950B08001
OFFICE OF CERCLA LEGAL SUPPORT
ORIENTATION BINDER
Prepared by Tom Hernandez, Paralegal Specialist
September 29, 2008
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To Patricia Strougal/R4/USEPA/US@EPA, Rudy
Tanasijevich/R4/USEPA/US@EPA, Karen
Singer/R4/USEPA/US@EPA, Kevin
cc Thomas Hernandez/R4/USEPA/US@EPA, Chalon
Davis/R4/USEPA/US@EPA
bcc
Subject Final Roll -out of Tom's 9/29/08 Version of the CERCLA
Legal Support Attorney Orientation Manual
Thanks to Chalon's efforts, everybody has their copy now. Marshall and Suzanne Armor received theirs
around 10/01/08. I have one extra copy in case the Front Office wants one. Please be aware that TAB
"O" (Region 4 CERCLA Expertise Roster) won't be available from management until perhaps after the two
new RCRA positions are filled.
Thomas
Hernandez/R4/USEPA/US
10/30/2008 04:32 PM
TCH
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OFFICE OF CERCLA LEGAL SUPPORT ORIENTATION BINDER
TABLE OF CONTENTS
I. OFFICE - GENERAL
TAB A: OEA Operating Procedures for Front Office Staff
TAB B: Daily News Page Links to Centralized Library Services
TAB C: Synopsis of Training Sites/Links
TAB D: List of OEA Notaries
II. ATTORNEY PRODUCTS
TAB E: Weeklies and RAWs Submission Instructions
TAB F: Format for Weekly Reports
TAB G: 10-Point Settlement Document Format and Example
TAB H: CERCLA Referral Document Distribution and Briefing Procedures
TAB I: CERCLA Referral Cover Letter Models
III. CORRESPONDENCE
TAB J: How to Access R4 Correspondence Manual from Daily News
TAB K: Highlights of New Correspondence Manual
TAB L: Reminder about Page Margin Size
TAB M: Use of WordPerfect vs. Microsoft Word (P.36, Correspondence Manual)
TAB N: Synopsis of Plain Language and Style Manual Links
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IV. CERCLA LEGAL SUPPORT - MISCELLANEOUS
TAB O: R4 CERCLA Expertise Roster
TAB P: Lotus Notes Address List for Superfund Attorneys/Paralegals
TAB Q: Format of QuickPlace's CERCLA Legal Support Room
TAB R: FY 2007 SF Enforcement Intramural Action Codes (for PeoplePlus)
TAB S: Superfund Acronym & Abbreviation List
V. ACCOUNTS RECEIVABLE
TAB
T:
Accounts Receivable Process Reminder
TAB
U:
Attorney Review Checklist Form
TAB
V:
Collection Information (P.O. Boxes; Wire Transfers, etc.)
TAB
W:
Superfund Interest Rates: 1980 to Present
TAB
X:
No Arbitrary Money Amount Cut-offs for Checks vs. Wire Transfers
VI.
FROM THE DESK OF TOM HERNANDEZ
TAB
Y:
List of Databases Tom is Familiar With
TAB
Z:
Partial Index to my Accumulated Guidance
file name = F:\OFFICE OF CERCLA LEGAL SUPPORT ORIENTATION BINDER TABLE OF
CONTENTS .09.29.08
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A
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jf/oa It
OFFICE OF ENVIRONMENTAL ACCOUNTABILITY
(OEA)
OPERATING PROCEDURES
FOR
FRONT OFFICE STAFF
November 2003
BACK UP SCHEDULE
The front office back up schedule is prepared by the Executive Staff Assistant quarterly,
January, May, and September, and is sent electronically one week before the beginning of the
next quarter, to all OEA support staff and managers. Each schedule will list the names of the
individuals, alphabetically by first name, responsible for front office coverage, should the need
arise, during each of the four months. Since most of the support staff is on a compressed
schedule, it is the responsibility of each individual to arrange for a replacement in the event she
will be out of the office during her respective month. The back up schedule format can be found
on the "g" drive under "user" and then "shared." Hard copies of previous schedules can be found
in a red file folder in the bottom drawer on the far left side of the desk. Always print a copy for
the folder for future reference.
CALENDAR - Regional Counsel
The Executive Staff Assistant is responsible for maintaining the Regional Counsel's calendar
electronically. This is done using the calendar found in Lotus Notes. This is a share drive
system which allows both the Executive Staff Assistant and the Regional Counsel access to the
calendar. All requests for meetings and appointments should be directed to and entered by the
Executive Staff Assistant. It is not necessary to ask the Regional Counsel's permission to
schedule meetings and appointments unless you believe it is a request from someone outside of
the Agency who may be unknown to the Regional Counsel.
When scheduling meetings or appointments, always include a telephone number for the person
requesting the meeting or appointment. The same holds true when arranging conference calls,
always include the number and the access code, if it is a Headquarters call. The access code is
normally a four-digit number followed by the pound sign, e.g., 7325#.
Daily "management time" has been allotted on the calendar to afford the Regional Counsel the
time necessary to return telephone calls or review in-box documents. That time slot may be used
to schedule meetings if no other calendar time is available.
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2
CALENDAR - Regional Counsel (Continued)
There is also a once a week "open door" time slot allotted on the calendar to allow staff members
who wish to speak with the Regional Counsel the opportunity to do so. Again, that time slot may
be used to schedule meetings if no one has requested calendar time..
There are Headquarters conference calls scheduled on Wednesdays of each month. Each call is
unrelated to the others. All of these calls have been scheduled through December 2003. When
inputting information for 2004, it is suggested that the Executive Staff Assistant review the
Regional Counsel's calendar for the months of November and December to ensure all
Headquarters' conference calls have been added.
A copy of the next day's calendar of meetings and appointments should be printed and
given to the Regional Counsel before the end of each day.
CONFERENCE ROOM SCHEDULER
At the present time, although all OEA staff has access to view the scheduler, only the front office
staff has the capability to input information into the system. The procedure for scheduling is that
all requests, except same day, should be sent to all of the front office staff simultaneously to
ensure that, in the event of absences, the request is received. The electronic request should
contain the specific room, date and time frame needed. Once the information is received and the
room scheduled, a confirmation reply should be sent to all involved.
For same day requests, to expedite confirmation, a telephone call is acceptable. Before a
confirmation is given, make sure all outstanding electronic requests have been honored.
CONTROLLED CORRESPONDENCE
There are three variations of controlled correspondence - congressional, regional, and internal
OEA controls. The Executive Staff Assistant has the primary responsibility for processing and
tracking controlled correspondence but, an alternate should be in place in the event of absences.
All controls have a 10-day response time and, because of deadlines, all controls should be
hand-carried to the appropriate individual.
The Congressional controlled correspondence is hand-delivered in a yellow folder with a blue
routing slip attached. At the present time, Mary Holiday-Frazier is the contact person for these
controls. The Regional controlled correspondence is hand-delivered in a blue folder by Julia
Mooney. Any requests for extension of due dates must be sent electronically by the individual
assigned to prepare the response to either Mary or Julia with a cc to the Executive Staff
Assistant. If an extension is granted, Mary or Julia will electronically respond to all with the new
date.
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3
CONTROLLED CORRESPONDENCE (Continued)
Internal OEA controls are determined by the Executive Staff Assistant based on incoming
correspondence addressed to the Regional Counsel and requiring a written response. The same
10-day deadline is established by the Executive Staff Assistant.
The National Correspondence Tracking Information Management System (NCTIMS) is the
electronic system currently used to record all controlled correspondence. Julia Mooney, at
extension 2-8302, has agreed to train all of the OEA support staff on how to maintain the
NCTIMS system. She will come down to the Executive Staff Assistant's work area for a group
training and, if necessary, will do one-on-one training at your desk. It is suggested that this
training be arranged as soon as possible since OEA receives controlled correspondence on
a regular basis.
At the present time, all pending controlled correspondence documents are located in the top
right-hand side of the Executive Staff Assistant's desk.
CORRESPONDENCE LOG
This log is located on the credenza in front of the Executive Staff Assistant's desk. It is divided
into two sections - General and Signature. All incoming documents addressed to the Regional
Counsel or Associate Director for Legal Support should be entered into the General section of the
log. All documents requiring the Regional Counsel or Associate Director's signature should be
logged in and out using the Signature section of the log. If a document is returned by the
Regional Counsel to the originator for corrections, that information and date should be noted in
the correspondence log.
EXPRESS MAIL (Overnight Deliveries)
This mail is delivered twice a day to the desk of the Executive Staff Assistant by the 9th floor
mail room personnel. You will be asked to electronically sign for all documents received. The
mail room has instituted a labeling system which will give the name of the addressee as well as
the time received. This label can be found on the front of the document. As long as that system
is in effect, it is not necessary to date stamp the envelope. In the event, the label is not visible,
each envelope must be opened and the back of the first page of the document date stamped using
either the stamp machine located in the front office or the machine in the mail room. The mail is
then placed in the individual's mail siot.
In some instances, there is no name specified on the outside of the envelope which means the
envelope must be opened. The majority of unaddressed envelopes in OEA are bankruptcy issues
and should be given to Kevin Beswick. In the event you cannot determine who should receive
unaddressed mail, Bill Anderson can assist you.
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AH
4
MAIL DISTRIBUTION SCHEDULE
The mail schedule is prepared by the Executive Staff Assistant and done on a monthly basis with
each individual responsible for distributing the mail twice a day.one week out of a month. This
schedule is also prepared alphabetically by first name and sent to all support staff and managers.
Again, it is the responsibility of each individual to arrange for a replacement in the event she will
be out of the office during her respective week. The mail distribution schedule format can also
be found on the "g" drive under "user" and then "shared." Hard copies of previous schedules can
be found in a red file folder in the bottom drawer on the far left side of the desk. Always print a
copy for future reference and place it in the file folder.
MAIL - FRONT OFFICE STAFF
The front office box in the mail room should be checked twice a day. All mail addressed to
either the Regional Counsel or the Associate Director for Legal Support should be opened unless
marked "Personal," "Confidential," or "To Be Opened By Addressee Only." The envelopes can
be discarded. A personalized routing slip should be also be attached to the Regional Counsel's
incoming mail. These slips can be found on the right-hand side of the Executive Staff
Assistant's desk (behind the post-it notepads).
MAIL - REGIONAL ADMINISTRATOR'S
On a daily basis, the Regional Administrator's office receives incoming mail that is directed to
OEA or other divisions. This mail is placed in "mail boxes" located on the 14th floor. There is a
box labeled for each division within the Agency. This system is used in lieu of interoffice mail
since it has proven to be a faster method of sending information from one division to another. In
the past, the SEE employee was responsible for general mail distribution and picking up the mail
from the 14,h floor twice a day. In the absence of a SEE employee and, since the office is short-
staffed, the front office support staff has assumed this responsibility. It would be most helpful if
al 1 of the support staff assisted in this effort by checking the box whenever you are on the 14th
floor. The contents should be delivered to the Executive Staff Assistant who is responsible for
logging in and distributing this mail. The boxes are located in the vicinity of the Regional
Administrator's office. There is a door adjacent to the open window where the secretary to the
Chief of Staff is located. The door leads to a hallway where you will see the brown file boxes on
the left hand side of the hall.
MANAGEMENT TEAM MEETINGS
These meetings are held every Tuesday at 10:00 a.m. in conference room 13B. The Executive
Staff Assistant should include this meeting on the Regional Counsel's calendar as a repeated
meeting through the year. The conference room should also be reserved for the entire year.
If it. becomes necessary to reschedule the management team meeting, the Executive Staff
Assistant should notify all managers, note the new date and time on the Regional Counsel's
calendar and schedule the conference room.
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5
REGIONAL ADMINISTRATOR WEEKLY REPORTS (RAWs)
Each manager is responsible for sending pertinent case information to the Regional Counsel by
close of business Thursday if it is to be discussed at the Monday morning Senior Staff meetings.
These RAWs are sent electronically to the Regional Counsel, the Associate Director for Legal
Support, and the Executive Staff Assistant. The managers do not always have information they
wish discussed but, when received, the Executive Staff Assistant will print the RAW reports as
received and compile that information to be given to the Regional Counsel in advance of the
Monday morning meeting.
REGIONAL COUNSEL PREFERENCES
No meetings or appointments should be scheduled before 9:00 a.m. unless at the request of the
Regional Administrator's office. If an early meeting is the only option, discuss this with the
Regional Counsel before scheduling. As a general rule, the Executive Staff Assistant should
begin scheduling meetings at 9:30 a.m.
If a telephone call is received on the general line asking for the Regional Counsel, do not give
the caller the "private" number (2-9566). If the Regional Counsel is out of the office or on
another call, you should transfer the call into voice mail. If the Regional Counsel is in a meeting
or concentrating on another matter, ask the caller to leave a name and telephone number for the
Regional Counsel to return the call at a later time.
At the request of the Regional Counsel, documents should not be placed in her chair. If the
matter is considered urgent, place the document on the center of her desk.
REGIONAL COUNSEL TRAVEL DOCUMENTS
Although the Regional Counsel's travel authorizations and vouchers can be prepared in Travel
Manager, they can not be stamped and sent through the system electronically. Since the Deputy
Regional Administrator (DRA) is the authorizing official and not in the Travel Manager system,
all travel documents for the Regional Counsel must be printed, placed in a folder with a routing
slip attached, and hand-carried to the DRA's secretary. She, in turn, will have the document
signed and call the Executive Staff Assistant to inform her the document is ready for pick up.
The Executive Staff Assistant should make a copy of the signed document to be placed in the
specific travel folder and personally hand-carry the document from the DRA's office to Budget
or Finance for processing.
Individual trip folders are made for the Regional Counsel and will contain a copy of the travel
authorization, hotel tax exemption form, if applicable, a printed version of the SATO Virtually
There airline itinerary, highlighting the flight number, departure and arrival times, and seat
assignment. All hotel information, if the reservation was not made by SATO should be typed
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4 k>
6
REGIONAL COUNSEL TRAVEL DOCUMENTS (Continued)
and include the name, address, telephone number of the hotel, as well as the reservation
confirmation number. When making direct hotel reservations, be sure to ask about their
cancellation policy.
In the top right-hand side drawer of the Executive Staff Assistant's desk is a white envelope that
contains credit card information for both the Regional Counsel and Associate Director for Legal
Support. This information is used when it becomes necessary to make direct hotel reservations.
When using SATO for airline and hotel reservations, that information is already contained in the
profiles. Because of the confidentiality of the information, this file cabinet drawer should remain
locked when not in use.
SENIOR STAFF MEETINGS
These meetings are held every Monday morning at 9:00 a.m. in the Regional Administrator's
conference room on the 14th floor. In most instances, the Regional Counsel will go directly to the
meeting without first stopping in the office. Since that is the case, each Friday, the Executive
Staff Assistant should give the Regional Counsel all documents she will need for the Senior Staff
meeting. Those documents include a copy of OEA's weekly report to Headquarters and any
RAW items received to date.
WEEKLY REPORT
The weekly report is a compilation of items submitted by OEA staff members. All items for the
Weekly Report are due to the Executive Staff Assistant each week by noon on Wednesdays. The
final report is due in Headquarters by close of business on Thursdays. The format for the weekly
report can be found on the " g-user-shared" drive under the heading, "weeklyformat.new."
The draft document should not be prepared on the g drive using the "weeklyformatnew"
model letter. Copy the document from the g drive into whatever drive is normally used for
preparing Word Perfect documents.
It is the responsibility of the Executive Staff Assistant to ensure that each item submitted adheres
to the proper format and is grammatically correct. It is the responsibility of the staff member
submitting an item to inform the Executive Staff Assistant which section the item should be
placed. Once the report has been compiled, it is given to the Associate Director for Legal
Support for his review. He will make whatever changes necessary and return the report to the
Executive Staff Assistant to finalize and send electronically. Once finalized, the document
should be named "rg4-followed by the six-digit date," e.g., "rg4-112803" and saved to the
"g-user-shared" drive.
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A 7
7
WEEKLY REPORT (Continued)
A group listing has been compiled to incorporate all recipients of the weekly report. To ensure
the most current list is used, while sitting at the Executive Staff Assistant's computer, open Lotus
Notes "Mail", scroll down to "Sent" documents, locate "Allen Barnes" name with the subject
line, "New Weekly Report " If you open that document, you can copy all pertinent
information shown and paste into the new message. The secretary to the Associate Director for
Legal Support should also have a copy of the recipients. Hard copies of the report are made each
week and placed in a file located by her desk.
Once the Weekly Report has been sent to Headquarters, it is then placed on the OEA Bulletin
Board for review by the OEA staff.
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Kegion 4 Liorary | K4 intranet | us fci'A
Kage 1 ot i
U.S. Environmental Protection Agency
Monday Sep 29 2008 £
Region 4 Library
Home | Comments | News & Events | Human Capital | Toolbox | Workplace | About Region 4
The Region 4 library is open to both our internal and external patrons. It is located at our regional
headquarters -
61 Forsyth Street, SW, Sam Nunn Atlanta Federal Center, 9th Floor, Atlanta, GA 30303-8960.
Library Hours: Monday - Friday from 8:00 a.m. - 3:45 p.m. (Open to the Public) and Monday -
Friday from 8:00 a.m. - 4:30 p.m. (Open to EPA Staff), and closed on federal holidays.
The Librarian is available to locate documents and answer questions. For more information, contact
us at (404) 562-8190 or via facsimile at (404) 562-8114.
Information for the Region 4 Library: Core services such as interlibrary loans, catologing, online
literature searches, quick and extensive reference/research requests (including business research,
journal articles, etc.) are being handled by the Andrew W. Briendbach Environmental Research
Center (AWBERC) located in Cincinnati, OH (a/k/a CINN Library). All requests for these core services
should be submitted directly to the Cincinnati Library via phone, facsimile, e-mail (preferred), or
through the intranet page: Phone: (513) 569-7703; Facsimile: (513) 569-7709; Email:
CI Awberc Librarv@epamail.epa.aov , or Intranet:
http://cincinnati.epa.Qov/librarv/services/forms reqion.asp
Information For Other Libraries: Many EPA documents are available through online sources.
Look for a direct link to a particular document in the EPA Online Library System.
The National Center for Environmental Publications maintains and distributes, free of charge, EPA
publications in hard copy, CD Rom and other formats. The current publication inventory includes
over 7,000 titles.
The National Technical Information Service is the largest central resource for government-funded
scientific, technical, engineering and business related information from over 200 agencies.
InsideEPA
Online journal access to: Science , Nature , Environmental Health Perspectives (EHPt. and
Environmental Toxicology and Chemistry fET&Q
- Forms
Library Information
- About
- Catalog
- F AQ
Reference Sources
- Business
- Education
- EPA
- News
http://r4intranet.epa.gov/r41ibrary/index.htm
9/29/2008
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Region 4 Library | R4 Intranet | US fcPA
- New Books - Quick Reference
- Subject Lists - Regulatory
- Training - Scientific / Technical
Library Satisfaction Survey
Send Comments or Questions to R4-Library or call 404.562.8190
Last updated on Wednesday,, March 7th, 2007
URL: http://r4intranet.epa.gov/r4library/index.htm
Page l otl
http://r4intranet.epa.gov/r41ibrary/index.htm
9/29/2008
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CI
Thomas
Hernandez/R4/USEPA/US
05/08/2008 03:38 PM
To Thomas Hernandez/R4/USEPA/US@EPA
cc Kevin Smith/R4/USEPA/US@EPA, Ralph
Armstrong/R4/USEPA/US@EPA, Teresa
Shir1ey/R4/USEPA/US@EPA, MaryC
bcc
Subject Here's Tom's Draft Synopsis of Learning Sites/Links: Needs
Critique!!!
History:
^ This message has been forwarded
1) START - used to register for a lot of Agency trainings; access via Daily News page
2) netionline.com - used to register for a lot of OEA trainings
http://www.netionline.com/
3) goleaming .gov - on-line training courses
http://www.golearn.gov/MaestroC/
4) Free Web Training - (ex: "Plain Language"; "Web 101: EPA Basics")
http://www.epa.gov/webtraining/
tch
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Thomas
Hema ndez /R4/USEPA/US
09/29/2008 02:32 PM
1. Pat Bullock (Hearing Clerk) 2-9511
2. Susan Capel 2-9566
3. Kavita Batra 2-9697
To Thomas Hernandez/R4/USEPA/US@EPA
cc
bcc
Subject Current List of OEA Notaries
tch
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£ I
Bill Anderson/R4/USEPA/US To R4 0EA Staff
07/23/2008 03:33 PM cc
bcc
Subject Weeklies and RAWs Submission Instructions
Questions have been raised as to what information should be reported by staff for the
three regular activity reports that OEA produces. Here is a listing of the reports and the kinds of
information that should be reported for each. When in doubt as to whether to report an item, or
which report to put it in, check with your supervisor. Please remember that items for these
reports are to be submitted to your supervisor, who will review and approve them for inclusion.
OECA WEEKLY REPORT
Who should contribute to this report? All staff engaged in enforcement, compliance
assurance, or legal counseling activities.
What is it? A weekly report required by the Office of Enforcement and Compliance
Assurance. Although the report is required by OECA, it is to include legal counseling
information of interest to the Office of General Counsel as well. Every region produces the same
report in the same format. The Region 4 report is also distributed to Region 4 offices and
divisions.
What goes in it? Any significant enforcement, compliance assurance, or counseling
developments in Region 4 that have already occurred, as well as significant upcoming matters
that warrant a heads-up. Common concluded enforcement activities include referrals to DOJ,
issuance of significant CAFO's, resolution of audit policy disclosures, and court decisions.
Common compliance assurance activities include compliance assistance workshops, completion
of State Review Framework assessments, and certification of enforcement data. Common
counseling activities include initiation of litigation against the Agency, significant developments
in defensive litigation, and issuance of orders disposing of CAA Title V petitions.
At what point should vou submit an item? The report format is designed to accommodate
both things that are going to happen, as well as things that have already occurred. To enable
senior managers to focus on "hot" topics, weekly reports begin with a section devoted to
prospective activities, rather than past events. This section should feature "Hot Topics/Heads Up
Items" first and address upcoming events with some particular importance and/or sensitivity,
including those of particular interest to the Regional Administrator and/or the Assistant
Administrator for OECA. Examples of such upcoming events might be meetings with states on
State Review Framework issues or on significant case or policy related matters; meetings
between the Region and HQs offices to resolve significant legal or policy issues; anticipated
press fall-out on controversial actions, etc. Highlights of concluded activities and events that you
think senior OECA, OGC, and Regional management should know about should be presented
next, in the Regular Highlights section.
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When are items due and to whom? Noon every Wednesday to Sharon, Chi-Donna,
Claudette, and Bill. The report is compiled and edited on Thursday, and must be sent to OECA
by COB Thursday.
What is the format for the report and items to be submitted? See previous reports on the
OEA Bulletin Board in Quickplace.
RAW REPORT (Regional Administrator's Weekly)
Who should contribute to this report? All staff engaged in enforcement, compliance
assurance, or legal counseling activities.
What is it? Basically a no surprises report. It is intended to give the Regional Counsel a
heads-up on matters that were not covered in the Weekly Report, that are of sufficient
significance that they would be of interest to the Regional Administrator and the rest of the
Regional Senior Staff. The Regional Counsel uses this report at the weekly Monday morning
Senior Staff meeting.
What goes in it? The purposes of the report are to 1) capture any significant
developments that were not included in the OECA Weekly Report (whether because they
happened after noon on Wednesday of that week, or because, while significant from a Regional
perspective, were not appropriate for the Weekly Report) and 2) apprise the Regional Counsel of
significant upcoming legal or enforcement matters that might be raised by other Regional senior
management at the weekly Senior Staff meeting or which should be raised by our office.
When are items due and to whom? Three o'clock every Friday, to Sharon, Chi-Donna,
Claudette, and Bill.
What is the format for items submitted? Please provide a brief heading, summary of what
happened or is about to happen and its significance, and your name as the contact person.
OGC BI-WEEKLY REPORT
Who should contribute to this report? Legal staff only.
What is it? A report to OGC of significant counseling activities that took place in the
Region in the preceding two weeks.
What goes in it? Items are taken directly from the OECA Weekly Reports and
re-packaged into the OGC Bi-Weekly Report and any other significant counseling developments
or activities that were not already included in the OECA Weekly Report are added.
When are items due? OGC items submitted for the OECA Weekly Reports do not have
to be re-submitted. Additional items should be submitted to Bill Anderson by COB every
"7 AurJ Jl djj ,
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F I
MEMORANDUM
FROM:
Phyllis P. Harris /signed/
Principal Deputy Assistant Administrator
TO:
Deputy Regional Administrators
Regional Counsels
Regional Enforcement Division Directors
OECA Office Directors
SUBJECT:
Internal Communication of Enforcement and Compliance Assurance
Information: New Format for Weekly Reports
In an effort to improve internal communications on enforcement and compliance
assurance issues — both within offices and between the Regions and Headquarters — we have
developed a format for reports that will provide information that is more concise and has
information about upcoming issues and events, in addition to activities which have already taken
place. There also is a section to provide key information about compliance assistance activity.
The improvements include changes to the format, scope and content of weekly activity reports.
They also involve a clarification of where, when and how weekly reports should be sent.
Eight of the Regional Counsels are also responsible for providing legal counsel and
services to Regional clients and others, under the supervision of the General Counsel. We have
worked closely with OGC to develop an integrated report format acceptable to both OGC and
OECA. For the sake of efficiency, and to simplify Regional reporting responsibilities, OECA will
continue to include counseling and defensive litigation items from all ten Regional Counsels in
the weekly reports. OGC agrees that these items should follow all the substantive and formatting
improvements outlined in this memo and will obviate the need for Regional Counsel to send
separate weekly reports to OGC.
These changes are designed to accomplish several things: (1) create greater consistency
among offices and Regions for the content, format and frequency of reports generated; (2) ensure
that the OECA front office and the OGC front office receive concise information about recent
and upcoming significant issues and events in a timely manner; and (3) share information among
HQ and Regional offices (as appropriate) about significant issues and developments involving
OECA and OGC issues. We also want to avoid duplication of effort both in the generation of
each office's weekly report, and in the compilation of those individual reports into what will
become a new consolidated Weekly Activity Report, combining Regional and Headquarters
submissions.
Content. Structure, and Frequency of Reports
Any items reported as part of the weekly report should be new items or existing items
with new developments. Please note any new items in bold face print so that the new entries
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can be more easily identified and be sure to provide the approximate inception date of the
item or recent development. If you reported on an item previously and there have been no
changes, there is no need to report the item again. The writeups should be concise (generally one
or two paragraphs), and limited to salient facts and information. Confidential and
non-confidential items should be treated separately. Confidential information should include
only those entries that address enforcement sensitive, attorney-client sensitive, deliberative
process related or politically sensitive items that should only be distributed to individuals within
EPA on a "need to know" basis only. We suggest that you use the confidential designation
sparingly. We note that items identified as "non-confidential" are still intended for an internal
Agency audience. Nevertheless, these items should be written carefully, keeping in mind that
they may be requested under FOIA. Of course, they should not be released outside the Agency
without further review. To ensure consistency of print type, please use Times New Roman 12 pt
as the font. More detailed guidance concerning the content of the weekly report entries is set
forth below.
To enable senior managers to focus on "hot" topics, all weekly reports should begin with
a section devoted to prospective activities, rather than past events. This section should feature
"Hot Topics/Heads Up Items" first and address upcoming events with some particular
importance and/or sensitivity, including those of particular interest to the Regional Administrator
and/or the Assistant Administrator for OECA. Highlights of other activities and events that you
think senior OECA and OGC management should be aware of should be presented next, in a
clearly-labeled separate section ("Regular Highlights").
The entries for both "hot topics" and "regular highlights" should cover any significant
issues pertaining to enforcement and compliance assurance, beyond compliance activities
(including pollution prevention, innovative programs and integrated strategies), NEPA and
Environmental Justice. The entries for management and policy issues should identify any
significant management/administrative or policy changes or initiatives you are undertaking to
improve the functioning and effectiveness of your program or address existing or anticipated
concerns or issues that should be brought to the senior managers' attention. The entries under
"OGC Issues" should include significant items related to either counseling issues and activities or
to defensive litigation. If you have an entry under a heading other than "OGC Issues" that has
either counseling or defensive litigation implications, please note that item with an asterisk (*) to
flag it for the Regional Counsels reviewing the weekly reports.
Individual writeups, both "hot topic"and the "regular highlights" entries should include
the following basic information:
Statement of the Issue: (concise statement of the issue or event, include the inception
date of the item and note new items in bold face print -two to three sentences).
Reason Issue is Important: (as appropriate, identify the national or regional priority
addressed or whether issue involves direct implementation, Tribal lands, State referral,
State oversight or Environmental Justice or other reason why the issue is important- one
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to two sentences).
Background: (a concise summary of pertinent facts to help the reader understand the
context and importance of the case, including a comment on the environmental
significance or environmental results of the action and any State involvement— brief
paragraph).
Action Taken or Pending: (one or two sentences describing the specific action or
development that is pending or has taken place, including deadlines or target dates for
pending events).
Contact: (identify primary contacts in both HQ and the Regions (as applicable) who can
provide more information on the topic and their phone numbers and an additional contact
if primary contacts are not available).
A template for this new format is attached.
Finally, in order for senior managers to stay abreast of ongoing developments and
decisions, weekly reporting is important. Each Headquarters and Regional enforcement and
compliance office should therefore report on a weekly basis. Reports should be submitted by
COB Thursday of each week so that they can be edited and compiled by OECA's Office of
Planning, Policy Analysis and Communications (OPPAC) into a single Weekly Activity
Report.
Where to Send Weekly Reports
OECA offices should send their weekly reports — including both confidential and
non-confidential information — to the electronic mailbox, "OECA Weekly Reports." Regional
Offices should send their weekly reports — including both confidential and non-confidential
information — to the electronic mailbox, "OECA-RO Counsel Report." Reports should only be
submitted electronically as described above. No hard copies need to be submitted, and no
electronic copies should be sent directly to the Assistant Administrator's office.
Please begin to use these new procedures with the reports to be submitted on
Thursday, March 6,2003. I appreciate your cooperation in helping to implement these changes
to our current system of preparing and distributing weekly activity reports. Please contact Dennis
DeVoe at (202) 564-2443 or Mary Kay Lynch at (202) 564-2574 if you have any questions about
this memo.
Attachment
cc: J.P. Suarez, Assistant Administrator, OECA
Bob Fabricant, General Counsel, OGC
Steve Shimberg, Associate Assistant Administrator, OECA
Anna Wogast, Principal Deputy General Counsel, OGC
Lisa Jaeger, Deputy General Counsel, OGC
-------
Mary Kay Lynch, Director, OPPAC
Dennis DeVoe, Associate Director, OPPAC
Craig Annear, Senior Counsel, OGC
Weekly Report format template.wi
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£
flH
,£
^1 Suzanne
Rubini/R4/USEPA/US
07/13/2005 11:10AM
To Andy Hey/R4/USEPA/US@EPA, Bill
Sapp/R4/USEPA/US@EPA, Bryan
Myers/R4/USEPA/US@EPA, Caroline
cc
bcc
Subject change in 10 Point format
Mary Kay has requested that all 10 Point Settlement documents be dated and in memo format and that
concurrence lines be added to the bottom of the document for the most senior manager that will be
reviewing the settlement document from OEA and the Waste Division (Mary Kay and Winston for CDs,
Rosalind and the OEA manager for AOCs). Thanks
Suzanne, David and Kevin
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Q 2.
J&W PALLET AND DRUM COMPANY SUPERFUND SITE
Atlanta, Fulton County, Georgia
Site/Spill No. A4FG
I. OVERVIEW
Region 4 proposes to enter into a CERCLA Section 122(h)(1) Settlement Agreement
(Agreement) with Jesse James Woods, Jr. and Anthony Tyrone Jones, previously d/b/a J&W
Pallet and Drum Company (Settling Parties) for the recovery of response costs incurred by EPA
in conducting a removal action at the J&W Pallet and Drum Company Superfiind Site, located at
1121 Allene Avenue, S.W., Atlanta, Georgia (Site). The Settling Parties are liable for EPA's
costs under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), as the current owners of the Site
and the past owners/operators at the Site. This document sets forth the terms of the proposed
settlement and assesses the ten-point settlement criteria of the Interim CERCLA Settlement
Policy, 50 Fed. Reg. 5034 (February 5, 1985). This document further sets forth Region 4's
decision not to pursue a cost recovery action against any other Potentially Responsible Parties
(PRPS) for the remaining unreimbursed costs incurred at the Site in accordance with EPA's June
7, 1988, Memo entitled "Guidance on Documenting Decisions not to take Cost Recovery
Actions."
Pursuant to 122(h)(1) of CERCLA, 42 U.S.C. § 9622(h)(1), EPA will request that the
Department of Justice (DOJ) approve this Agreement as the total response costs at the Site
exceed $500,000.00 and a portion of these costs will be compromised. There are no other viable
PRPs at this Site.
II. TERMS OF THE SETTLEMENT
The Settling Parties have agreed to sell the Site property and pay a percentage of the
proceeds to EPA to settle EPA's CERCLA Section 107(1) lien on the Site property. The Settling
Parties have demonstrated to EPA that they do not have the financial ability to pay any additional
response costs. The Settling Parties do not believe that they can market and sell the property in a
timely manner due to Mr. Woods' declining health. Therefore, the Settling Parties will transfer
their entire interest in the Site property to the 1121 Allene Avenue Limited Liability Company
(Property Broker), which will maintain, market, and sell the Site property and pay EPA a
percentage of the proceeds in accordance with terms of this Agreement. The Site property's
appraised value is $150,000. To facilitate this arrangement, the Property Broker is included as a
party to this Agreement. As of June 2008, EPA's total past costs at the Site were $645.681.37 of
which EPA expects to recover up to $120,000.
III. BACKGROUND
The Settling Parties purchased the property on which the Site is located in 1993 from
Mercer Brown. Mr. Brown agreed to finance the purchase, and the Settling Parties entered into
an agreement with him whereby the Settling Parties would make monthly payments to Mr.
Brown, and Mr. Brown would place a lien on the Site property. The property sales agreement
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ENFORCEMENT CONFIDENTIAL
ATTORNEY WORK PRODUCT
was properly executed, but Mr. Brown never recorded his lien on the property with the Clerk's
Office in Fulton County, Atlanta, Georgia.
From 1993 until 1996 the Settling Parties operated a drum and pallet cleaning and
recycling company at the Site. In 1996, Mr. Woods learned he had cancer. Due to Mr. Wood's
failing health, the Settling Parties abruptly stopped doing business at the Site and left
approximately 2500 totes, 55-gallon drums, and other containers, which contained various types
of hazardous substances, in and around a warehouse located on the Site. There was no fence
around the Site, and therefore anyone could access the Site. At the same time, the Settling
Parties also stopped making their monthly mortgage payment to Mr. Brown and paying the
property taxes. Mr. Brown began paying the property taxes himself.
In June 2004, the Fulton County Fire Department called EPA to report that unknown
substances were leaking from the Site into the City of Atlanta's sewer system. EPA conducted a
Removal Action at the Site from June 22, 2004, through March 2006, which included clearing
the warehouse and property, demolishing the fallen sections of the warehouse roof, bulking the
waste, excavating contaminated soil, disposing of RCRA-empty drums and totes, disposing of
the waste and contaminated soil, and restoring the drain to the City of Atlanta's sewer system.
EPA has since determined that no further remedial action is necessary at the Site.
On June 28, 2004, EPA filed a Notice of Federal Lien on the Site property in the Fulton
County Clerk's Office. There was no other lien recorded on the Site property. In 2007, Mr.
Brown died and whatever interest he had in the Site property reverted to his Estate. To date, Mr.
Brown and his Estate have paid property taxes totaling approximately $30,000 on the Site. The
property is still recorded in the Fulton County Clerk's Office in the name of Mercer Brown,
despite the sales agreement with Mr. Woods and Mr. Jones
In March 2008, EPA had a meeting with the Settling Parties and counsel for the Brown
Estate. The Settling Parties claimed that they did not have an ability to pay the outstanding costs
incurred by EPA in performing the removal action, but they were amenable to selling the Site
property and giving the proceeds to EPA to settle their liability. Due to Mr. Wood's declining
health, Mr. Woods did not believe that he and Mr. Jones could market and sell the property. The
Brown Estate agreed to form the 1121 Allene Avenue Limited Liability Corporation (Property
Broker) for the express purpose of taking possession of, maintaining, and selling the property in
return for the lesser of 20% of the Net Sales Proceeds or $30,000, which represented the amount
of money that Mr. Brown and his Estate had paid to satisfy the property taxes over the years.
The Settling Parties also agreed to provide EPA with financial information. EPA evaluated the
Settling Parties financial status and determined that the Settling Parties did not have the ability to
pay any additional sum of money to EPA.
2
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ENFORCEMENT CONFIDENTIAL
ATTORNEY WORK PRODUCT
IV. TEN POINT SETTLEMENT ANALYSIS
The following evaluates the Agreement in accordance with the ten-point criteria outlined
in the memorandum entitled "Interim CERCLA Settlement Policy," 50 Fed. Reg. 5034 (February
5, 1985).
1. Volume of Waste Contributed.
The Settling Parties are liable as PRPs under Section 107(a) of CERCLA, 42 U.S.C. §
9607(a), as (1) owners and past operators of J&W Pallet and Drum Company, (2) owners of the
property on which the business operated at the time of disposal of hazardous substances at the
Site, and (3) current owners of the Site. Therefore, the Settling Parties are liable for all of the
hazardous substances, contamination, and other pollutants found at the Site.
2. Nature of Waste at the Site.
The substances found at the Site include sodium hydrosulfide, acetic acid solution, and
hydrofluosiJicic acid, among others. These substances are hazardous substances pursuant to
CERCLA Section 101(14), 42 U.S.C. § 9601(14), and 40 C.F.R. § 302.4.
3. Strength of Evidence Linking Wastes to the Potentially Responsible Parties.
The Settling Parties admitted in their administrative depositions that, at the time of the
disposal of hazardous substances at the Site, they owned and operated the facility. EPA has
documentation demonstrating the Settling Parties' ownership of the Site property and operation
of the facility at the Site.
4. Ability of the Potentially Responsible Parties to Pay.
EPA conducted an Ability To Pay (ATP) analysis on each of the Settling Parties. EPA's *
ATP analysis concluded that the Settling Parties did not have the ability to pay EPA to settle this
matter. (Attachment A).
5. Litigation Risks in Proceeding to Trial.
A. Admissibility of the Government's Evidence.
There are no problems with the admissibility of the government's evidence in this
matter.
3
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ENFORCEMENT CONFIDENTIAL
ATTORNEY WORK PRODUCT
B. Adequacy of the Government's Evidence.
There are no problems with the adequacy of the government's evidence against
the Settling Parties.
C. Availability of Defenses.
If litigation occurs, the only defense that the Settling Parties have that is recognized by
Section 107(b) of CERCLA, 42 U.S.C. § 9607(b), is the defense that some of the damages
incurred at the Site were "caused solely" ... "by an act of a third party". In order to establish a
third party defense under Section 107(b)(3) of CERCLA, 42 U.S.C. § 9607(b)(3), the party
asserting the defense must bear the burden of proving that the act or omission was conducted by
someone other than the person claiming the defense, by someone with whom that person has no
contractual relationship, and that the person took precautions against foreseeable acts or
omissions of any such third party and the consequences that could result from such acts or
omissions. Both Mr. Woods and Mr. Jones claim that many of the 55-gallon drums, totes, and
containers EPA removed from the Site were illegally dumped on the Site property by third
parties after J&W Pallet and Drum Company ceased operations on the Site.
The evidence will show, however, that Mr. Woods and Mr. Jones did not take reasonable
precautions that would prevent third parties from trespassing or dumping drums and containers
on their property, such as installing a fence around the property. Therefore, the "third party
defense" is weak, at best.
6. Public Interest Consideration.
The settlement contained in the Agreement is in the public interest because it prevents
costly and time-consuming litigation and allows the EPA to recover some of its past costs.
7. Precedential Value.
The settlement of this matter is in keeping with national EPA policy and takes into
consideration the risks and costs associated with litigation.
8. Value of Obtaining a Present Sum Certain.
Under the Agreement, EPA will recover up to approximately $120,000 of response costs.
As of June 2008, the total response costs were $645,681.37. While the recovery amount is only
one-fifth of the total response costs, it is still a fair and beneficial settlement taking into
4
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ENFORCEMENT CONFIDENTIAL
ATTORNEY WORK PRODUCT
consideration EPA's analysis of the Settling Parties finances . Without a settlement, EPA would
be forced to file legal proceedings to foreclose on the Site property to satisfy its CERCLA 107(1)
lien. The litigation costs and the costs incurred by the Government to sell the property could be
close to, equal, or exceed the amount actually realized.
9. Inequities and Aggravating Factors.
This settlement presents no inequities or aggravating factors. This settlement is a fair,
equitable, and beneficial settlement for all parties.
10. Nature of Case Remaining After Settlement
This settlement completely resolves all issues involving EPA at the Site. The balance of
EPA's remaining costs will be compromised, as there are no other viable PRPs. An analysis of
the remaining PRPs is set forth below:
A. Owners/Operators Other Than the Settling Parties
Mercer Brown sold the Site property to the Settling Parties in 1993. The Settling Parties
testified in their administrative depositions that Mr. Brown had no ownership interest in J&W
Pallet and Drum Company and that Mr. Brown was never involved in the business. The Settling
Parties further testified that all of the 55-gallon drums, totes, and various containers were not on
the Site property when they purchased it from Mr. Brown and that Mr. Brown never directed the
treatment or disposal of any hazardous waste at the Site. Therefore, Mercer Brown is not a PRP
at this Site.
B. Transporters
The Settling Parties testified in their administrative depositions that they were the only
people who transported drums, totes or containers to the Site. Therefore, there are no
transporters to purse for the recovery of the response costs.
C. Generators
Of the 2500 totes, 55-gallon drums, and containers removed from the Site, EPA only
located labels from approximately 100 of the various drums, totes, and containers. EPA sent
CERCLA Section 104(e) Information Request letters to all of the companies it identified from
the labels to determine if the companies were generators of hazardous waste. As expected, the
I The appraised value of the Property is $ 150,000. The Property Broker is entitled to retain the lesser of 20% of the
Net Sales Proceeds or $30,000. In summary, the Net Sale Proceeds is defined as the total value of all consideration
received by Property Broker from sale of the Property less, any brokerage commission or fee; related legal fees not
to exceed $2,000: costs for maintenance not to exceed $2,500; property taxes paid on the Property while owned by
the Property Broker; and federal and state taxes owed on the proceeds.
5
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ENFORCEMENT CONFIDENTIAL
ATTORNEY WORK PRODUCT
responses to the Information Requests revealed that the majority of the recipients were
manufacturers, and none of the manufacturers did business with J&W Pallet & Drum. Fourteen
of the companies EPA identified were generators, but unfortunately, in response to the CERCA
104(e) Information Requests, those companies either denied doing business with J&W Pallet &
Drum, had filed for bankruptcy, or had been acquired by another company that did not have
responsibility for the prior company's liabilities.
The Settling Parties testified in their administrative depositions that they could only recall
the names of approximately ten companies that they had picked up drums from over the years.
All of the companies that Mr. Woods and Mr. Jones identified are either no longer in business or
are shielded from liability by prior bankruptcy proceedings.
Considering the unique factors of this case (the Settling Parties' inability to pay and the
lack of evidence against transporters and generators), this settlement is fair, equitable, and
beneficial to EPA and the Settling Parties. Based upon the sale of the Site property, EPA expects
to recover up to $120,000 in cost. There is no evidence that warrants EPA pursuing any other
action to recover the remaining outstanding costs. This ten point settlement analysis also serves
as the Region's Decision Document to write-off an estimated $525,681.37 in unreimbursed cost.
~ ~ ~ ' si on Document:
V. CONCLUSION
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ENFORCEMENT CONFIDENTIAL
ATTORNEY WORK PRODUCT
responses to the Information Requests revealed that the majority of the recipients were
manufacturers, and none of the manufacturers did business with J&W Pallet & Drum. Fourteen
of the companies EPA identified were generators, but unfortunately, in response to the CERCA
104(e) Information Requests, those companies either denied doing business with J&W Pallet &
Drum, had filed for bankruptcy, or had been acquired by another company that did not have
responsibility for the prior company's liabilities.
The Settling Parties testified in their administrative depositions that they could only recall
the names of approximately ten companies that they had picked up drums from over the years.
All of the companies that Mr. Woods and Mr. Jones identified are either no longer in business or
are shielded from liability by prior bankruptcy proceedings.
V. CONCLUSION
Considering the unique factors of this case (the Settling Parties' inability to pay and the
lack of evidence against transporters and generators), this settlement is fair, equitable, and
beneficial to EPA and the Settling Parties. There is no evidence that warrants EPA pursuing any
other action to recover the remaining outstanding costs.
Prepared by:
Teresa Mann, Assistant Regional Counsel Date
Office of Environmental Accountability
I concur with the Ten-Point Settlement Analysis/Decision Document:
David Clay, Chief Date
Office of CERCLA Legal Support
Office of Environmental Accountability
Anita L. Davis, Chief Date
Superfund Enforcement and Information
Management Branch
Superfund Division
Franklin E. Hill, Director
Superfund Division
Date
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hi
MEMORANDUM
SUBJ: CERCLA Referral Document Distribution and Briefing Procedures
FROM: David Clay
Suzanne Rubini
Kevin Smith
TO: Staff, Offices of CERCLA Legal Support
The purpose of this memorandum is to establish procedures for attorneys in the Region 4
Office of Environmental Accountability (OEA) to ensure consistency in our CERCLA referral
routing and briefing process.
o CERCLA Office Chiefs and, as appropriate, Senior Attorneys, should be consulted prior
to and during the drafting of the referral to assist in identifying legal issues and to ensure
consistency with Regional and National policy. Each CERCLA Office Chief shall determine,
based on, among other things, the complexity of the matter, whether or not Senior Attorney
involvement is necessary in the preparation of the referral. Before a referral is sent to the
CERCLA Office Chief in draft final form, it should have been reviewed by the Senior Attorney,
as appropriate, and client staff. In addition, appropriate consultation should have taken place
with OECA, OGC, OSWER and DOJ. The Regional Counsel should be informed and consulted
on any significant issues.
o Once the CERCLA Office Chief has reviewed and approved the draft final referral, the
referral (minus exhibits) should be put in a formal routing package.
o The routing cover sheet should contain a synopsis of the referral and should identify any
significant legal, policy, congressional, or public interest issues. Significant issues in the case
should be timely reported in the weekly and RAW reports.
o If a briefing is requested by the Regional Counsel, the staff attorney will prepare a
briefing sheet. The briefing sheet should be provided to the Regional Counsel at least two days
prior to the briefing.
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2
o The staff attorney will provide advance notice to the Regional Counsel's administrative
assistant of any briefing scheduled with the Waste Management Division Director, Deputy
Regional Administrator, Chief of Staff, and/or the Regional Administrator so that the meeting
can be placed on the Regional Counsel's calendar and the Regional Counsel can have the
opportunity to be pre-briefed prior to the meeting. If the Regional Counsel requests a pre-
briefing, the briefing should be scheduled to occur at least two days prior to the meeting with the
Waste Management Division Director or the Office of the Regional Administrator. The Regional
Counsel, or in her absence, the Deputy Regional Counsel, will attend referral briefings with the
Regional Administrator. The staff attorney will coordinated this with OEA's front office
administrative staff.
o The routing chain for all CERCLA referrals is as follows:
1. Staff Attorney
2. OEA Senior Attorney, as appropriate
3. OEA CERCLA Office Chief
4. Enforcement Project Manager
5. Cost Recovery Section Chief
6. Cost Recovery Branch Chief
(If the referral includes removal or remedial work, include the following in the
routing)
6a. OSCorRPM
6b. Removal or Remedial Section Chief
6c. Removal or Remedial Branch Chief
7. Deputy Regional Counsel
8. Regional Counsel
9. Waste Management Division Director
10. Regional Administrator
If there are any questions regarding this policy or its implementation, staff should consult
with their respective CERCLA Office Chief.
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I" '
September 30, 2008
MEMORANDUM
SUBJECT: Revised CERCLA Referral Document Distribution
FROM: David K. Clay
Chief, Office of CERCLA A Legal Support
TO: Offices of CERCLA Legal Support
This memorandum provides a reference list for OEA attorneys who have CERCLA cases
that require direct or indirect referrals to the U.S. Department of Justice (DOJ) and the Office of
Enforcement and Compliance Assurance (OECA). The attached information has been revised to
reflect changes and corrections, and supersedes the previous February 8, 2006, memorandum on
this subject. The attachment provides instructions on which documents to copy and to whom
they should be sent, along with necessary titles, addresses, and corrected mail codes.
Additionally, model cover letters are provided for each of the four principal categories of
referrals.
Electronic copies of the four attached model cover letters are provided on the S drive. To
access the models, select the S drive, then "Apps", then "eadmodel", then "CERCLA Model
Documents". The four file names, within this memorandum, are:
1) Past Costs Civil Referral-Cover Ltr-08_vsnl
2) RDRA Pre-Referral-Cover Ltr-08_vsn 1
3) CD for RDRA Referral-Cover Ltr-08_vsnl
4) Withdrawal of CERCLA Referral Ltr-08_vsnl
If you have any questions or suggestions for additional updates, please see Tom
Hernandez.
Attachments (5)
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ATTACHMENT A
I. Direct Civil Referrals for Cost Recovery
A. Bv Regular Mail to DO.T
Original Letter from Regional Administrator with Referral Package (minus
exhibits) to:
Honorable Ronald J. Tenpas
Assistant Attorney General
U.S. Department of Justice
Environmental Enforcement Section
P.O. Box 7611
Washington, D.C 20044-7611
(or U.S. Department of Justice, Environmental Enforcement Section, 601 D
Street, N. W„ Room 2121, Washington, D.C. 20004 with "VIA FEDERAL
EXPRESS" typed at the top)
cc (w/enclosures): Henry Friedman, Section Chief
Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Or for overnight delivery:
U.S. Department of Justice
Environmental Enforcement Section
601 D Street, N.W.
Room 2121
Washington, D.C. 20004
B. Bv Priority Pouch Mail to HQ
cc (w/o enclosures): Marcia E. Mulkey, Director (Mail Code 2271 A)
Office of Site Remediation Enforcement
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
cc (w/enclosures minus exhibits): Bruce Kulpan, Chief (Mail Code 2272A)
Regions 3,4 & 8 Branch, Regional Support Division
Office of Site Remediation Enforcement
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U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
C. By Intra-office Mail to Superfund Enforcement and Information
Management Branch
cc (w/enclosures): Anita L. Davis, Chief, Superfund Enforcement and
Information Management Branch
II. Pre-Referrals (PRN's or "Mini-Lits") for RD/RA
A. Bv Regular Mail to DO.T
Original Letter and Original PRN (minus exhibits) from Director, Superfund
Division, to:
Bruce Gelber, Chief
Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Or overnight delivery:
U.S. Department of Justice
Environmental Enforcement Section
601 D Street, N.W.
Room 2121
Washington, D.C., 20004
(with "VIA FEDERAL EXPRESS" typed at the top)
cc (w/enclosures): DOJ Section Chief Henry Friedman
B. Bv Priority Pouch Mail to HO
Same instructions as in Section I.B.
C. Bv Intra-Office Mail to Superfund Enforcement and Information
Management Branch
Same instructions as in Section I.C.
3
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III. Transmittal of Signed CD's with "Ten-Points" for RD/RA for Cases Directly
Referred to DOJ
A. Bv Regular Mail to DO.T
Original Letter from Regional Administrator with copies of (1) "Ten-Point,"
(2) Draft Complaint, and (3) CD to:
Honorable Ronald J. Tenpas
Assistant Attorney General
U.S. Department of Justice
Environmental Enforcement Section
P.O. Box 7611
Washington, D.C. 20044-7611
cc letter & original of all documents to: Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Attention: Joe Davis
Case Management Unit
Room 13080
or for overnight delivery:
U.S. Dept. of Justice
Environmental Enforcement Section
601 D Street, NW
Case Mgt. Unit, Room 13080
Attn: Joe Davis
Washington, D.C. 20004
(with "VIA FEDERAL
EXPRESS" typed at the top)
cc (w/o enclosures): DOJ Section Chief Henry Friedman
cc (w/o enclosures): DOJ Staff Attorney
B. Bv Priority Pouch Mail to HO
Same instructions as in Section I.B., with one addition:
cc (w/o enclosures): OSRE Staff Attorney (if one has been assigned)
4
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-jis
C. By Intra-office Mail to Superfund Enforcement and Information
Management Section
Same instructions as in Section I.C.
IV. Referral Withdrawal to DOJ
A. By Regular Mail to DO.I
Original letter from Regional Administrator and enclosure (if applicable) to:
Bruce Gelber, Chief
Environmental Enforcement Section
U.S. Department of Justice
P.O.Box 7611
Washington, D.C. 20044-7611
or for overnight delivery:
U.S. Department of Justice
Environmental Enforcement Section
601 D Street, N.W.
Room 2121
Washington, D.C. 20004
(with "VIA FEDERAL EXPRESS" typed at the top)
cc: DOJ Section Chief Henry Friedman (w/o enclosure)
B. By Intra-office Mail to Superfund Enforcement and Information Branch
Same instructions as in Section I.C.
5
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ATTACHMENT B
FILE NAME = Past Costs Civil Referral-Cover Ltr-08_vsnl
VIA FEDERAL EXPRESS
Honorable Ronald J. Tenpas
Assistant Attorney General
U.S. Department of Justice
Environmental Enforcement Section
601 D Street, N.W.
Room 2121
Washington, D.C. 20004
Re: XYZ] Superfund Site [SSID=X4XX]
[City], [-—] County, [State]
Dear Mr. Tenpas:
The purpose of the enclosed referral is to request that the Department of Justice file a
civil action pursuant to Section 107 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. §§ 9601 et seq.. to
obtain reimbursement for response costs incurred by the Environmental Protection Agency at the
[XYZ] Site, [City], [State]. [AS APPROPRIATE: This referral also requests that the
Department of Justice seek punitive diamages under Section 107(c)(3) of CERCLA, 42
U.S.C. § 9607(c)(3).]
The Region 4 attorney assigned to this case is , (404)562-[xxxx], and the Region
4 Enforcement Project Manager assigned to this case is , (404)562-[xxxx].
Sincerely,
J. I. Palmer, Jr.
Regional Administrator
Enclosures [Need to List]
cc: Mary Wilkes, EPA, Region 4, OEA (w/o enclosures)
Marcia Mulkey, EPA/OSRE (w/o enclosures)
Bruce Kulpan, EPA/OSRE (w/enclosures minus exhibits)
Henry Friedman, DOJ/EES (w/enclosures)
Anita Davis, EPA, Region 4, SEIMB (w/enclosures)
6
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jr y
ATTACHMENT C
FILE NAME = RDRA Pre-Referral-Cover Ltr-08_vsnl
Bruce Gelber, Chief
Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: [XYZ] Superfund Site [SSID=X4XX]
[City], [—] County, [State]
Dear Mr. Gelber:
The purpose of this letter is to transmit to you the Remedial Design/Remedial Action Pre-
Referral Litigation Report for the above-referenced Site, in accordance with the October 12,
1990, "Pre-Referral Negotiation Procedures for Superfund Cases" memorandum. EPA Region 4
expects to sign a Record of Decision for this Site by , 200x.
If there is any additional information you need at this time, please contact
Assistant/Associate Regional Counsel, at (404)562-[xxxx], or the Remedial Project Manager,
- , at (404)562-[xxxx].
Sincerely,
Franklin E. Hill
Director
Superfund Division
Enclosure (minus exhibits)
cc: Mary Wilkes, EPA, Region 4, OEA (w/o enclosures)
Marcia Mulkey, EPA/OSRE (w/o enclosures)
Bruce Kulpan, EPA/OSRE (w/enclosures minus exhibits)
Henry Friedman, DOJ/EES (w/enclosures)
Anita Davis, EPA, Region 4, SEIMB (w/enclosures)
7
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FILE NAME =CD for RDRA Referral-Cover Ltr-08_vsnl
ATTACHMENT D
VIA FEDERAL EXPRESS
Honorable Ronald J. Tenpas
Assistant Attorney General
U.S. Department of Justice
Environmental Enforcement Section
601 D Street, N.W.
Room 2121
Washington, D.C . 20004
Re: CERCLA §§ 106 and 107 Consent Decree for RD/RA
[XYZ] Superfund Site [SSID=X4XX]
[City], [-—] County, [State]
Dear Mr. Tenpas:
The purpose of this letter is to refer the above-referenced matter for the filing of a
Complaint and the lodging of the Consent Decree for entry in the District of the State of —
. The Decree has been executed by the Defendants and by Region 4.
Enclosed for your concurrence or signature are copies of: (1) the Consent Decree; (2) the
"Ten-Point" Settlement Analysis assessing the proposed settlement; and (3) the draft Complaint.
The originals of these documents have been sent to your staff to be logged into the EES Tracking
System and delivered to the DO J Trial Attorney.
, of the Environmental Enforcement Section, is the DOJ trial attorney assigned to
this case. The Region 4 attorney assigned to this case is . [He/she] can be
contacted at (404)562-[xxxx].
Sincerely,
J. I. Palmer, Jr.
Regional Administrator
Enclosures (3)
cc: Mary Wilkes, EPA, Region 4, OEA (w/o enclosures)
Marcia Mulkey, EPA/OSRE (w/o enclosures)
8
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Bruce Kulpan, EPA/OSRE (w/enclosures minus exhibits)
[OSRE Staff Attorney: If applicable], EPA/OSRE (w/o enclosures)
Henry Friedman, DOJ/EES (w/o enclosures)
[DOJ Staff Attorney], DOJ/EES (w/o enclosures)
Joe Davis, DOJ/CMU (w/original CD)
Anita Davis, EPA, Region 4, SEEMB (w/enclosures)
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\o
ATTACHMENT E
FILE NAME = Referral Withdrawal Ltr-08_vsnl
Bruce Gelber, Chief
Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: Withdrawal of Civil Referral for Cost Recovery and Request for "Prior Written
Approval" on a CERCLA 122 (h) Administrative Settlement Concerning the [XYZ]
Superfund Site [SSID = x4xx] located in [City], [ ]County, [State]
[OR - (Use this when DOJ must be a signatory using their inherent authority)
"Re: Withdrawal of Civil Referral for Cost Recovery and Request for Signature
on a CERCLA 122 (h) Administrative Settlement Concerning the [XYZ] Superfund Site
[SSID = x4xx] located in [City], [ ]County, [State]"]
[OR - "Re: Withdrawal of Civil Referral for Cost Recovery concerning the [XYZ]
Superfund Site [SSID = x4xx] located in [City], [ ]County, [State]"]
Dear Mr. Gelber:
On [Insert Date], the U.S. Environmental Protection Agency (EPA) referred the above
matter to the U.S. Department of Justice (DOJ) and requested that DOJ file a civil action against
several Potentially Responsible Parties (PRPs) pursuant to Sections 107 and 113 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA),
as amended, 42 U.S.C. §§ 9607 and 9613, to obtain reimbursement of response costs and interest
incurred by EPA at the [Insert Site Name]. The purpose of this letter is to request the withdrawal
of EPA's referral.
This request is being made as the result of a proposed administrative settlement that has
been reached with the PRPs under Section 122 of CERCLA, 42 U.S.C. §9622. The proposed
administrative settlement and draft Ten Point Settlement Analysis are enclosed. Pursuant to the
September 30, 1998, memorandum from Barry Breen and Bruce S. Gelber entitled, "Guidance on
Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative
Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney
10
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X
General Authority," EPA requests that DO J [provide written approval of1] [sign2] the
administrative settlement.
[OR - "This request is being made after consultation with DOJ. EPA originally felt that it
could successfully prosecute a case against the PRPs named in the referral. However, subsequent
investigation undermined our liability theory. Therefore, EPA hereby withdraws its referral of
the matter."]
If you need any additional information regarding this matter, you may contact the Region
4 attorney assigned to this case, - , at (404)562-xxxx, or the DOJ attorney
assigned to the case, , at (202)xxx-xxxx.
Sincerely,
J. I. Palmer, Jr.
Regional Administrator
Enclosures
cc: Henry Friedman, DOJ/EES (w/ enclosures)
Mary Wilkes, Regional Counsel and Director, OEA (w/o enclosures)
Anita Davis, Chief, SEIMB, Region 4 (w/o enclosures)
Teresa Shirley, Office of Customer Service, OEA, Region 4
xIf DOJ is not signing the settlement, out merely providing
approval (e.g. past costs settlement), then DOJ must approve the
settlement prior to EPA signing the settlement.
2If DOJ is signing the settlement (e.g. ATP cashout), then
EPA must sign the settlement prior to requesting DOJ signature.
11
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file name = F:\cercla referral memo with 4 letters.09.30.08
12
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eO
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:T<
HOW TO ACCESS THE R4 CORRESPONDENCE MANUAL
FROM THE DAILY NEWS PAGE
On the left side of the Daily News page under Menu, select:
1. Toolbox
2. Administrative
3. Correspondence Manual (April 2007)
file name = F:\HOW TO ACCESS THE R4 CORRESPONDENCE MANUAL FROM THE
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K
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K1
Sharon To R4 0EA Staff
Thompson/R4/USEPA/US cc
07/24/2007 04:29 PM
bcc
Subject Fw: IMPORTANT NOTICE! re EPA Corres. Manual, April
2007
Review Julia's notes below about changes to correspondence format.
I worked up some sample letters and memos from the new manual
guidelines and Becky Cover is reviewing them. We hope to have some
samples out to the Division soon.
Thanks
Sharon Thompson
Forwarded by Sharon Thompson/R4/USEPA/US on 07/24/2007 03:27 PM
Julia Mooney /R4/USEPA/US
07/24/2007 12:35 PM
To Ernestine Faircloth/R4/USEPA/US@EPA, Stacy
Witherspoon/R4/USEPA/US@EPA, Shelia
Wells/R4/USEPA/US@EPA, Kristine
Johnson/R4/USEPA/US@EPA, Marilyn
Vidmar/R4/USEPA/US@EPA, Lawana
Woodard/R4/USEPA/US@EPA, Shannon
Thomas/R4/USEPA/US@EPA, Gwendolyn
Arno!d/R4/USEPA/US@EPA, Elizabeth
Miller/R4/USEPA/US@EPA, Sharon
Thompson/R4/USEPA/US@EPA, Ella
MCIendon/R4/USEPA/US@EPA
cc MaryFrazier/R4/USEPA/US@EPA, Sharan
Sitton/R4/USEPA/US@EPA, Rebecca
Cover/R4/USEPA/US@EPA, Don
Christy/R4/USEPA/US@EPA, Jim
Giattina/R4/USEPA/US@EPA, Gail
Mitchell/R4/USEPA/US@EPA, Dee
Stewart/R4/USEPA/US@EPA, Beverly
Banister/R4/USEPA/US@EPA, Carol
Kemker/R4/USEPA/US@EPA, Mike
Peyton/R4/USEPA/US@EPA, Alan
Farmer/R4/USEPA/US@EPA, Franklin
Hill/R4/USEPA/US@EPA, WandaL
Johnson/R4/USEPA/US@EPA, Cynthia
Peurifoy/R4/USEPA/US@EPA, Brygn
Myers/R4/USEPA/US@EPA, Allison
Wise/R4/USEPA/US@EPA, Queen
Lovett/R4/USEPA/US@EPA, Carl
Terry/R4/USEPA/US@EPA, Julia
Mooney/R4/USEPA/US@EPA
Subject Fw: IMPORTANT NOTICE! re EPA Corres. Manual, April
2007
As noted in Becky Cover's e-mail of 7/11/07 (forwarded below), the revised EPA Correspondence Manual
(April 2007), is now in effect and all correspondence should comply with the guidelines in the Manual. A
copy of the Manual can be accessed from the attachment in Becky's e-mail. CMS coordinators can also
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access it from the Library tab in the CMS system.
I have not yet had time to review the Manual in its entirety; however, the following are some changes that
have been noted and are to be implemented immediately:
1. Page numbers should now be at the bottom of the page (centered) rather than the top.
2. In the address block, City and State should be spelled out. Previously, the state could be abbreviated.
3. When the address is Washington, DC, the correct use is now Washington, D.C.
4. In memos, the word MEMORANDUM is now bolded and underlined. The elements, "Subject," "From,"
"Thru," and "To" are now bolded.
Please forward to all employees in your Division. I do not know when or if HQ will provide us with hard
copies of the Manual - administrative staff may want to print out a copy for use in their respective
programs.
Thank you for your prompt attention and compliance with the revised correspondence guidelines.
Julia Mooney
Office of External Affairs
EPA, Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
404/562-8302
Forwarded by Julia Mooney/R4/USEPA/US on 07/24/2007 07:37 AM
Cover/R4/US EPA/US
07/11/2007 01:04 PM
To Shelia Wells/R4/USEPA/US@EPA, Gwendolyn
Arnold/R4/USEPA/US@EPA, Queen
Lovett/R4/USEPA/US@EPA, Marilyn
Vidmar/R4/USEPA/US@EPA, Sharan
Sitton/R4/USEPA/US@EPA, Ernestine
Faircloth/R4/USEPA/US@EPA, Lawana
Woodard/R4/USEPA/US@EPA, Shannon
Thomas/R4/USEPA/US@EPA, Elizabeth
Miller/R4/USEPA/US@EPA, Sharon
Thompson/R4/USEPA/US@EPA, Luz
Colon/R4/USEPA/US@EPA, Julia
Mooney/R4/USEPA/US@EPA, Bryan
Myers/R4/USEPA/US@EPA, Mary
Frazier/R4/USEPA/US@EPA
cc Jimmy Palmer/R4/USEPA/US@EPA, Stan
Meiburg/R4/USEPA/US@EPA, Don
Christy/R4/USEPA/US@EPA, Sharan
Sitton/R4/USEPA/US@EPA, Ella
MCIendon/R4/USEPA/US@EPA, ThomasL
Baugh/R4/USEPA/US@EPA, Bill
Patton/R4/USEPA/US@EPA, Connie
Dempsey/R4/USEPA/US@EPA, Becky
Hendrix/R4/USEPA/US@EPA, Cynthia
Peurifoy/R4/USEPA/US@EPA, Linda
Rimer/RTP/USEPA/US@EPA, Rita
Wayco/R4/USEPA/US@EPA, Lloyd
Bates/R4/USEPA/US@EPA, Elvie
Bartow/R4/USEPA/US@EPA, Deborah
Carter/R4/USEPA/US@EPA, Karen
Smith/R4/USEPA/US@EPA, Denise
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K3
Tennessee/R4/USEPA/US@EPA, Russell
Wright/R4/USEPA/US@EPA, Gwendylon
Smith/R4/USEPA/US@EPA, Sheryl
Good/R4/USEPA/US@EPA, Dan
Olone/R4/USEPA/US@EPA, Beverly
Banister/R4/USEPA/US@EPA, Jim
Giattina/R4/USEPA/US@EPA, Alan
Farmer/R4/USEPA/US@EPA, Franklin
Hill/R4/USEPA/US@EPA, Mike
Peyton/R4/USEPA/US@EPA, WandaL
Johnson/R4/USEPA/US@EPA, Carol
Kemker/R4/USEPA/US@EPA, Gail
Mitchell/R4/USEPA/US@EPA, Dee
Stewart/R4/USEPA/US@EPA, Kenneth
Lapierre/R4/USEPA/US@EPA, Archie
Lee/R4/USEPA/US@EPA, Charles
Hooper/R4/USEPA/US@EPA, Cory
Berish/R4/USEPA/US@EPA, Keith
Mills/R4/USEPA/US@EPA, Mary
Wilkes/R4/USEPA/US@EPA, Ken
Mitchell/R4/USEPA/US@EPA
Subject Re: EPA Correspondence Manual, April 2007
Please ensure this manual is forwarded to all employees within your division. It is the responsiblitv of
each individual employee to ensure their corresondence complies with the manual, including proofreading
As you review the manual, you will see there are significant changes in some areas, e.g., page numbers
on letters are now placed at the bottom of succeeding pages, and the format of a memorandum has
changed:..the word MEMORANDUM at the top of a memo is now bolded in addition to being underlined,
and the elements, "Subject," "From," 'Thai," and To" are now bolded.
By working together and following the procedures provided jn the manual, we can be assured that
outgoing correspondence is consistent and reflects a positive image of Region 4.
Thanks,
Becky"
EPA Correspondence Manual.4.2007.pdf
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Sharon
Thompson /R4/USEPA/US
10/23/2007 02:36 PM
To R4 0EA Staff
cc
bcc
Subject Be sure to check 1 inch margins on outgoing
correspondence
FYI:
When preparing outgoing correspondence, be sure to check for
1 inch right and left margins.
Word Perfect defaults to a 1 inch margin.
Word defaults to a 1.25 inch margin, so you have to reset the page
margins.
We are getting documents back with hits on the wrong margins.
Sharon Thompson
404-562-9507
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M
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s MhtJW L. - p ic I
7. Executive letterhead (smaller than standard 8 Vi by 11-inch paper) may be
formatted according to the signatory's wishes. If letterhead dimensions are
different, letter margins may be adjusted to accommodate the difference.
8. For succeeding pages (any page after the first page) use plain bond paper. Do not
use Agency letterhead or stationery on succeeding pages.
1. As of September 2005, Microsoft Word is the standard Agency word processing
software. All word processing, except for legal documents and documents for
which another federal agency has prescribed a specific format, must be done in
Microsoft Word.
2. When preparing correspondence, documents should be prepared in either a
"Normal" or "Print Layout" view. Do not prepare documents in a "Web Layout
View" as the document may be formatted differently. (View designations are
listed in the bottom left-hand corner of a Microsoft Word document.)
3. For more information about Microsoft Word, see Appendix D: Microsoft Office
Directive.
1. Font and Typeface: Correspondence should be typed in 12 point Times New
Roman typeface. Microsoft Word has a large selection of fonts and font sizes, so
check to make sure that the designated standards have been selected before you
begin to write.
2. Script and italics: Except for occasional emphasis, use script and italics sparingly.
Never type an entire document in script or italics.
3. Spacing: Correspondence should be single-spaced (it is much easier to edit and
re-forqnat single spaced documents than those using other spacing options).
Always use two spaces between sentences. Follow this format whether you are
writing letters, formal e-mails, or memoranda. Include one space after colons (:),
semicolons (;), commas (,), parentheses (), and hyphens (-).
1. Use black ink when printing correspondence.
2. As a matter of personal preference, signing officials may use blue or black ink to
affix their signature to correspondence. No other colors are acceptable for official
correspondence.
C. Typeface
D. Ink
36
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/V I
Thomas
Hernandez /R4/USEPA/US
05/08/2008 04:28 PM
To Thomas Hernandez/R4/USEPA/US@EPA
cc
bcc
Subject Synopsis of Plain Language and Style Manual Links
Mary, you may want to forward this to all of CERCLA-B.
1) The link to Federal Plain Language Guidelines is in the most recent email from Cincy [Passive voice is
an entire page on page 12(?)]
2) The link to the only EPA-endorsed style manual, AP Stvlebook. is in the original response from Cincy
below
3) The link to GPO Style Manual is here:
http://www.gpoaccess.gov/stylemanual/browse.html
4) I have been cautioned about mass-copying my two articles on "Plain English". Under theMay/June
2001 article, "Dirty Dozen -12 Tips for Cleaner Writing", tip #1 is "Use the Active Voice".
It explains:
"Active voice avoids confusion and ambiguity, especially when the subject has been omitted."
This article also contains a very helpful chart on how to replace awkward words or legalese with
recommended plain language.
Thanks, Tom
Forwarded by Thomas Hernandez/R4/USEPA/US on 05/05/2008 04:11 PM
CI Awberc
I'm glad these resources were helpful. Here is the web link to the Plain Language document:
http://www.plainlanguage.gov/.
Feel free to contact me if I can be of any further assistance.
Thanks,
Rachel
Rachel Delaney
Reference Librarian
AWBERC Library
U.S. Environmental Protection Agency
Library/CI/USEPA/US
Sent by: Rachel Delaney
05/05/2008 04:01 PM
Subject Re: Clarification»
Re: Region 4 Library Request for Core Services: Plain
EnglishUl
To Thomas Hernandez/R4/USEPA/US@EPA
cc
Dear Tom,
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to «TW-
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pi
Thomas To Thomas Hernandez/R4/USEPA/US@EPA
Hernandez /R4/USEPA/US
cc
09/29/2008 06:06 PM
bcc
Subject Correct Lotus Notes Mailing List for All CERCLA Attorneys
and Two CERCLA Paralegals
To send emails to all attorneys and paralegals for the three CERCLA Legal Support Offices, select "R4
OEA Superfund Attorneys" under Lotus Notes Address Options.
tch
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Q
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CERCLA - r4eaddiv
Page 1 of 4
My Places | Home:E-Library:CERCLA
Thomas Hernandez | Sign Out | Work Offline | Notify | Print | Help
News: Daily | Weekly Room Map Advanced Search |
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Superfund Enforcement - r4eaddiv
Page 1 of 1
My Places | Home:SF Action Codes:FY07 SF Enf Action Codes
News: Daily | Weekly Room Map Advanced Search [
previous | folder | next
So Up
SFAsllan
Guilaa
rv FWSFBtf
r Aeilon Cattea
Superfund Enforcement
Created By: Lashandra Jones 06/15/2007 - 03:42 PM
Updated By: Lashandra Jones 06/15/2007 - 03:48 PM
You can download any of the files below by dragging them to your Windows
desktop. To open a file for reading, double-click it.
go to top
previous | folder | next
https://epaqpx.rtp.epa.gov/QuickPlace/r4eaddiv/PageLibrary852572FB005F81D8.nsf/h_16... 4/29/2008
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PRC: 302EC7C - Superfund Enforcement
Activity Type
InL Action Name
InL Action
Code
CERCLIS Name (Code)
Definition
Enforcement PRP
Search & Case
Development/
Implementation
Case Development
NS
• Cost Recovery Decision
Document (DD)
•Interviews (HV)
• NPLRP Search (NS)
• Non-NPL PRP Search (RP)
• Costs associated with preparing the document specifying EPA rationale for
not pursuing cost recovery against PRPs at a site, event, or operable unit.
• Costs associated with conducting interviews with individuals to obtain
initial or additional information on PRPs.
• Costs associated with PRP search at NPL sites, non-NPL sites and/or
removal action sites, including case development, information gathering,
interviews, document review and preparation. (This code includes codes
"HV, DD " used previously for financial transaction purposes.)
Compliance
Enforcement
uz
•Compliance Enforcement (UZ)
•Activities undertaken to follow up with PRPs with regard to performance or
payment obligations, including: implementation of CDs; performing five-
year reviews; implementing institutional controls, and post-construction
work. Specific activities may include; compiling and preparing
documentation; assisting in reuse activities, warning letter/call; memo to file
documenting decision not to pursue penalties or otherwise take follow-up
enforcement action; issuance of notice of violation; meeting with violator;
negotiation of any deadline extension; dispute resolution; all activities for
collection for delinquent accounts receivable including referral to DOJ for
further enforcement.
•For activities relating to such non-compliance that are carried out after EPA
issues a § 109 administrative penalty complaint or after DOJ initiates court
action, use the Action Code for Litigation (LT).
PPA Assessment
QX
•PPA Assessment (QX)
• All activities involved in preparing, negotiating and finalizing a prospective
purchaser agreement.
Preparation of Cost
Documentation
PC
• Preparation of Cost
Documentation (PC)
• Costs associated with the preparation of cost documentation in support of
cost recovery actions, and the preparation and issuance of periodic billings
for oversight costs and other costs.
Enforcement
Support
Contract Management
JU
• Contract Management (JU)
• Enforcement Contract Mgt
(TM)
•SEE Program (SM)
• Costs and activities related to the management of contracts/enforcement
contracts. (This code includes code "TM" used previously for financial
transaction purposes.)
• Provides funding for the Senior Environmental Employees. Intramural
costs for this activity are generally charged to the Individual's Fixed
Account Number.
General Enforcement
GE
•General Enforcement (GE)
• General support activities required to manage and evaluate the Superfund
Enforcement program. Contractor support includes establishing,
maintaining, and revising automated data processing systems, and
conducting special studies to help determine programmatic direction in
future years.
2
7^
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PRC: 302EC7C - Superfund Enforcement
Activity Type
Int. Action Name
Int. Action
Code
CERCLIS Name (Code)
Definition
Enforcement
Support
General Enforcement
GE
•Training (TH)
•Training on non-site/incident activities within the Superfund program.
Intramural costs for this activity are generally charged to the individual's
Fixed Account Number.
Legal Review &
Analysis
PS
•Legal Review & Analysis (For
legal staff only) (PS)
•Review of CERCLA documents and other legal analysis in support of the
CERCLA program, not otherwise covered under other Action Codes.
Includes review of program/technical site documents such as RODs; review
of PRP submissions under an enforcement instrument, prior to the time any
such submission is determined to be in violation of the instrument
(thereafter, such activities should be charged to the Action Codes for
Compliance Enforcement or Litigation, as appropriate); seeking access from
property owners (prior to the time an access order is prepared or litigation
for access is sought); attending public meetings concerning a site; preparing
and reviewing documents, and participating in meetings or hearings
associated with the filing of a lien; preparing and reviewing an
administrative record; negotiating State Superfund Contracts or Cooperative
Agreements or other programmatic agreements; providing legal advice on
non-enforcement questions; and preparing or reviewing non-enforcement
correspondence, such as responses to Congressional requests.
Records Management
SW
•Administrative Records (AR)
• Records Management (SW)
• Costs associated with compiling, preparing, and maintaining the
Administrative Record. SARA specifies that administrative records be
compiled for Superfund sites where remedial or removal responses are
planned or occurring, or where EPA is issuing a unilateral order or initiating
litigation to track enforcement case budget funds used for any RP-lead
activity.
• All necessary activities to maintain records to respond to Superfund specific
activities. Includes operation of automated records management/imaging
systems (e.g., SDMS).
3
VJO
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s
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SUPERFUND ACRONYM AND ABBREVIATION LIST
\
A A.OSWER - Assistant Administrator for Solid Waste and Emergency Response
AAG - Assistant Attorney General
ADR - Alternative Dispute Resolution
AO - Administrative Order
AOA - Advice of Allowance
AOC - Administrative Order on Consent
AR - Administrative Record
ARARs - Applicable or Relevant and Appropriate Requirements
ARCS - Alternative Remedial Contracts Strategy
ATSDR - Agency for Toxic Substances and Disease Registry
B
BODR - Basis of Design Report
BUREC - Bureau of Reclamation
C
CA - Cooperative Agreement
CB - Case Budget
CD - Consent Decree
' CEAT - Contract Evidence Audit Team
CERCLIS/ - Comprehensive Environmental Response, Compensation, and Liability
WasteLan Information System/Waste Local Area Network
CI - Civil Investigator
CLP - Contract Laboratory Program
CPM - Critical Path Method
CRC - Community Relations Coordinator
CRC - Cost Recovery Coordinator
CRI - Community Relations Implementation
CRP - Community Relations Plan
CWA - Clean Water Act
D
DOI - Department of Interior
DOJ - Department of Justice
DQO - Data Quality Objective
E
EA - Endangerment Assessment
EE/CA - Engineering Evaluation/Cost Analysis
1
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NCP - National Contingency Plan (National Oil and Hazardous Substances Pollution
Contingency Plan)
NEIC - National Enforcement Investigation Center
NO A A - National Oceanic and Atmospheric Administration
NPL - National Priorities List
NRC - National Response Center
NSD - Negotiation Support Document
O
O&F - Operational and Functional
O&M - Operation and Maintenance
OECA - Office of Enforcement and Compliance Assistance
OERR - Office of Emergency and Remedial Response
OGC - Office of General Counsel
OIRM - Office of Information Resources Management
OMB - Office of Management and Budget
OMSE - Office of Management Systems and Evaluation
ORC - Office of Regional Counsel
OSC - On-Scene Coordinator
OU - Operable Unit
O WPE - Office of Waste Programs Enforcement
P
PA/SI - Preliminary Assessment/Site Inspection
PDD - Preauthorization Decision Document
PNRS - Preliminary Natural Resources Surveys
PRP - Potentially Responsible Party
Q
QA/QC - Quality Assurance/Quality Control
QAPP - Quality Assurance Project Plan
QAPP/FSP - Quality Assurance Project Plan/Field Sampling Plan
R
RA
- Remedial Action
RCRA
- Resource Conservation and Recovery Act
RD
- Remedial Design
RDT
- Regional Decision Team
RI/FS
- Remedial Investigation/Feasibility Study
ROD
- Record of Decision
RP
- Responsible Party
RRT
- Regional Response Team
3
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SUPERFUND ATTORNEYS
ACCOUNTS RECEIVABLE PROCESS REMINDER
SETUP
CDs/AOCs - Provide copy immediately upon entry/effective date to Tom Hernandez. Tom will
give a copy to 11th Floor (Paula) and 14th Floor (Vickie) if it has Future
Response/Oversight Costs.
Provide completed CERCLA Accounts Receivable Attorney Review Checklist to
Tom Hernandez with CD/AOC. (located in Accts_Rec folder in "CERCLA Model
Documents" on the S: drive)
TRACKING
Around the 10th of each month attorneys will receive an email from the Superfund
Accounts Receivable Team. The email sender will appear as: "R4_SF_Acct_RT" and the
subject line will read "ACCTS REC - MY CASES:"
Attached to the email will be 2 Microsoft Excel Spreadsheets from the Cincinnati Finance
Center (CFC).
One spreadsheet will contain all the open Superfund receivables. Note: this spreadsheet
contains delinquent and non-delinquent receivables. In the "Age" column, those
receivables with a negative number are not due yet, and those with positive numbers
show how many days overdue the debt is.
The second spreadsheet will contain all the "Currently-not-Collectibles" (CNCs). These
are debts that are more than 2 years old and are kept separate by the CFC.
WITHIN SIX (6) DAYS OF RECEIPT OF THE EMAIL. find your delinquent cases
in both spreadsheets. If you have any delinquent receivables simply hit "REPLY" to the
email and provide the following:
The Site names you are responding for after "MY CASES:" in the Subject
line (e.g. MY CASES: Anniston PCB, MRI, Whitehouse)
The A/R Number (starts with "BD") and Site name. Generally this is the
first 3 columns of the spreadsheet. YOU CAN CUT AND PASTE THIS
FROM THE SPREADSHEET.
A brief (1-2 sentences maximum) description of the status of each
delinquent receivable, (e.g. Collection referral to DOJ on xx/xx/xx). YOU
MUST PROVIDE A STATUS UPDATE EVEN IF NOTHING HAS
CHANGED SINCE THE PREVIOUS MONTH.
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L-3
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Attorney Work Product Not for public
CERCLA Accounts Receivable - Attorney Review Checklist
1. Site Name:
2. Document Type/Description:
(e.g. RI/FS AOC, Removal AOC, RD/RA CD, etc.)
3. EPA Docket No. or Civil Action No:
4. What is the Effective Date of the document?
5. What is the scope of the document? (mark all that apply)
(a) The full Site
(b) Operable Unit(s) (OU Nos. )
(c) An Interim Action
(d) An Amendment
(e) Other (describe)
6. Is there a "Past Response Costs" component? Yes No.
If yes: (a) How much is to be paid?
(b) When is it to be paid?
(c) Is it to be paid in Installments? Yes No.
If yes, please explain the installment terms:
(d) Is it to be paid to a Special Account? Yes No_
Please complete reverse side of form.
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Attorney Work Product
Not for public release
7. Is there a Future Response Costs" component? Yes No
If yes: (a) How often is the bill to be sent?
(b) Is issuance of the bill tied to a specific date? Yes No
If yes, what is the date?
If no, what standard is used?
(c) Does the document provide EPA with discretion to adjust when the bill may
be issued? Yes No
If No, please explain
(d) Are bills to be paid to a Special Account? Yes No.
8. What is EPA supposed to send along with the bill? (e.g. SCORPIOS)_
9. Please describe any limitations or other requirements in the document that might impact
the collection of Future Response Costs (e.g. interest, cap on Future Response Costs, etc.)
Attorney Performing Review:
Extension:
Date:
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V I
Thomas
Hernandez /R4/USEPA/US
06/20/2008 09:25 PM
To R4 OEA Superfund Attorneys
cc Thomas Hernandez/R4/USEPA/US@EPA, Dana
Sherrer/CI/USEPA/US@EPA
bcc
Subject Superfund Attorneys: Here's Link to Latest Cincinnati
Payment Instructions to Forward on to Your PRPs (SAVE
THIS EMAIL)
History: This message has been forwarded.
Connie Ely of the Cincinnati Finance Center encourages the Regional Attorneys to forward this link on to
their PRPs.
http://www.epa.gov/cfo/finservices/make_a_payment_cin.htm
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How to Make Payment to the US EPA Cincinnati Office? | How to Make Payment to EP... Page 1 of 3
V
http://www.epa.gov/cfo/finservices/make_a_payment_cin.htm
Last updated on Wednesday. January 23rd, 2008.
Office of the Chief Financial Officer
You are here: EPA Home OCFO Home How to Make Payment to EPA? How to Make
Payment to the US EPA Cincinnati Office?
Make Payment to the US EPA Cincinnati
Cincinnati Accounts Receivable Branch of US EPA receives payments for regional civil
penalties, regional superfund, regional FOIA requests, EPA travel repays and copays, and EPA
bankcard repayments.
Electronic payments fall into two categories: wires and ACH. Wires are same day and more
costly. ACH is the next day or any future scheduled day and is much less expensive. Please
note that wires and ACH payments must be done through the sender's bank.
WIRE TRANSFERS (any currency)
Federal Reserve Bank of New York
ABA: 021030004
Account Number: 68010727
SWIFT address: FRNYUS33
33 Liberty Street
New York NY 10045
Field Tag 4200 of the Fedwire message should read:
"D 68010727 Environmental Protection Agency"
Wire Format
ACH
(also known as REX or remittance express)
Automated Clearinghouse (ACH) for receiving US currency
PNC Bank
ABA: 051036706
Account Number: 310006
CTX Format Transaction Code 22 - checking
Environmental Protection Agency
808 17th Street NW
Washington DC 20074
Contact: Jesse White, 301-887-6548
CHECK PAYMENTS
US Environmental Protection Agency
Superfund Payments
How to
Office
http://www.epa.gov/cfo/finservices/make_a_payment_cin.htm
7/14/2008
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How to Make Payment to the US EPA Cincinnati Office'.' | How to Make Payment to EP... Page 2 of 5
Cincinnati Finance Center
PO Box 979076
St. Louis, MO 63197-9000
US Environmental Protection Agency
Fines and Penalties
Cincinnati Finance Center
PO Box 979077
St. Louis, MO 63197-9000
US Environmental Protection Agency
FOIA and Miscellaneous Payments
Cincinnati Finance Center
PO Box 979078
St. Louis, MO 63197-9000
contact = Craig Steffen 513-487-2091 or Eric Volck 513-487-2105
US checks in US dollar sent by fedex and other non-US-Postal-Service express mail
The following addresses can be used for common carriers such as FedEx, Airborne,
DHL, and UPS.
U.S. Bank
Government Lockbox 979076 US EPA Superfund Payments
1005 Convention Plaza
SL-MO-C2-GL
St. Louis, MO 63101
314-418-1028
U.S. Bank
Government Lockbox 979077 US EPA Fines & Penalties
1005 Convention Plaza
SL-MO-C2-GL
St. Louis, MO 63101
314-418-1028
U.S. Bank
Government.Lockbox 979078 US EPA FOIA & Misc. Payments
1005 Convention Plaza
SL-MO-C2-GL
St. Louis, MO 63101
314-418-1028
Checks drawn on foreign banks with no USA branches no matter what the currency
Send to directly to Cincinnati Finance
US EPA, MS-NWD
26 W ML King Drive
http://www.epa.gov/cfo/finservices/make_a_payment_cin.htm
7/14/2008
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How to Make Payment to the US EPA Cincinnati Office? | How to Make Payment to EP... Page 3 of 3
M M
Cincinnati OH 45268-0001
DEBIT AND CREDIT CARD PAYMENTS
Go to the following link: https://www.pav.gov/payqov/
http://www.epa.gov/cfo/finservices/make_a_payment_cin.htm
7/14/2008
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OCFO - Superfund Interest Rates 1980 to Present
Page 1 of 2
Office of the
Chief Financial
officer
Inside OCFO
Annual Planning,
and Budgeting
Strategic Planning
Financial Services
and Support
Policies &
Documents
Financial Systems
and Security
Performance Results
and Accountability
Working Capital
Fund
Environmental
Finance Program
2003
1.47%
MK-Note
rj«jj
Tr03-01 7*
2002
3.35%
MK-Note
na-aj
Tr01-06>
2001
6.18%
MK-Bill
E333
Tr00-12 7~
2000
5.30%
MK-Bill
Odd
Tr99-13A
1999
4.53%
MK-Bill
Tr99-02 ^
1998
5.61%
MK-Bill
Tr97-24 7~
1997
5.69%
MK-Bill
Tr96-20 7~
1996
5.86%
MK- Bill
EEO
Tr95-16 7~
1995
5.63%
MK-Bill
Tr94-29 ?
1994
3.36%
MK-Bill
mra
Tr93-25">
1993
3.49%
MK-Bill
Tr92-34 7*
1992
5.70%
MK-Bill
Tr92-01
1991
7.99%
MK-Bill
m
Tr91-01 7*
1990
8.47%
MK-Bill
taaa
Tr89-32 7*
1989
8.39%
MK-Bill
Tr89-03
1988
6.99%
MK-Bill
Tr88-01 ?
1987
5.63%
MK-Bill
EES
Tr87-17A
1986
7.43%
MK-Bill
MK-Bill
1985
10.82%
MK-Bill
MK-Bill
1984
9.40%
MK-Bill
MK-Bill
IA»
http://intranet.epa.gov/ocfo/policies/superfund/documents/int_rate.htm
5/1/2008
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OCFO - Superfund Interest Rates 1980 to Present
Page 2 of 2
1983
11.32%
T-Bill
T-Bill
1982
17.26%
T-Bill
T-Bill
1981
10.93%
T-Bill
T-Bill
1980
10.88%
T-Bill
T-Bill
You will need Adobe Acrobat Reader lExiT Disciaimerl to view a number of
files on this site. Click here for more information about Adobe Acrobat.
OCFO @ WORK I EPA @ WORK
EPA Internet | Search | Comments | OCFO Internet
EPA Web Publishing Standards
Last Updated: 01/15/2008 17:36:15
URL: http://intranet.epa.gov/ocfo/policies/superfund/documents/int_rate.htm
http://intranet.epa.gov/ocfo/policies/superfund/documents/int_rate.htm
5/1/2008
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Thomas
Hernandez/R4/USEPA/US
05/08/2008 02:44 PM
V
To R4 OEA Superfund Attorneys
cc Thomas Hernandez/R4/USEPA/US@EPA
bcc
Subject No Arbitrary Money Amount Cut-offs for Checks Vs. Wire
Transfers (EFT)
Note: This email and others like it will be shortly collected and scanned into a new CERCLA Legal
Support Orientation Binder, which will be available for access in the new QuickPlace CERCLA Legal
Support Room,
tch
Dana
Anderson /CI/USEPA/US
05/08/2008 01:55 PM
To Thomas Hernandez/R4/USEPA/US@EPA
cc Bonnie Sawyer/R4/USEPA/US@EPA, Mike
Stephenson/R4/USEPA/US@EPA, Paula
Batchelor/R4/USEPA/US@EPA, Thomas
Hernandez/R4/USEPA/US@EPA
Subject Re: Dana: I Forgot Who is the "Guru' of CFC Payment
Instructions - New Important Questional
Tom,
There is no problem with a PRP remitting payment less than $10,000.00 using EFT.
Paula is correct, I do not know of any guidance stating the min or max for method of payment.
Thanks
Dana
Dana Anderson
Cincinnati Finance Center
Ph.513-487-2071
Fax 513-487-2063
Thomas Hernandez/R4/USEPA/US
Thomas
Hemandez/R4/USEPA/US
05/08/2008 12:40 PM
To Dana Anderson/CI/USEPA/US@EPA
cc Paula Batchelor/R4/USEPA/US@EPA, Mike
Stephenson/R4/USEPA/US@EPA, Thomas
Hernandez/R4/USEPA/US@EPA, Bonnie
Sawyer/R4/USEPA/US@EPA
Subject Dana: I Forgot Who is the "Guru' of CFC Payment
Instructions - New Important Question
I believe you indicated a while back that it was either Eric or John Ash - and I know of one them has since
left the CFC. Anyway, referring to the Agency's Model RD/RA Consent Decree (May 2001), the Past
Costs payment instructions seem to describe a suggested cut-off of $10,000 for EFT versus
certified/cashier's/personal checks. However, Paula just now related to me an anecdotal story of a check
coming to her last year in the amount of $1 million. She herself understands that there is no REAL
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maximum or minimum amount for any of the various methods.
But Bonnie's question is as follows:
Is there, particularly for Future (oversight) costs, which often will be less than $10k, any problem, etc. for
using EFT for amounts less than $10,000? I believe Paula already answered my question, but I just
wanted to share the official answer with all R4 SF attorneys. Matter of fact, this email may be added to
our CERCLA Legal Support Orientation Binder that I have almost finished creating for our four new SF
attorneys.
Thanks, TCH
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Thomas
Hernandez/R4/USEPA/US
09/29/2008 06:45 PM
To Thomas Hernandez/R4/USEPA/US@EPA
cc
bcc
Subject List of Databases that Tom Has Familiarity With and/or
Access to
Think of me as the "Information Manager" for the Offices of CERCLA Legal Support
1) PeoplePlus
2) DB TextWorks (look to see from your desk what's on the shelves in the OEA Law Library)
3) SDMS
4) eFACTS
5) PACER - Only the law librarian, one attorney and two paralegals (including me) have access to this
Court-based database
6) Region 4 CTS (Case Tracking System) - Hearing Clerk Pat Bullock's database
7) ICIS -1 have minimal access to and experience with
8) IFMS - Accounts Receivable database on the intranet - no special password needed; access from
EPA@WORK on the Daily News page
9) Superfund Division's "moneypacks" icon with access to different reports, etc.
10) REDS -1 get a periodic printout from Teresa Shirley ; indicates which atty is assigned to the various SF
Sites
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•Z- I
August 25, 2008
MEMORANDUM
SUBJECT: Partial Index To My Accumulated Guidance
FROM: Tom Hernandez
Paralegal Specialist
TO: File
Note: This is an incomplete list of my collective guidance dating back to 1990 or so.
CERCLA Section 101(41)(c), Eligible Response Sites
CERCLA 104e -Access (1987 memo; 1993 memo)
CERCLA 104e's - Cost Recovery Review
CERCLA 104e's - Sample Documents on LAN
CERCLA 104e (ACETO questions)
CERCLA 104e's - Insurance Coverage Questions
CERCLA 104e Recycling Questions
CERCLA 104e Questions- SREA May Apply
CERCLA 106 (UAOs) - See also "UAOs - Misc."
CERCLA 106Cross-Media
CERCLA 106(b) Petition
CERCLA 107(b) Defenses
CERCLA 122(g) - Revised
CERCLA 122(h) Models
CERCLA 122(h) Concurrence from DOJ
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CERCLA 122(h)- Revised Model Agreement
ABEL/BEN
Ability-to-pay (ATP) - Overview & GNL ATP Language
ATP (Installments, etc.) (9/30/97)
ATP & Insurance Policies
ATP- New Questionnaires Created by Dwight Murray
ATP/De Minimis Guidance
ATP - Supplemental Questions
ACETO and Arrangement for Disposal
ACOs - Judicial Review of Administrative Compliance Orders (2003)
Access - Request for AO
Access Training : Mike Stephenson (7/15/08)
Access - Authorization Form
Accounts Receivable -Suspense Account Question (2003)
Action Memorandum
ADR
Administrative Hearings & Trials: Pleadings & Litigation Civil Penalties (10/31/07)
Administrative Litigation
Administrative Record Training: Rolando Bascumbe (8/05/08)
Administrative Subpoenas
Affidavits, Declarations & Depositions
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Amicus Matters at the Apellate Level
AOC for Remedial Design
Air Rules
Appraisal Assistance from DOJ
Assumptions - Volumetric (Examples)
ARARS 101 (1/08/07)
ATSDR 101
Attorney Fees - Reasonableness of (Dico Decision, 8th Cir. Ct of Appeals, 2001)
Aviall -Post Aviall
Aviall - Models on the S: Drive (2006)
Background - Importance of in CERCLA Cleanup Program
Bankruptcy (large accordion folder)
Black Letter Law (CERCLA) May 2007
Briefing Papers
Brownfields (large accordion folder)
CAFO Language
"Causation" Research
CBI - Online Training March 2002 (See also "Confidentiality Agreements")
CBI - Online Training July 2008
CWA
Cases - Significant (pre-2000; 2000-2003; 2004-2007)
Caselaw Review Meetings (10/10/06 only)
3
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Cash-out Settlements
Certified Copies - Administrative Record
Certified Mail - Example of completed green cards, etc.
Classifications - Cleanup (Supreme Ct declines to review)
Comfort Letters - R4 model language changes ["Reasonable Steps" & Windfall Lien]
Communication with Outside Parties re: Enforcement Actions (2000)
Compensation - Partially or completely demolished buildings
Confidentiality Agreements - CBI Documents are Released (2001)
Confidentiality Agreement: 2007 Example
Contiguous Property Owner Guidance (2004)
Contracts 101 (Superfund) - Leif Palmer 8/21/08
Cooperative Agreements - Superfund
Corporate Successor Liability (including Substantial Continuity Test)
CPRM - See "Federal Facilities"
"Update and Next Steps for SF and FF Cross-Program Revitalization Measures (7/20/07)
Credentials - Bill Anderson email 3/19/07 (with attached 7/117/2000 "Final Fact Sheet" memo)
Credentials - Special (Adrienne's email)
Credentials Verification Program (2003) - Region 4
Criminal Enforcement in Region 4 Training - 4/18/07
Criminal Investigation - General Background and Referrals from Civil Programs
Cybersecurity Awareness Online Training (August 2008)
Dun & Bradstreet Reports as CBI.(2004)
4
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7-
"D/B/A" email inquiry to office
D.C. Circuit Rulings
Delegations - Changes (2002); Roles Chart (2007)
Deletions - 2006 update to NPL List process
Delisting Superfund Sites/Deletions from the NPL - Karen Singer has an entire 2007 file
Demand Letter - (AOC) example of
DeMicromis - Final revised policy (2002)
De-Obligation - LUST/Superfund (2002)
Depositions - Strategies for Taking Successful Depositions (5/09/07)
Digital Cameras - Draft Policy for Use in Civil Inspections (2002)
Diversity - Workforce initiatives
E-Discovery Training (10/19/06 & 12/20/06)
EAB Practice Manual
Eminent Domain - Clarification on 2005 Supreme Ct decision
Employee Testimony
Enforcement First
EJ Action Plan (2003)
EMS (Environmental Management System) - Support for and Implementation by local
governments (2003)
Environmentally Responsive Re-Use Projects (ER3)
EPA Can Recover More Federal Superfund Money - OIG Evaluation Report (3/26/2008)
Ethics Advisory - 2005 (Email, but not attached WP file)
Ex Parte Communications - Under Part 22
5
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1\
Expert Witness - Qualifying
Fact Witness
Federal Facilties
Federal PRPs
Federal Register Process - Various emails from Paula & a few examples (2005-2006)
Federal Rules of Civil Procedure - 12/01/03 Amendments
Financial Assurance Instruments/Tools/Letters of Credit (large accordion folder)
Financial Responsibility - Performance-Based Strategy
Five-Year Reviews -Training (6/28/07); Quick-reference Guide (7/26/06)
Goodrich (Document Preservation) - District Court Decision
GRITS/GIS
Hatch Act
Homeowners - See Owners of Residential Property
Imminent & Substantial Endangerment - SDWA decision (2001)
Impartiality - Performing Official Duties
Institutional Controls (IC) (large accordion folder)
Institutional Controls - Alabama: Email From Matt (6/18/07)
Insurance - Environmental; training 7/06/06 and earlier insurance expert support
Iinternational Law & Assignments
Interest Provisions in Past-Costs CDs Negotiations
Legislative (OSRE) Updates (10/26/07)
Liability - Joint & Several
6
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7-?
(Includes CERCLA Settlements Lead Region Workgroup Memorandum on Status of Joint &
Several Liability & Divisibilty Defenses)- 2007
Liability - Federal Entities
Liability -Lender
Liability - Parent Corporation
Library Resources & Data
Liens - Foreclosure
Liens - Superfund (Andy Hey 10/15/07)
Liens - Windfall
Litigation Holds (Email from Bill Anderson) 3/01/07
Metadata Training (7/27/06)
Miscellaneous Receipts Act
Mixed Funding Settlements
Models -RD/RA CD
Models Knowledge Base
NPL Caliber and NPL Equivalent Sites
Natural Attenuation, Monitored, Citizens Guide to (April 2001)
No Contacts Rule
Notice Letter Guidance (1987-1996)
"On-Site" - Opinion on definition of (NDNY, 2006)
OPA - Approval Procedures
Orphan Share - HQ Fire Drill
7
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Orphan Share Q & A Guidance (January 2001)
OSRE Recent Decisions Documents
Outside Attys Contacting Current & Former EPA Employees
Ovesight - Miscellaneous
Oversight Costs - IG Audit
Owners of Residential Property at SF Sites (1991)
PPAs- Expeditious Requests (1999)
PPI- Response Team Approach
PRP Search PowerPoint - Region 4
Parallel Proceedings Policy - See Criminal
Penalty Claims - Section 106(b)(1) & 107 (c)(3)- Interim Policy (1997-2006) & Penalty Matrix
(2005)
Penalties -Miscellaneous
Penalty Policies - Modifications due to Civil Monetary Inflation Adjustment Rule
Petroleum Exclusion (1987 - on)
Piercing Corporate Veil/Corporate Successor Liability (See also Successor Liability)
Porosity - Case from EDNY (2004) «< I didn't print actual case attachment
Premiums - office email inquiry
Privileges (Comunications Waiver; Settlement, etc.)
Proof of Service - Part 22 Administrative Complaints
PROTRAC (Product Development & Approval Process)
PRP Search Manual Cover Page (Sept. 2003)
8
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z
Public Comments - Revision to CDs (office email inquiry)
RCRA - Solid Waste Under (2004)
RCRA ARARS
RD/RA Negotiations - Criteria when requesting an extension (1999)
RD/RA PowerPoint from Region 7
RR Access Model (2002)
Racial Classifications - Enforcement Targeting (2006)
Ready for Re-use Determinations (2003)
Reimbursement Petitions Under CERCLA 106(b)(2)
Release Letter - PRP«
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0
Roles Chart - See Delegations
SAS -Superfund Alternative Sites (Guidance; Evaluation Memo, etc.)
SEP - Recommended Ideas Guidance (2004), etc.
SSDE- Service Station Dealer Exemption
Selected Judicial Rulings Paper from OSRE (2004-2006)
Self-Disclosures (Voluntary) Protocol (2005)
SEPs - Mandatory Language (re: IRS) to include in all CAFOs/CDs
Settlement Privileges - Email from Mary Kay with attached decision and summary of decision
Settlements Lead Region Workgroup
Small Business Strategy & Implementation Plan (2005)
Smart Enforcement - Suarez Memo (2003)
SOL/Statute of Limitations - Decisions, Overview, etc.
Special Accounts - Historic
Special Accounts - Reference Outline for Regional Attys (2008)
Special Litigation & Projects Division (2003)
Stafford Act Training (3/21/07)
Subpoenas
Superfund Alternative Cleanups - EPA Needs to Take More Action - OIG Evaluation Report
(6//06/07)
Superfund Board of Directors (2004)
TSCA and the Transfer of PCB-Contained Property (2002 Brown Bag)
Takings- Significant Case Decisions and 'Takings 101" (2004)
10
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Talking Points - Superfund Background from HQ (2002)
Ten-Point Settlements
Title VI
Tolling Agreement Model (2001)
Transporters - Enforcement Actions Against (1985)
UAOs - Misc.
Unpublished Opinions - Supreme Ct decision to allow in allow in federal courts (2006)
Water Mgt Program - Overview (1997)
file name = F:\cercla.guidance.index..08.25.08
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