UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, B.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
Signed October 31,2000
OSWER Directive 9320.2-12-FS-P
MEMORANDUM
SUBJECT: Transmittal of Policy document entitled "Direct Final Process for Deletions"
(Streamlining the Deletions Process - Revised October 2000)
FROM: Elaine F. Davies, Acting Director s/Elaine F. Davies
Office of Emergency and Remedial Response
TO: Superfund Regional Policy Managers
Regions 1-10
The purpose of this memorandum is to transmit the revised version of the procedures for
deleting sites from the National Priorities List (NPL) using a Streamlined Direct Final Notification
Process. The previous version of this Policy dated November 1,1999, is hereby superseded. This
latest revision is being made to address several issues regarding language used in the sample templates,
that have now been revised. The new sample templates reflect the latest language that should be
utilized.
hi the future, the Close-Out Procedures for National Priorities List Sites (OSWER Directive
9320.2-09A-P) will be revised to include this Policy document.
Copies of this Policy, as well as the templates for the Deletion Notices are available from the
Superfund Document Center (703) 603-8917 and will soon be available on the Internet at:
Http://epa.gov/superTund/pubs.htm.
If you have any questions, please contact your HQ Regional Construction Completion
Coordinator or Karen Tomimatsu at (703) 603-8738.
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cc: Tim Fields, 5101
Mike Shapiro, 5101
Cliff Rothenstein
Jim Woolford, 5101
Bany Breen, 2271A
Craig Hooks, 2261A
Earl Salo, 2366
Bob Cianciarulo, Region 1
OERR Regional Center Directors
Joanna Gibson
Carolyn Ofl’utt, 5202G
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Direct Final Process for Deletions
(Streamlining the Deletion Process)
(EPA OSWER 9320.2-12-FS-P Revised October 2000)
Purpose
This final policy document provides the Regions
with a streamlined process for deleting sites from the
National Priorities List (NPL). Under this process, sites
(not releases) will be deleted from the NPL using this
direct final notice procedure.
Backcrou nd
In November 1999, a Policy Document (OSWER
Directive 9320 2-09B-FS-P) was issued to give the Regions
an alternative streamlined process for Deleting Sites. This
Policy has been in place for almost a year, and has been
utilized successfully in several Regions However, during
the piloting period, several issues were raised regarding
language used in the guidance and in the sample
templates which erroneously suggested that deletions are
rulemakings The guidance and templates have been
revised to eliminate this language
Guidelines for Usaee
In general, the Agency believes that the direct
final procedure is appropriate for sites where deletion is
expected to be noncontroversial and no one is expected to
submit adverse comments during the comment period
The Agency’s experience in deleting sites from the NPL
bears out the noncontroversial nature of the process
In the rare instance where adverse comments are
expected, the direct final approach should not be used
Instead the traditional process used to ensure public
involvement in deleting sites should be utilized. ( 40
CFR 300 425(e)(4))
The streamlined procedure is as follows.
• Regions should coordinate their efforts
with the appropriate HQ Regional
Coordinator (RC) before using this
process.
• Draft notices should be submitted to
HQ RC for review and comment.
“Proposed Rules” section, and 2) direct
final notice of deletion appears in the
“Rules and Regulations” section
• The direct final deletion notice indicates
the effective date of deletion and
explains the direct final deletion
process
• Both notices, (notice of intent to delete
and direct final deletion Notice)
(submitted on separate computer disks)
are forwarded to Vickie Reed, (Mail
Code 1806A), 1200 Pennsylvania
Avenue, NW, Washington DC 20460,
for approval and publication in the FR
Her telephone number is (202) 564-6562
• If no adverse comments are received,
the direct final deletion notice will
generally become effective 30 days from
the end of the comment period (i.e
generally at least 60 days after
publication) The effective date should
be at least 30 days after the end of the
30 day minimum public comment period
to allow sufficient time to withdraw the
direct final notice of deletion before it
becomes effective in the event that
adverse comments are received on day
29 or 30 of the comment period.
• If adverse comments are received, the
Region must issue a timely notice in the
FR withdrawing the direct final notice of
deletion and inform the public that the
deletion will not take effect This
withdrawal notice must be published in
the FR before the effective date of the
final deletion notice, and the Regions
then must utilize the traditional 2-Step
process for deletions
• Regions will soon find specific
templates for these deletion notices at
http://ena nov/superfund/nubs htm
• Regions are required to prepare two
notices These notices are submitted,
and published in the Federal Register
(FR) as follows 1) a notice of intent to
delete the site, appears in the
• Through the end of FY2000 a total of
eight (8) sites have been deleted from
the NPL using the streamlined deletion
process A small sampling includes
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• Dutchtown Oil Treatment (Region 6)’ • Monticello (Region 8)
• Laskin Popular (Region 5) • Renora, Inc. (Region 2)
• Palmetto (Region 4)
• Windom Landfill (Region 5)
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[ FRL
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Notice of Deletion of the [ Enter site name], Superfiind Site from the National
Priorities List
SUMMARY: The Environmental Protection Agency (EPA) [ enter region] is publishing-a direct final
notice of deletion ol the [ Enter site name], Superfund Site (Site), located in [ Enter site location: city and
state], from the National Priorities List (NPL).
The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended, is Appendix B of 40 CFR Part 300,
which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final
notice of deletion is being published by EPA with the concurrence of the State of [ Enter state name],
through the [ Enter state agency name] because EPA has determined that all appropriate response actions
under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is
not appropriate.
DATES: This direct final deletion will be effective [ insert date 60 days from the date of publication in
the Federal Register ] unless EPA receives adverse comments by [ inseit date within 30 days of this
nublication in the Federal Register] . If adverse comments are received, EPA will publish a timely
withdrawal of the direct final deletion in the Federal Register informing the public that the deletion will
not take effect.
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ADDRESSES: Comments may be mailed to: [ Enter site coonlinator’s name], Community Involvement
Coordinator (insert mail code), U.S. EPA [ insert Region], Use Regional Address,
Anylown. USA XXXXX-XXXX, (Area Code) xx-xxxx or 1- [ insert toll-free number].
INFORMATION REPOSITORIES: Comprehensive information about the Site is available for
viewing and copying at the Site information repositories located at: U.S. EPA [ insert Region] Library,
Use Regional Address, AnyTown, USA XXXXX-XXXX, (Area Code) xxx-xxxx, Monday through
Friday 8:00 a.m. to 12:00 p.m.; [ Enter local area] Library, [ Enter site library address, phone number,
and hours of operation]; [ Enter state agency] Department of Environmental Quality, [ Enter state
location, phone numbers, and hours of operation].
FOR FURTHER INFORMATION CONTACT: [ Enter RPM name], Remedial Project Manager
(Mail Code), U.S. EPA Region [ insert Region], Use Regional Address, AnyTown USA, XXXXX-
XXXX, (Area Code) xxx-xxxx or 1-800- [ insert toll-free number].
SUPPLEMENTARY INFORMATION:
Table of Contents :
I. Introduction
I I NFL Deletion Criteria
Ill. Deletion Procedures
N. Basis for Site Deletion
V. Deletion Action
I. INTRODUCTION
EPA [ insert Region] is publishing this direct final notice of deletion of the [ Enter site name],
Superfund Site from the NPL.
The EPA identifies sites that appear to present a significant risk to public health or the
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environment and maintains the NPL as the list of those sites. As described in §300.425(e)(3) of the
NCP, sites deleted from the NPL remain eligible for remedial actions if conditions at a deleted site
warrant such action.
Because EPA considers this action to be noncontroversial and routine, EPA is taking it without
prior publication of a notice of intent to delete. This action will be effective [ insert date 60 days from the
date of publication in the Federal Register ] unless EPA receives adverse-comments by [ insert date 30
days after this publication in the Federal Register ] on this notice or the parallel notice of intent to delete
published in the Proposed Rules section of today’s Federal Register. If adverse comments are
received within the 30-day public comment period on this notice or the notice of intent to delete EPA will
publish a timely withdrawal of this direct final notice of deletion before the effective date of the deletion
and the deletion will not take effect. EPA will, as appropriate, prepare a response to comments and
continue with the deletion process on the basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
Section II of this document explains the criteria for deleting sites from the NPL. Section ifi
discusses procedures that EPA is using for this action. Section l v discusses the [ Enter site name],
Superfund Site and demonstrates how it meets the deletion criteria. Section V discusses EPA’s action to
delete the Site from the NPL unless adverse comments are received during the public comment period.
II. NPL DELETION CRITERIA
Section 300.425(e) of the NCP provides that releases may be deleted from the NPL where no
further response is appropriate. In making a deteimination to delete a release from the NPL, EPA shall
consider, in consultation with the State, whether any of the following criteria have been met:
i responsible parties or other persons have implemented all appropriate response actions
required;
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ii all appropnate Fund-financed (Hazardous Substance Superfund Response Trust Fund)
response under CERCLA has been implemented, and no further response action by
responsible parties is appropriate; or
iii. the remedial investigation has shown that the release poses no significant threat to public
health or the environment and, therefore, the taking of remedial measures is not
appropriate.
Even if a site is deleted from the NPL, where hazardous substances, pollutants, or contaminants
remain at the deleted site above levels that allow for unlimited use and unrestricted exposure, CERCLA
Section 12 1(c), 42 U.S.C. 962 1(c) requires that a subsequent review of the site be conducted at least
evely five years after the initiation of the remedial action at the deleted site to ensure that the action
remains protective of public health and the environment If new information becomes available which
indicates a need for further action, EPA may initiate remedial actions. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system.
III. DELETION PROCEDURES
The following procedures apply to deletion of the Site:
(1) The EPA consulted with [ Enter State name] on the deletion of the Site from the NPL
prior to developing this direct final notice of deletion.
(2) [ Enter State name] concun ed with deletion of the Site from the NPL.
(3) Concun-ently with the publication of this direct final notice of deletior a notice of
the availability of the parallel notice of intent to delete published today in the
“Proposed Rules” section of the Federal Register is being published in a major
local newspaper of general cireulation at or near the Site and is being distributed
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to appropriate federal, state, and local government officials and other interested
parties; the newspaper notice announces the 30-day public comment period
concerning the notice of intent to delete the Site from the NFL.
(4) The EPA placed copies of documents supporting the deletion in the Site information
repositories identified above.
(5) If adverse comments are received within the 30-day public comment period on this
notice or the companion notice of intent to delete also published in today’s Federal
RegLster, EPA will publish a timely notice of withdrawal of this direct final notice of
deletion before its effective date and will prepare a response to comments and continue
with the deletion process on the basis of the notice ol intent to delete and the comments
already received.
Deletion of a site from the NPL does not itself create, alter, or revoke any individual’s rights or
obligations. Deletion of a site from the NFL does not in any way alter EPA’s nght to take enforcement
actions, as appropriate. The NFL is designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion of a site from the NPL does not
preclude eligibility for future response actions, should future conditions warrant such actions.
l v. BASIS FOR SITE DELETION
The following infomiation provides EPA’s rationale for deleting the Site from the NPL:
A. Site Location
[ Enter general site information]
B. Site History
[ Enter general site information]
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State Lead Removal
[ Enter general site information]: if appropriate.
Remedial Investigation and Feasibility Study (RI/FSI
[ Enter general site infom iation]
Record of Decision Findings
[ Enter general site infonnation]
C. Characterization of Risk
[ Enter general site information]
D. Future Activity
[ Enter general site information]
E. Community Involvement
Public participation activities have been satisfied as required in CERCLA Section 113(k), 42
U.S.C. 9613(k), and CERCLA Section 117,42 U.S.C. 9617. Documents in the deletion docket which
EPA relied on for recommendation of the deletion from the NPL axe available to the public in the
information repositories.
V. DELETION ACTION
The EPA, with concunence of the State of [ Enter State name], has determined that all
appropriate responses under CERCLA have been completed, and that no further response actions,
under CERCLA, other than O&M and five-year reviews, are necessaly. Therefore, EPA is deleting the
Site from the NPL.
Because EPA considers this action to be noncontroversial and routine, EPA is taking it without
prior publication of a notice of intent to delete. This action will be effective [ insert date 60 days from the
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date of publication in the Federal Register ] unless EPA receives adverse comments by [ insert date
within 30 days of this publication in the Federal Register ] on a parallel notice of mtent to delete
published in the Proposed Rule section of today’s Federal Register. If adverse comments are received
within the 30-day public comment penod on the proposal, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the deletion and it will not take effect and, and
EPA will prepare a response to comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There will be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection,, Air pollution control, Chemicals, Hazardous waste, Hazardous
substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements,
Superfund, Water pollution control, Water supply.
Dated: [ insert BA Name]
Regional Administrator
US EPA Region [ insert region]
For the reasons set out in this document, 40 CFR part 300 is amended as follows:
Part 300 - [ Amended]
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The authority citation for Part 300 continues to read as follows:
Authority: 33 U.S.C. 132 1(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193.
Appendix B - [ Amended]
2. Table 1 of Appendix B to Part 300 is amended under [ Enter State name] (“XX”) by
removing the site name “ [ Enter site name]” and the city “ [ Enter site city location]”.
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
National Oil and Hazardous Substance
Pollution Contingency Plan
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the [ Enter site name] Superfund Site from the National Priorities
List
SUMMARY: The Environmental Protection Agency (EPA) Region [ inseit Region] is issuing a notice
of intent to delete [ Enter site name] Superfund Site (Site) located in [ Enter site location: city and state],
from the National Pnorities List (NPL) and requests public comments on this notice of intent. The NPL,
promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR Part 300 of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of
[ Enter State name], through the [ Enter State Agency name], have determined that all appropriate
response actions under CERCLA, other than operation and maintenance and five-year reviews, have
been completed. However, this deletion does not preclude future actions under Superfund.
In the “Rules and Regulations” Section of today’s Federal Register, we are publishing a direct final
notice of deletion of [ enter site name] Superfund Site without prior notice of intent to delete because we
view this as a nonconiroversial revision and anticipate no adverse comment We have explained our
reasons for this deletion in the preamble to the direct final deletion If we receive no adverse
comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further
action on this notice of intent to delete.. If we receive adverse comment(s), we will withdraw the direct
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final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in
a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second
comment period on this notice of intent to delete. Any parties interested in commenting must do so at
this time. For additional information, see the direct final notice of deletion which is located in the Rules
section of this Federal Register.
DATES: Comments concerning this Site must be received by [ insert date within 30 days of this
publication in the Federal Register] .
ADDRESSES: Written comments should be addressed to: [ Enter coordinator name], Community
Involvement Coordinator, U.S. EPA (Mail Code), Use Regional Address, Anylown, USA XXXXX-
X.XXX, (area code) xxx-xxxx 1-800-toll-free.
FOR FURTHER INFORMATION CONTACT: [ Enter RPM name], Remedial Project Manager, U.S.
EPA (Mail Code), Use Regional Address, AnyTown USA XXXXX-XXXX, (area code) xxx-xxxx or
1-800-toll-free.
SUPPLEMENTARY INFORMATION: For additional information, see the Direct Final Notice of
Deletion which is located in the Rules section of this Federal Register.
INFORMATION REPOSITORIES: Repositories have been established to provide detailed information
concerning this decision at the following address: U.S. EPA Region [ insert Region] Library, Use
Regional Address, AnyTown, USA XXXXX-XXXX, (area code) xxx-xxxx, Monday through Friday
8:00 a.m. to 12:00 p.m.; [ Enter local area] Library, [ Enter site library address, phone number, and
hours of operation]; [ Enter state agency] Department of Environmental Quality, [ Enter state location,
phone numbers, and hours of operation].
List of Subjects in 40 CFR Part 300
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Environmental protection. Air pollution control, Chemicals, Hazardous waste, Hazardous substances,
Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 132 1(c)(2); 42 u.s.c. 9601-9657; E.O. 12777, 56 FR 54757, 3 cFR, 1991
Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193.
Dated: [ Enter Regional Administrator]
EPA Regional Administrator,
U.S. EPA, Region [ enter region]
Accordingly, the amendment to Table I of Appendix B to CFR Part 300 to remove the Site for
[ insert Site name] is withdrawn as of [ insert date of Publication in Federal Register]
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