

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