United Stales Office of Publication 9835 12FS Environmental Protection Solid Waste and May 1991 Agency Emergency Response Summary of "Releasing Information to Potentially Responsible Parties at CERCLA Sites" Office of Waste Programs Enforcement Quick Reference Fact Sheet CERCLA Enforcement Division/GEB/OS-510 This policy changes the Agency's policy on releasing information to potentially responsible parties (PRPs) in the "Interim CERCLA Settlement Policy," OSWER Directive #9835.12. 11.13 summary is inleir1* ' ¦ ' s a supplement, not a replacement, to the official guidance on "Releasing Information to PkI ~ c. - /. Sites," OSWER Directive #9835.12, issued March 1,1990 Past policies have considered the release of waste-in lists and volumetric rankings as information releases. This approach is not always appropriate because the Agency cannot always assemble these documents early enough to facilitate settlement negotiations. In addition to these documents, providing PRPs with information upon which the Agency bases liability might be critical to facilitating coordination among PRPs and achieving a settlement. Efficiency and speed in information release also may help foster PRP organization and settlement negotiation. The Agency should include information releases in PRP search and negotiation planning, and should analyze information for its potential release periodically as it is collected rather than later when time constraints may be greater. Discussions with PRPs to identify their information needs may help save resources and promote PRP organization. Discussions should also focus on an information release process. Policy In the following cases, legal counsel should screen the information to determine whether it is appropriate for release: • deliberative process information; • attorney-client or attorney-work product privileged information; and • law enforcement records (exempt under the Freedom of Information Act). All Confidential Business Information (CBI) is exempt from release. Information releases should not be contingent upon a reciprocal release by PRPs. By releasing information to a non-responding PRP, the Agency may encourage that PRP to cooperate and participate in settlement negotiations. Though there may be sound reasons for withholding information from PRPs, the Agency's policy should be biased toward releasing information. For more information on this policy, contact Rick Colbert, OWPE, at FTS 382-4015 or Douglas Dixon, OE-Waste, at FTS 475-8212. ------- |