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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
FEB I 9 1992
OSWER Directive 9320.2-3C
MEMORANDUM
SUBJECT: Update No. 2 to "Procedures for Completion and Deletion
The purpose of this Directive is to revise EPA guidance to
clarify the distinction between the terms "site completion" and
"construction completion".
BACKGROUND:
The "Procedures for Completion and Deletion of NPL Sites,"
April 1989, as updated December 1989, (OSWER Directive 9320.2-3A
and 3B) sets out the process for determining and documenting site
completion (i.e., the issuance of interim or final Close Out
Reports (COR)). The National Contingency Plan (NCP) preamble (55
FR 8699, March 8, 1990) discusses the inclusion of sites into a
construction completion category of the National Priorities List
(NPL) based on the preparation of the same interim or final COR.
However, the terms "site completion" and "construction
completion" were intended to have distinct meanings. This update
clarifies the distinction between "construction completion" and
"site completion."
The NCP preamble and the 1989 Guidance outline steps that
the Agency generally takes prior to issuing a final or interim
COR, marking site completion (i.e., completion of all non-
operation and maintenance (O&M) activities). Although these
steps are important to ensure long-term protectiveness and will
be conducted as a part of site completion activities, many of
these steps (e.g., a joint inspection by EPA and the State, EPA's
approval of the O&M work plan, completion of the operational and
functional (O&F) or "shakedown/warranty" phase, establishment of
FROM:
To
ADDRESSEES
PURPOSE
Paper

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institutional controls) do not relate to the completion of
physical construction at the site. Indeed the NCP regulations
specifically contemplate that a number of site completion
checkpoints occur after construction completion (see, e.g., 40
CFR 300.435(f)(2), "A remedy becomes Operational and Functional
either one year after construction is complete, or when the
remedy is determined concurrently by EPA and the State to be
functioning properly and is performing as designed, whichever is
earlier. EPA may grant extensions to the one-year period, as
appropriate."). EPA believes that it is important to clarify the
use of the term "construction completion"; through public
reporting of sites where construction activities have been
completed, EPA can better communicate the progress of NPL
response actions.
In order to document the determination that construction is
complete and implement a recommendation contained in the
"Superfund 30-Day Task Force Report," EPA is establishing a
Preliminary COR. This determination is of limited legal or
financial significance, as it does not relate to satisfying
contractual or other requirements (e.g., cleanup contract,
consent decree, cooperative or interagency agreement), nor the
eligibility of cost reimbursement from the Fund. Accordingly,
the Preliminary COR will contain a schedule for the Region to
satisfy the NCP and other procedural requirements necessary to
issue a Final COR or Interim COR (for long-term response
actions).
This definition of a Preliminary COR in no way decreases
EPA's commitment to expeditiously completing all necessary site
response, including the preparation of a final COR or interim COR
if necessary, and other steps necessary to satisfy the NCP
requirements and Agency guidance. It simply establishes a
mechanism for documenting a point in the process at which
physical construction has been completed.
IMPLEMENTATION:
Effective immediately, EPA Regions will report construction
completion for Fund- and enforcement-lead sites upon satisfaction
of the following steps:
l. Pre-final inspection - conducted by the lead agency (and
the support agency where practicable) to determine that the
contractor(s) has constructed the remedy in accordance with
design plans and specifications. Output(s): A letter from
the party that contracted for the response action asserting
that physical construction is complete, and a punch list of
minor items to be corrected by the contractor.

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2. Preliminary COR - prepared by the lead agency to
summarize the release, the response action, the completion
of construction, steps remaining for site completion, and
the schedule for completion of such activities. Output(s):
Preliminary COR signed by the Superfund Division Director,
following accelerated Headquarters review and comment.
Note: For sites at which the Region has satisfied the NCP and
final site completion requirements (e.g., joint EPA/State
inspection, O&F phase, and institutional controls and approved
O&M plan, if appropriate), the Region should proceed directly to
prepare only the interim COR or the final COR.
Attached to this Directive is a sample Preliminary COR for
your use in implementing this procedure. If you have questions
regarding this Directive, you may contact your Regional
representative on the Site Completion Work Group, Bill Ross (FTS
678-83 35) or your HSCD Regional Coordinator for design and
construction.
ATTACHMENT
ADDRESSEES
Directors, Waste Management Division
Regions I, IV, V, VII, VIII
Director, Emergency and Remedial Response Division
Region II
Directors, Hazardous Waste Management Division
Regions III, VI, IX
Director, Hazardous Waste Division
Region X
cc: Superfund Branch Chiefs
The policies set forth in this Directive are intended
solely as guidance. They are not intended, nor can they
be relied upon, to create any rights enforceable by any
party in litigation with the United States. EPA
officials may decide to follow the guidance provided in
this Directive, or to act at variance with the
Directive, on the basis of an analysis of specific
circumstances. The Agency also reserves the right to
change this Directive at any time without public notice.

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SAMPLE
SUPERFUND PRELIMINARY SITE CLOSE OUT REPORT
I.	SUMMARY OF SITE CONDITIONS
Background*
Summary of site location, site description, and NPL listing
information.
Remedial Construction Activities*
Remedy selected, date remedial action initiated, method used
to implement remedial action (e.g., consent decree, contract,
cooperative or other agreement), and date and description of the
pre-final inspection used to determine that construction is
complete.
II.	DEMONSTRATION OF QA/QC FROM CLEANUP ACTIVITIES*
Certification that the construction QA/QC plan was
implemented and that construction was completed consistent with
the ROD and RD plans and specifications.
III.	ACTIVITIES AND SCHEDULE FOR SITE COMPLETION
Identify the activities remaining to (1) assure the
effectiveness of the remedy (e.g., institutional controls, work
plan for O&M) , (2) assure consistency with the NCP (e.g., joint
EPA/State inspection, EPA/State memorandum on O&F start-up and
duration), and (3) satisfy the requirements of the Directive on
Site Completion (e.g., contractor's final RA Report and EPA's
approval). Specify the organization responsible for the
implementation of each activity and the schedule for
completion.
* Information required for the Interim and Final COR

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
FEB I 0 1992
OFFICE OP
SOLIO WASTg ANOEME AGENCY RESPONSE
MEMORANDUM
SUBJECT: Site Complet
FROM: Jerry Cliffo
Hazardous Si
h. Work Group Recommendations
-vuivfector
Control Division
TO:
Henry L. Longest II, Director
Office of Emergency and Remedial Response
Don Clay
Assistant Administrator
PURPOSE:
The purpose of this memorandum is to provide a status report
on the recommendations of the Site Completion Work Group and to
recommend approval of the Work Group's first recommendation to
streamline the construction completion process.
BACKGROUND;
The Site Completion Work Group was formed in September 1991.
The objectives of the Work Group were to: identify opportunities
to streamline the completion process; assure that EPA achieves
its completion targets? center key decisions on actions within
EPA's control; reduce the time-line and levels of review and
approval required for determining completions; and, remove
artificial barriers to program success. The Work Group met
monthly during the fourth quarter of FY 1991, reviewing the
statutory, regulatory, and guidance procedures for construction
and site completions; assessing the viability of sites in the
site completion pool and those characteristics which may delay
completion; and, formulating several recommendations.
This memorandum transmits the Work Group's first
recommendation, in the form of the necessary implementing
Directive, and identifies further activities required to ensure
effective implementation of the Directive (e.g., revising the
SCAP Manual). The memorandum also presents the major policy
issue requiring senior management resolution.
Printed on Recycled Paper

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IMPLEMENTATION:
Near-term Implementation
OSWER Directive 9320.2-3A and 3B (Procedures for Completion
and Deletion of NPL Sites, April 1989, as updated December 1989)
sets out the process for determining and documenting site
completion. That guidance document did not fully contemplate the
"construction completion" concept, nor did it distinguish between
construction completion and site completion. The attached update
to the Directive would address these concepts by introducing a
new "Preliminary Close Out Report (COR)" to document the
completion of physical construction at a site.
The Preliminary COR would join the Interim COR (used for
long-term remedial actions (LTRAs) to document compliance with
the ROD, pending attainment of final cleanup levels) and the
Final COR (used to document compliance with all ROD requirements,
i.e., "site completion"). The Preliminary COR will acknowledge
the role of States in the site completion process and the
requirements of the NCP by including a schedule for all remaining
activities necessary to move each site from construction
completion to LTRA or site completion. These activities would
typically include a joint EPA/State inspection, concurrent
agreement on the operational and functional (O&F) period,
establishment of institutional controls, and EPA approval of the
O&M workplan.
We briefed Rich Guimond on February 4th on the Work Group
recommendations, the attached Directive update, and the issues
and implications of treating source control technologies as
LTRAs. Rich Guimond agreed to discuss with the Regional Division
Directors the policy and practical implications of changing our
policy to include source control technologies as LTRAs.
The Work Group recommends approval of the update to the
Directive in early February 1992. This will enable the Regions
to report such sites as second quarter, FY 1992 accomplishments.
Longer-term Implementation
OERR has underway four additional activities that will
support this Directive: (1) a complete revision to and update of
the 1989 Procedures for Completion and Deletion of NPL Sites; (2)
appropriate revisions to the Program Management Manual, (3) a
Federal Register notice explaining the criteria for construction
completion, and (4) a technical amendment to the NCP.

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1)	The Site Completion Work Group is continuing to analyze the
completion/deletion process to identify further improvements to
the process (e.g., eliminating the requirement for a COR for "no
action" and removal sites). After considering any additional
recommendations from the Work Group, OERR expects to revise and
reissue the Completion/Deletion Guidance later this year.
2)	OERR will revise the Program Management Manual to include as a
discrete activity "Construction Completion Through Final RA."
The definition of limitation of this activity will be the date
the Regional Division Director signs the Preliminary COR.
Approval of this report will satisfy the Regional Site Completion
Target for a given site, but will not alter the activity "NPL
Site Completion Through Final RA'J nor diminish our commitment to
satisfy the requirements for a Final or Interim COR.
3)	The preamble to the current NCP refers to EPA's approval of
the interim or final close out report as the prerequisite to
shifting sites into the Construction Completion category of the
NPL. We are preparing a Federal Register notice, either
separately or as a part of the next Federal Register notice
adding sites to the category, advising the public of our use of
the "preliminary close out report" to document completion of
physical construction and the final close out report to document
the end of all activities except O&M.
4)	EPA will propose a technical amendment to the NCP to clarify,
among other things, that the section 300.510(c)(2} was not meant
to impose a limitation on the Agency's ability to fund an
extended O&F period. This amendment would make clear EPA's
authority to extend the O&F period, as appropriate, to cover the
Fund's share beyond the period of up to one-year (see NCP section
300.4 35(f)(2).) While the 90-Day Moratorium on regulations may
delay such an amendment, full implementation of this policy
should not await promulgation of an NCP revision.
Attachment
cc: Site Completion Work Group

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