UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAY T 1991
OFFICE OP
SOLID WASTE AND EMERGENCY RESPONSE
. . OSWER Directive No. 9834.16
MEMORANDUM
SUBJECT: Model Informaional fotice Lejfter to Local Governments
FROM: YL/Don R, Clay
^ Assistant Admfinist
TO: I Regional Administrators " •
\ Regions I-X
This memorandum transmits to you a model letter that provides
information to municipalities and other local governments about
EPA's activities at a Superfund site. .The purpose of the model
letter is to inform these parties about potential Superfund actions
in which they might have an- interest and to provide relevant
information about the site. .The model letter can be used now, but
we ask that you review it and provide us with your suggestions for
improvement, particularly in assuring that it is informational and
not intimidating. If there are any provisions which you think
present serious problems, please contact us immediately.
On December 12, 1989, EPA published the "interim municipal
settlement"'policy in the Federal Register. 54 FR 51071; Dec. 12,
19.89. The policy clarifies how EPA will address municipalities
and municipal wastes in the Superfund settlement process. Although
the policy addresses many issues concerning a municipality's
involvement in the CERCLA enforcement process, the policy does not
discuss how to provide information to municipalities that do not
receive general or special notice letters. Municipalities in these
situations may not receive important information about EPA's
enforcement activities at the site. Other governmental entities
who have no potential liability may also have an interest in the
activities being undertaken at a site. This letter may be used to
inform these parties of EPA's activities at a Superfund site.
In comments on the Interim Municipal Settlement Policy and
elsewhere, the International City Management Association and the
National League of Cities have requested that municipalities be
provided with the information contained in the model letter. In
addition, the Administrator, William Reilly, recently assured the
National League of Cities that such information would be provided.
Therefore, I strongly urge you to use this letter in
appropriate .circumstances. I also urge you to share, to the
Printed on Recycled Paper
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maximum extent practicable, EPA's information about the site with
any municipality or other local government that may be associated
with or otherwise have an interest in the site.
I hope you find the model letter useful. For more information ,
about the model letter or to provide us with your comments, please
call me or have your staff call Natalie Eades at (Mail Code - os-
510) FT-- 245-36r,5, Thfu ^' you foi your attention to this matter.
Attachment , " , ' ,
cc: .Waste Management Division Directors ,
CERCIA Branch Chiefs
Bill White, Office of Enforcement - '
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[Mod€1 Informational Notice to Local Governments of Response
Actions]
UNITED STATES' ENVIRONMENTAL PROTECTION AGENCY
i <*
Region [ ]
[Address]
NOTICE OF EPA ACTIONS UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)
-[Date]
[Name and address of Municipality or other local government]
RE: [name and location of the site]
Dear [Send to the mayor and/or city manager; cc: city attorney or
other appropriate official]: ,
This letter informs you that the United States Environmental
Protection Agency ("EPA") is conducting response actions under the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) at the [name of the site] in [county], [State] (the
"Site"). CERCLAt commonly known as "Superfundw, gives EPA the
authority to take actions to protect public health, welfare, and
the environment, and to abate or minimize the impacts of a release
or threat of release of a hazardous substance at a-Superfund site.
In addition, it gives EPA the authority to sue for recovery of any
-funds spent to clean up a Superfunl site. .
Because of the potential impact on your community, the [City,
Town, County] of [ ] (the "City", "Town" or "County") is
encouraged to stay inforaed~~about the activities relating to the
site. This letter provides you with information to assist you in
following these activities.
This letter is not a notice of potential liability under
section 107(a) o^ CERCLA. However, EPA's information indicates
that l:-he City may have an interest *n the Site. [Insert (a. sent "nee
indicating what type of interest the city has in the site.]
Optional language (To the Regions: If you have information
indicating that the City might be liable include this language, if
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not use your best judgment as to whether or not to include this
language); [If, in the future, EPA obtains site-specific
information indicating that you are a potentially responsible party
(PRP), you nay receive notice to that effect by a separate letter,
-This letter is simply to info~m -the,City of EPA's activities at the
Site and to provide the City with certain background information
about 'the''-Site. ] • -
Optioi ;tl language ''(.To. Che Re -ions: Please include this
language if*you believe that the City might not be aware of this
possibility) : [Although EPA might not name you as a PRP». you
should be aware that other PRPs may take the position that the City
is responsible for costs associated with clean-up activities
undertaken at the site and may pursue the City for a share of the
costs. ] ' ' ' ' •'.••"
Given the City's potential interest in activities at the Site,
EPA encourages the City to remain fully aware of the actions to be
implemented at the site. In particular, we encourage the City to
review all documents .produced" and to comment on them, where
appropriate. ,
To assist the city in following 'the activities relating to
the Site, we are providing you with some background information.
1PA [will perform] [has performed] the following activities at [the
site]: , [note to the Regions: .This letter should be sent as soon
as possible after you learn of the municipality's interest.
Depending on when this letter is sent out, it might be appropriate
to send subsequent letters advising of the progress of response
actions.] [Briefly describe EPA's involvement at the site,
including for examolel: ,
1. On or about' ,• 19. , .EPA completed a
preliminary assessment/site investigation (PA/SI). The
PA/SI revealed a release or threat of release of
hazardous substances from the site.
2. on ,. 19 , '(_ £sd. lea- )> -
pursuant to section 105 of CERCLA, 42 U.S.C. § 9605, EPA
' placed [proposed to place] the site on the National
' Priorities List, set forth at 40 C.F.R. Part 300,
Appendix B.
\
•3. From about , 19 , to-about ,
19 , IPA [or the PRPs] undertook a Remedial
Investigation and Feasibility Study (RI/FS) for the Site
pursuant to CERCLA and the National,Contingency Plan, 40
C.F.R. Part 300, The purpose of the RI/FS was to define,
the nature and extent of contamination at the site and
' to identify alternatives fcr remediating the site.
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4, Pursuant to section 117 of'CERCLA, 42 U.S.C. § 9617, EPA
published notice of the .completion of the feasibility
study and of the proposed plan for remedial action on
... 19__3 arid provided an opportunity for public
comment on the proposed remedial action.
5. .IPA's final decision on -^.he remedial action. to be
. '^implemented at the site ;'.'s embodied in a "record of
decision" (ROD) that was executed on , 19_ .
[modify as appropriate to account for multiple ROD'S, ROD
amendments, ESD's] >
6. On or about • , 19 , EPA began a Remedial
Design/Remedial Action(RD/RA) to design and implement
the remedy selected in the. Record of Decision.
EPA also has prepared [or is preparing] the following
information about the site and potentially responsible parties:
1. A preliminary list of names and addresses of those PRPs
who have received notice letters. Inclusion on, or
exclusion from, the list does not constitute a final
determination by EPA concerning the liability of any
party for the release or threat of release of hazardous
substances at the Site.
2. To the extent such information is available, a list of
the volume and nature of substances contributed by each
PRP. This list is preliminary and-subject to revisions
based upon new information as, and if, it becomes
available.
3. A ranking by volume of the substances at the facility,
to the extent such information is available.
4. A fact sheet describing the Site.
Pursuant to section, 113 (k) of CERCLA and Subpart I of the
National Contingency Plan, EPA will establish an administrative
record that contains the documents,which form the basis of EPA's
decision for the selection of a response action at the Site. The
administrative record files, which contain the documents related
to the response action selected for the Site, [will be] [are]
available to the public for inspection and comment. The
administrative record file is located in both the EPA Regional
Office or other central location and is also available at [name of
site]. [Include an approximate date when it will be available, and
the location of the files.] -. ' ;!
The matters contained in this letter are intended solely for
notification and information purposes. They are not intended to
be and can not be relied upon as final EPA positions. •
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' I
If you have any questions aboit this letter., please contact H
( ) . You may also obtain general background information about ( „,
Superfund by calling the Superfund hot line at 1-800-424-9346,.
^ . "
, • Sincerely,
[Division Director]
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