USB,
EPA-540-F-99-005
OSWER-9335.5-03P
PB99-963220
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUL. 31, 1995
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
MEMORANDUM
SUBJECT: Superfund Groundwater RODs: Implementing Change
This Fiscal Year
FROM: Elliott P. Laws, /s/
Assistant Administrator
TO: Regional Administrators, Regions I - X
Director, Waste Management Division
Regions I, IV, V, VII
Director, Emergency and Remedial Response Division
Region II
Director, Hazardous Waste Management Division
Regions III, VI, VIII, IX
Director, Hazardous Waste Division
Region X
Director, Environmental Services Division
Region I, VI, VII
At the recent meeting of Waste Management Division
Directors in Kansas City, we discussed the importance of
consistent national implementation of the Superfund program.
We stressed in particular, Records of Decision (RODs) that you
are planing to sign this fiscal year for sites with
groundwater contamination.
During our meeting, we discussed the fundamental changes
that have occurred in the program's approach to sites with
contaminated groundwater where contamination may be
"technically impracticable" to restore to drinking water
standards (e.g., where contaminants such as dense non-aqueous
phase liquids (DNAPLs) warrant our use of a waiver of Federal
and/or State clean-up standards (ARARs)). Based on the
information now available on the special problems associated
with DNAPL sites, OSWER expects that Technical
Impracticability (TI) waivers will generally be appropriate
for these sites. These situations demand a flexible, phased
approach to groundwater remediation such as use of interim
RODs, "no action" alternatives, natural attenuation, TI
waivers, etc.
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To reiterate a major point of our discussion, I expect
each Region to employ the TI waiver in apppropriate remedy
selection documents this fiscal year. I am concerned with
preliminary data, indicating that about 30 out of 90
groundwater RODs planned for this fiscal year address sites
with DNAPLs, but fewer than 10 TI waivers of ARARs have been
planned for these RODs to date. I am concerned that these RODs
may not fully reflect the current state of information about
sites with DNAPLs present.
Beginning immediately, RODs addressing DNAPL contamination
that do not follow the policy in favor of TI waivers at such
sites must include written justification for that departure
from this policy. If you feel the data are incomplete on
whether a TI waiver is justified, or that there is
insufficient time this fiscal year to coordinate ROD changes,
I am directing you to utilize an interim ROD or to postpone
signing the ROD until the data become available and/or
sufficient coordination among Federal/State/Tribal/community/
PRP/other stakeholders can occur. I will adjust Regional
Superfund accomplishment planning targets accordingly.
Our Superfund policy guidances recognize that we can
protect our groundwater resources and, at many sites,
remediate large quantities of contaminated groundwater.
However, they also identify situations, such as those
described above, where technical, time, and cost limitations
demand a more limited approach. I want to be sure you are
taking command of these critical groundwater remedy selection
decisions at both Federal facility and non-Federal facility
Superfund sites. I have asked the Headquarters Superfund
Regional Coordinators to follow up with Regional staff on this
and other key remedy selection issues (land use designation,
presumptive remedies, and adherence to lead policy) over the
next few weeks.
Please contact me or Steve Luftig at (703) 603-8960 if you
have any questions concerning these critical consistency
issues.
cc: Steve Herman
Tim Fields
Jim Mathews
Jerry Clifford
Earl Salo
Mike Shapiro
Walt Kovalick
Steve Luftig
Jim Woolford
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