1EMEMBER
        The Off-site Rule applies to any
 remedial or removal action under any
 CERCLA authority or  using any Fund
 money; response actions under §311 of
 the Clean Water Act (except cleanup of
 petroleum  products); and cleanups at
 Federal Facilities under §120 of SARA.
       Ensure that a receiving facility's
permit or Interim status authorizes the
receipt of the wastes  anticipated to be
transferred.
        Contact the appropriate ROC
Immediately prior to sending wastes off-
site to ensure the receiving facllty Is
acceptable.
       Wastes that are treated on-sfte are
still subject to the rule when transferred
off-site.
     PRPs must have prior approval from
an OSC before sending waste to a facility In
an emergency situation when human health
or the environment is threatened.
 Regional Off-Site Contacts
Region 1  Ken Rota       (617) 918-1751

Region 2  Mark Pane      (732) 906-6872

Regions  David Toth      (215)814-3443


Region 4  Edmond Burks   (404) 562-8587


Regions William Damico  (312)353-8297

Region 6  Ron Shannon    (214) 665-2282


Region 7  Deborah Finger  (913)551-7164


Regions  Terry Brown    (303)312-6419


Region 9  Kandace Bellamy (415) 972-3304


Region 10 Xiang-yu Chu   (206) 553-2859
                                                                                                United States
                                                                                                Environmental Protectio
                                                                                                Agency
                                                                       EPA 9834.11FJ
                                                                                                Solid Waste and Emergency Response
             Overview of tfu
             Off-site
             for OSCs antf PPMs
      The Procedures for Planning and
Implementing Off-site Response
Actions (FR 58 September 22, 1993)
describes procedures that should be
observed when a response action under
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) involves off site
storage, treatment or disposal of
CERCLA wastes.
      The purpose of the Off-site Rule
is to avoid having wastes from CERCLA
authorized of funded response actions
contribute to present or  future
environmental problems by directing
these wastes to management units
determined to be environmentally
sound.
      CERCLA §121(d)(3) requires that
hazardous substances, pollutants or
contaminants transferred off-site for
treatment, storage or disposal during a
CERCLA response action be transferred
to  a facility operating in compliance
with §3004 and §3005 of RCRA and all
other applicable Federal laws and all
applicable State requirements.

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 J
Role Of OSCs and RPMs

     OSCs and RPMs play a critical role
in ensuring effective implementation of the
Off-site Rule. They must determine if the
facility's permit oHnterim status authorizes:
1) the receipt of the wastes th at would be
transported to the facility;  and 2) the
process contemplated for the waste. They
are also  responsible for .contacting the
Regional Off-site Contact (ROC) in the
region where the receiving facility is located
prior to wastes being shipped.
Acceptability Status

      The ROC will provide the current
 acceptability status of the facility to receive
 CERCLA  waste.  Often,  an  off-site
 determ ination is specific to particular units
 within a facility, rather than to an  entire
 facility. Because of the dynamic nature of
 compliance conditions at these units or
 facilities, it is importantto re check a facility's
 status prior to each shipment of waste.
      A facility that has received a notice
 of unacceptability (issued by the  ROC)
 has a 60-day period during which  it may
 continue to reCelveCERGLA wastes while
 it addresses the violations cited. The ROC
 and OSC/RPM should maintain  close
 coordination throughoutthe 60-day period.
 On  the 60th day after issuance  of the
 unacceptability notice, the OSC or RPM
 must stop transfer of wastes to the  facility
 and/or stop the transfer of CERCLA waste
already received by the facility from its storage
unit to an unacceptable unit if the facility or
receiving unit  has not regained its
acceptability.  Transfers within a facility are
more difficult for a ROC to monitor and thus
the Agency contemplates that restrictions on
such transfers under the Off-site Rule will be
included in contracts for off-site disposal or
treatment  of wastes. If the primary facility
becomes  unacceptable,  the acceptability
status of the backup or secondary receiving
facility must be checked with the ROC.
     The disposal contract between the
Agency and the company chosen to manage
the disposal  of CERCLA wastes off-site
should specify the primary facilities that will
receive the wastes for ultimate treatment,
storage  or disposal, as  well as alternate
facilities.
Emergencies
       Although compliance with the rule is
mandatory for removal and remedial actions,
OSCs  may determine  that an emergency
exists  and  that the need  for fast action
prevents ensuring that all of the criteria in the
rule are met. This exemption may be used if
the OSC believes the threat to human health
and  the  environment posed  by the
substances requires a removal action without
observing the rule procedures. Temporary
solutions, such as interim storage, should be
considered to allow   time to locate an
acceptable facility. If this exemption is used,
the OSC must provide a written explanation
to the Regional Administrator within 60 days
of taking the action.
Inspections

       OSCs and RPMs do not have the
authority to conduct inspections for
purpose of compliance determinations
under the rule. If a facility has not been
inspected for off-site acceptability, contact
the ROCtogetthat facility on the inspection
schedule.   In emergency situations, the
OSC should make every effort to use the
most environmentally sound facility.

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