EPA 54Q-R-96-036
                                      OSWER 9360,3-08
                                         PB96-963406
                                 http:Viwww.epa, gov\superfund
                                           June 1998
  SUPERFUND REMOVAL PROCEDURES

  THE REMOVAL RESPONSE DECISION:
SITE DISCOVERY TO RESPONSE DECISION
          Office of Emergency and Remedial Response
            U.S. Environmental Protection Agency
               Washington, D.C. 20460

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                                     NOTICE
The procedures set out in this document are intended solely for the guidance of Government
personnel.  They are not intended, nor can they be relied upon, to create any rights enforceable
by any  party in litigation with the  United  States.  Environmental Protection Agency (EPA)
officials may decide to follow the guidance provided in this document, or to act at variance with
the guidance, based on an analysis of site circumstances. The Agency also reserves the right to
change this guidance  at any time without public notice.

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                       TABLE OF CONTENTS
 Notice  	it

 List of Exhibits 	iv

 Response Decision Framework	  I

      Overview  	 1
      Criteria For Removal Actions  	 1
      Scope of Response	5

 Roles and Responsibilities  	 9

      Overview 	9
      Response Teams  	 9
      Contractors	  12
      Other Federal Agencies  	  14
      State and Local Governments  	  16


Response Decision Procedures	;	  17

      Overview  	  17
      Discovery or Notification 	,	  17
      Removal Site Evaluation	  19
      CERCLA Section 104(b) Investigations  	  21
      Responsible Party Search and Notification  	  22
      Coordinating with Other Agencies	  22
      Compliance with ARARs 	  23
      Engineering Evaluation/Cost Analysis 	  23
      Determining the Need For a Removal Action  	  24

Appendix A.  References	  A-i

Appendix B.  Key Words Index	  B-l

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                         LIST OF EXHIBITS
Exhibit 1:  Overview of Removal Action Decisionmaking Process	  18




Exhibit 2:  Response Dec is ion making Checklist  	  26

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 This document is part of a ten-volume series of guidance documents collectively tided the Superfund
 Removal  Procedures.  These stand-alone volumes update and replace Office of Solid Waste and
 Emergency Response  (OSWER)  Directive 9360.0-3B, the single-volume  Superfund  Removal
 Procedures manual, issued in February  1988.

 Each volume in the series is dedicated to a particular aspect of the removal process and includes a
 volume-specific Table of Contents, Reference List, and Key Words Index. The series comprises ihe
 following nine procedural volumes:

       The Removal Response Decision:  Site Discovery to Response Decision

       Action Memorandum Guidance

       Response Management:  Removal Action Start-up to Close-out

       Removal  Enforcement Guidance for On-Scene Coordinators

       Public Participation Guidance for On-Sccne Coordinators:  Community Relations and the
          Administrative Record

       Removal  Response Reporting

       Special Circumstances

       Guidance on the Consideration of ARARs During Removal Actions

       State Participation.

In addition, the series includes an Overview volume, containing a comprehensive Tabie of Contents,
List  of Exhibits, Key Words Index, List of Acronyms, and Glossary, for use  as a quick reference
document.

This document summarizes the relevant guidance and statutory authorities that On-Scene Coordinators
(OSCs) must follow in determining  whether a  removal action  may and should be conducted.
"Appendix A. References" provides a comprehensive list of supporting guidance documents that may
be consulted for additional information on relevant topics.  Bracketed numbers {#] appear throughout
the text to indicate specific references in Appendix A. Consult the reference documents for a more
detailed explanation of removal program policies and procedures affecting removal actions during the
circumstances noted in this volume. In addition, appropriate sections of statutes and regulations are
cited throughout the text, with a fuli citation of each statute and regulation appearing in Appendix A.
Appendix  B contains the Key Words Index.

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OSCs are responsible for conducting the decisionmaking process from site discovery to response
decision.  Upon being  notified of a release or threatened release, OSCs conduct removal site
evaluations to determine the need for a removal action under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERcLA), as amended.  Based on the results of these
evaluations, OSCs may decide either to conduct a removal action or to refer the site to the Superfund
remedial program, another Federal  agency, or the appropriate State hazardous waste program for
further action.
    OSCs evaluate incidents and determine if a removal action is required.
                                           VI

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              RESPONSE  DECISION FRAMEWORK
Overview

       The Superfimd Removal Response Procedures Removal Response Decision: Site Discovery
       to Response Decision guidance document provides general guidance for OSCs involved in
       determining whether a removal action may and should be conducted. The document clarifies
       terms  and  concepts  in  the removal  determination  process,  describes  the  roles and
       responsibilities of those involved in determining whether a removal action is necessary, and
       outlines procedures for making such a determination.  The remainder of this introductory
       section  presents an overview of the  removal authority, outlines the criteria for removal
       actions, and describes the scope of response.

Criteria For Removal Actions

       CERCLA section 104 authorizes EPA to conduct a removal action whenever there is a release
       or threatened release of a hazardous .substance into the environment, or a release or threatened
       release of a pollutant or contaminant that may  present an imminent and substantial danger to
       the public health or welfare.  CERCLA section 101(23} and (25) and NCP §300.5  define
       "removal" as:

       •      The cleanup or removal of released hazardous .substances  from the environment;

       •      Actions taken in the event of a release or threatened release of hazardous substances
             into the environment:

       •      Actions taken to monitor, assess,  and evaluate the release or threatened release of
             hazardous substances;

       •      Enforcement response activities;

       •      Disposal of removed material; and

       *      Other actions to prevent, minimize, or mitigate damage to the public health or welfare
             or  the environment.

       Removal actions are relatively short-term responses thut may take  piace at sites listed  on the
      National Priorities List (NPL) as  welt as at sites not on the NPL.  The specific situations in

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RESPONSE DECISION FRAMEWORK
       which CERCLA-funded removals may occur are guided by the criteria in §300.415(b)(2) of
       the NCP (see p. 3).

       Types of Substances

       Hazardous substances under section 105(14) of CERCLA include the following:

       •      Any substance designated pursuant to section 31 !(b)(2){A) of the Clean Water Act
             (CWA);

       •      Any element,  compound, mixture,  solution,  or  substance designated  pursuant to
             section 102 of CERCLA;

       •      Any hazardous waste having the characteristics identified under or listed pursuant to
             section 3001 of the Solid Waste Disposal Act (SWDA) {but not including any waste
             the regulation of which under the SWDA has been suspended by an Act of Congress);

       •      Any toxic pollutant listed under section 30?(a) of the CWA;

       •      Any hazardous air pollutant iisted under section 112 of the Clean Air Act (CAA); and

       •      Any imminently hazardous chemical substance or mixture for which the Administrator
             has taken action under section 7 of the Toxic Substances Control Act (TSCA),

      Hazardous substances released into the environment in amounts equal to or greater chan their
      reportable quantity (RQ) must be reported to the  National Response Center (NRC). EPA has
      promulgated adjusted RQs for over 700 hazardous substances (40 CFR 302,4). Additionally,
      RQ adjustments were promulgated for approximately 1500 radionuclides in May 1989 (54 FR
      22524),

      The term "pollutant or contaminant" according to section  101(33) of CERCLA includes, but
      is not limited to, any element, substance, compound, or mixture, including disease-causing
      agents, which after release into the environment and upon exposure, ingestion, inhalation, or
      assimilation  into any organism, either directly from the environment or indirectly by ingestion
      through food chains, wilt or may reasonably be anticipated to cause death, disease, behavioral
      abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions
      in reproduction) or physical deformations in such organisms or their offspring.

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                                        RESPONSE DECISION FRAMEWORK
                            THE PETROLEUM EXCLUSION

      The  terms "hazardous  substance" and  "pollutant  or  contaminant" do  not  include
      petroleum, such as crude oil or any fraction thereof, unless it is specifically listed or
      designated as a hazardous substance. In addition, natural gas, liquefied natural gas, and
      synthetic gas usable for fuel of pipeline  quality  (or mixtures of natural gas and such
      synthetic gas) are not designated as hazardous substances under CERCLA.
 Types of Threats,

 CERCLA section  104{a)(I) authorizes Fund-financed removal actions in response to:

 •       Any  release  or  substantial  threat  of  release  of  a hazardous  substance  to  the
        environment;  and

 •       Any release or substantial threat  of release of a pollutant or  contaminant to  the
        environment that may present an imminent and substantial danger to the public health
        or welfare.

 EPA  may initiate  a removal action  in response to any release or threatened release that,
 according to the criteria listed in §300.415{b)(2) of the NCP, is determined to be a threat to
 the public health, welfare, or the environment.  These criteria are;

 •       Actual or potential exposure to nearby human populations, animals, or the food chain
        from hazardous substances, pollutants, or contaminants;

 •      Actual cr potential contamination of drinking water supplies or sensitive ecosvstems;

*      Hazardous  substances, pollutants, or contaminants in drums, barrels, tanks, or other
       bulk storage containers,  that may pose a threat of release;

•      High levels of hazardous substances, pollutants, or contaminants  in soils largely at or
       near the surface, that may migrate;

•      Weather conditions that may cause  hazardous substances, pollutants, or contaminants
       to migrate or be released;

       Threat of fire or explosion;

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RESPONSE DECISION FRAMEWORK
       •      The  unavailability of other appropriate Federal or State  response mechanisms to
              respond to the release; and

       •      Other situations or factors that may pose threats to public health or welfare of the
              United States or the environment.

       The criteria  listed above should be considered by OSCs in determining {he appropriateness
       of a removal action,

       7>j?jy? of Incidents

       Authority to undertake removal actions is not limited to any particular category of incidents.
       Historically, Fund-financed removal projects have occurred at the following types of facilities:

       •       Active Production  Facility -  any ongoing operation that manufactures,  recycles,
              handles, stores, or transports hazardous materials or wastes as a primary ingredient,
              product, or by-product of operations,  or any  location contaminated due to off-site
              migration of hazardous materials or wastes from such operation (e.g., fire/explosion
              at a chemical plant or warehouse, PCB  contamination at an eiectronics manufacturing
              facility);

       •       Inactive Production Facility - any facility no longer in operation that manufactured,
              recycled, handled, stored, or transported hazardous materiais  or wastes as a primary
              ingredient, product, or by-product of operations, or any location contaminated due to
              off-site migration  of  hazardous materials or wastes from such previous operations
              (e.g., fire/explosion hazards at  an  inactive refinery, dioxin contamination at  an
              abandoned treatment facility,  radiation threat at a former processing facility);

       -      Active Waste Management Facility - any ongoing  legal or illegal  operation  or site
              whose primary purpose is to handle, exchange, transfer, store,  treat, or dispose of
             hazardous materials or wastes, or any location contaminated due to off-site migration
             of hazardous materials or wastes from such a facility or site (e.g., PCB migration at
             an active reclamation center, fire at an operating landfill);

       *      Inactive Waste Management Facility - any  former legal or illegal operation  or site
              whose primary purpose was to handle, exchange, transfer, store, treat, or dispose of
              hazardous materials or wastes, or any location contaminated due to off-site migration
             of hazardous materials or wastes from such a facility or site (e.g., an overflow of
             contaminated  sludge  from  a  lagoon at an abandoned chemical recycling  center,
             fire/explosion hazards  at a former oil recovery facility);

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                                              RESPONSE DECISION FRAMEWORK
        •      Midnight Dump  Site - any illegal  dumping of hazardous substances or suspected
              hazardous substances into the air, land, or water, whether accidental or deliberate
              (e.g., abandoned solvent drums  on  private property, contaminated rinsewater from
              chemical hauler dumped on roadside);

        •      Transportation-related Site - any release or threat of release of hazardous substances
              due to a transportation situation, accident, or malfunction  (e.g., an overturned truck
              leaking chemicals,  release of poisonous gas from a derailed train); and

        •      Other Site - any  release of hazardous substances that does not conform to one of the
              above categories  and/or any release where the source of the contaminant is unknown
              (e.g., drinking water contamination from an underground storage rank).

       The  Comprehensive Environmental Response. Compensation,  and  Liability  Information
       System (CERCLIS} is a database that tracks the status  of activity at all Superfund  sites.
       CERCLIS also classifies ail removal actions into one of the above categories based  upon
       information provided by  the OSC.

       Potential for Non-Federal Response

       The OSC should consider  the potential  for a response by the  potentially responsible  party
       (PRP), or State and local agencies.  EPA should not conduct Fund-financed remova! actions
       when  timely and appropriate action by a PRP is  expected or the response is within  the
       independent financial and technical  capabilities of State and local agencies [I].

Scope Of Response

       Amendments  to CERCLA and revisions to the  NCP have provided Superfund response
       personnel with the flexibility to address threats expeditiously at both NPL and non-NPL sites.
       Because removal actions  vary according  to their urgency, OSCs can manage a wide range of
       technical  activities under removal  authority.  All  responses, however, must be conducted
       within the statutory limitations on removal actions.

       Urgency of Removal Action

       OSCs must estimate how urgent a situation is at the outset of a potential removal action (i.e.,
       the maximum time that may elapse between site evaluation and initial response without posing
       additional significant risks to human health,  welfare, and the environment). This estimate is
       essential for determining the extent of activities conducted prior to starting cleanup work, such
       as a PRP search and negotiations, preparing an engineering evaluation/cost analysis (EE/CA),
       and determining compliance with other environmental statutes.

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 RESPONSE DECISION  FRAMEWORK
       Not all actions ciassified as removal actions under the NCP are equally urgent.  For example,
       situations involving fire/explosion or imminent, catastrophic contamination of a reservoir may
       require more prompt and expeditious attention than certain  removals of drums or cleanups of
       surface impoundments.  The three categories of removal actions, based upon the urgency of
       the situation, are:

       •      Emergency - Those removal actions where the release or threat of release requires
              that response activities begin on-site within hours of the lead agency's determination
              that a removal action is appropriate.

       •      Time-critical - Those removal actions  where, based on the site  evaluation, the lead
              agency determines that a removal action is appropriate and that  there is a period of
              less than six  months available before on-,site activities must be initiated.

       •      Non-time-critical - Those removal actions  where,  based on the site evaluation, the
              lead agency  determines  that a removal  action is  appropriate and  that there is a
              planning period of at least six months available before on-site activities must begin.
              The lead agency for non-time-critica! removal actions will undertake an  EE/CA or its
              equivatent.

       Because  removal program resources are limited, the  Office of Emergency and Remedial
       Response  (OERR)   has  established  priorities  for  removal  actions  based   upon  these
       classifications.   Emergencies are given  top priority for removal  resources.   Time-critical
       removal actions at NPL sites are the next highest priority, followed by time-critical removal
       actions at  non-NPL  sites  posing major  health and environmental threats  that cannot be
       addressed by other authorities. As resources permit, non-time-criticai removal actions at NPL
       sites may be conducted [2].

       Certain emergency situations may require an OSC to immediately initiate response L.tivities
       by invoking the OSC's $200,000 authority.1  Emergencies  that may require such immediate
       response  include transportation accidents, releases at active or operating  facilities, deliberate
       dumps, or when  there is a risk of death,  injury, or catastrophic environmental damage from
       releases at inactive/abandoned facilities or sites. If OSCs use their $200,000 authority, they
       must prepare  an Action Memorandum within one week of the start of  the removal  action,
       depending on the extent of mitigation efforts.  OSCs should send copies of  these  Action
       Memoranda to  their  appropriate  Regional  management  representative  and Regional
       Coordinators, and place a copy in the site file.  More detailed information can be found in the
       Superfitnd Removal Procedures Action Memorandum Guidance [3],
   1  Where applicable, the rcdelegalicm of the $200,000 amhonly lo OSCs varies by Region. A revision to this authority has
increased the ceiling from $50,000 [o 5200,000 for emergencies only.

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                                        RESPONSE DECISION FRAMEWORK
 Types of_Actions

 Section 300,415(e) of the NCP identifies several types of removal activities that may be
 appropriate for specific situations.  This iist is riot intended to prevent response officials from
 taking other actions deemed necessary in response to a release or to preclude the lead agency
 from referring response actions to other appropriate Federal or State enforcement authorities.

 The following removal activities are generally appropriate in the situations described below:

 •       Fences, warning signs, or other security or site control precautions - where restricted
        access is required;

 •       Drainage  controls (e.g., run-off or run-on diversion)  - where  needed to reduce
        migration of hazardous substances, pollutants, or contaminants off-site, or to prevent
        precipitation or run-off from other sources entering the  site (e.g.,  flood waters from
        entering the release area from other areas);

 *       Stabilization of berms, dikes, or impoundments, or drainage or closing of lagoons -
        where needed to maintain the integrity of the containment structures;

 -       Placement of  a cap on contaminated soils or sludges  - where  needed to reduce
        migration of hazardous  substances, pollutants, or contaminants into soil, ground or
        surface water, or air;

 •       Use of chemicals and other materials to retard the spread of the release or to mitigate
       its effects - where the use of such chemicals will reduce the spread of the release;

 •      Excavation, consolidation, or removal of highly contaminated soils from drainage or
       other areas -  where such actions will reduce the spread of or direct  cb.,tact with
       contamination;

•      Removal of drums, barrels, tanks, or other bulk containers that contain or may contain
       hazardous,  ignitabie, or explosive substances, pollutants, or contaminants - where it
       will  reduce the  likelihood of  fire, explosion,  spillage,  leakage, and  exposure to
       humans, animais, or the food chain;

*      Containment,  treatment, disposal, or  incineration of hazardous materials - where
       needed to  reduce the likelihood of human, animal, or food chain exposure;  and

•      Provision of alternative water supply — where it will reduce the likelihood of exposure
       to contaminated water.

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 RESPONSE DECISION FRAMEWORK
        Statutory and Other Limits an Removal Actions

        CERCLA section S04(c)(l) states that Fund-financed removal actions, other than those studies
        and investigations authorized by section  104(b), cannot continue after $2 million have been
        obligated for the action or twelve months have elapsed from  the date of initial response"
        unless the lead agency grants an exemption to these  statutory  limits [4], The OSC should
        determine as early as possible if an exemption will be needed.

        In addition  to the limitations on cost  and duration.  CERCLA section 104(a)(3) states that a
        removal action may not be taken in response to a release or threatened release:

        *       Of a naturally occurring substance in its unaiiered  form, or altered solely  through
               naturally occurring processes  or phenomena,  from  n location where it is naturally
               found;

        •       From products  that  are part  of the structure of,  and result in exposure  within,
               residential buildings or business or community structures; and

        *      Into public or private drinking water supplies  due to  deterioration of  the system
              through ordinary use.

        Section 104(a){4) of CERCLA, however, provides that EPA may respond to any release 01
        threatened release, including those situations listed above, if it is determined that the  incident
        constitutes a public health or environmental emergency and no other person with the authority
        and capability to respond to the emergency will do so in a timely manner.

        In addition,  the concurrence of the Director of OERR must he obtained prior to ihe initiation
        of removal actions taken at non-NPL sites where the proposed action is nationally significant
        or precedent-seumg [5]. Because the assessment of the potential long-term implications of
        initiating certain removal actions is largely interpretive, OSCs arid Regional personnel should
        consult  the  Guidance on  Non-NPL Removal Actions Involving  Nationally Significant  or
        Precedent-Setting Issues [5] whenever considering a removal action at a  non-NPL site.

        Finally, it is  important to consider the issue of post-removal site control (PRSC) when making
        decisions  about removal sites. PRSC refers to activities that  are necessary to  sustain  the
        integrity of a removal action  following its conclusion.
   • This twelve-month period is calculated starting (ram the date of iniual response  Even if the work is conducted inlenniitenilv. Fund-
financed removal acliotis cannot continue for more than twelve months after the tlatc of muiaJ response

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                 ROLES  AND RESPONSIBILITIES
Overview

       Depending upon the urgency of the situation,  there  are a variety of resources available to
       assist OSCs in determining whether a removal  action is necessary.  These include national.
       Regional, and specialized response teams; contractor resources; other Federal agencies; and
       State and local governments.  The OSC, however, is ultimately responsible for ensuring that
       all  procedures  in the  response dccisionmaking process (see pp. 17-26)  are conducted and
       documented adequately.

Response Teams

       The NCP established two teams to assist in Superfund responses: the National Response Team
       (NRT) and the  Regional Response Team (RRTj.  They provide the  OSC with important
       technical, coordination, and communication resources that can be used to develop emergency
       preparedness plans and to respond to specific releases. In addition to these two teams, the
       Environmental  Response Team (ERT) and the Radiological Emergency Response Teams
       (RERTs) serve as EPA's in-house consultants. The ERT specializes in treatment technologies,
       with specialists in biology, chemistry, hydrology, geology, and engineering available to assist
       during removal actions. The RERTs specialize in radiation monitoring, radionuclide analysis,
       radiation health  physics, and risk assessment.

       National Response Team

       Under §300.1 10 of the NCP, national planning and coordination is accomplished through the
       NRT. As defined by §300.110(a), the NRT consists of representatives from EPA, th. United
       States Coast Guard (USCG), and the following  Federal agencies:

       *      Department of Defense
       •      Department of Energy
       •      Department of Agriculture
       •      Department of Commerce
      •      Department of Health and Human Services
       •      Department of the Interior
       •      Department of Justice
       •      Department of Labor
      •      Department of Transportation
      *      Department of Treasury

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ROLES AND RESPONSIBILITIES
       •      Department of State
       *      Federal Emergency Management Agency
       •      Genera] Services Administration
       •      Nuclear Regulatory Commission.

       Each agency  designates a  member  to  the  team and  sufficient  alternates  to  ensure
       representation, as agency resources permit. Other agencies may request membership through
       the Chairman of the NRT.

       According ro §300.110(j) of the NCP, the NRT should be activated as an emergency response
       team  if requested by any NRT  member or when an oil discharge or hazardous substance
       release:

       •      Exceeds the response capability of the Region in which it occurs;

       •      Transects Regional boundaries; or

       •      Involves a significant threat to public health or welfare or the environment, substantial
             amounts of property, or substantial threats to natural resources.

      When activated for a response action, the NRT  may;

      •      Monitor/evaluate reports  from the OSC and recommend, through the RRTs, specific
             response actions;

      *      Request resources from other Federal, State, or local governments or private agencies
             under their existing authorities  to combat a discharge  or  release, or to  monitor
             response operations; and

      •      Coordinate  the supply of equipment, personnel, or technical advice to the affected
             Region from other Regions.

      Regional Response  Team

      RRT membership parallels that of the NRT, but also includes State and local representatives.
      The role of the RRT is to develop and coordinate Region-wide emergency  and planning
      activities before a response action is taken and to provide advice and coordination  to support
      the OSC. Specific functions the RRT may perform under §300.U5(iK4) ^the  NCP include:
                                           10

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                                            ROLES AND RESPONSIBILITIES
 •      Monitoring and evaluating reports from the OSC, advising the OSC on the extent and
        duration of response, and recommending specific response actions to respond to the
        discharge or release;

 •      Requesting resources for response or monitoring operations from other Federal, State,
        or local governments, or private agencies;

 •      Assisting the OSC with preparing public information releases and communicating with
        the NRT;

 *      Recommending designation of another OSC, if circumstances warrant; and

        Submitting Pollution Reports (POLREPs) to EPA.

 Pursuant to  §300.1 15(j)(l) of the NCP. an RRT may be  activated by the Chairman as an
 incident-specific response team when a discharge or release:

 •       Exceeds the response capability available to the OSC at the location of the discharge
        or release;

 •       Transects State boundaries;

 *       May pose a substantial threat to either the public health, welfare, or the environment,
        or to regionally significant amounts of property.  Regional contingency plans (RCPs)
        specify detailed criteria for activation of RRTs; or

 •       Is a worst case discharge.

An RRT may also be activated during any discharge or release by an oral request from either
the OSC or  an  RRT representative  to the Chairman of the team.  This request must
subsequently  be confirmed in writing.  During a prolonged removal action, the RRT may not
need to be activated or may need to be activated only in a limited sense, or may need to have
available only those member agencies of the RRT that  are directly affected or  can provide
direct response assistance.  When an RRT is activated, affected States may participate in all
RRT deliberations.  State government representatives on the RRT have the same status as any
Federal member of the RRT. The RRT can be deactivated when the incident-specific RRT
Chairman determines that the OSC no longer requires RRT assistance.
                                     II

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ROLES AND RESPONSIBILITIES
       En vironmental_ Response Team

       The ERT is a component of OERR and maintains a 24-hour response capability consisting
       of support personnel specializing in ail aspects of hazardous substance response, including
       hazard evaluation, risk assessment, and multi-media sampling.  The  ERT is available to:
       respond to emergencies;  consult on water and air quality criteria and  health and safety
       protocols;  interpret and evaluate analytical data; participate in  engineering and scientific
       studies; develop and implement site-specific safety programs;  provide  enforcement; and
       supervise contractor site work.  The authority to activate the ERT rests with the appropriate
       Regional Coordinator.  When an OSC determines that ERT assistance is necessary, the OSC
       should cal!  (703)  603-8760  during  duty hours  or,  during  non-duty  hours,  the  ERT
       representative at the 24-hour  response  number (90S) 321-6660,   Upon activation,  the
       appropriate ERT  personnel  and resources  are  dispatched  to  operate  under the direct
       operational control of the  OSC.

       Radiological Emergency Response Teams

       Requests for support from the RERTs may be made 24 hours a day via the NRC or directiy
       to the Radiological Response Coordinator in EPA's Office of Radiation and Indoor Air
       (ORIA).  The response teams have been  established to provide response and support for
       incidents or sites containing radiological hazards. These teams can provide on-site support,
       including mobile monitoring laboratories for field analysis of samples and fixed laboratories
       for radiochemicn! sampling and analysis,

Contractors

       When necessary, the OSC can use contractor resources, including the Superfund Technical
       Assessment and Response Team (START) contracts and the National Contract Laboratory
       Program (NCLP), to assist with site evaluation efforts.  These contractors  provide DP A wiih
       technical capabilities, such as field and analytical services,  to support the removal decision.
       Although  Emergency  and  Rapid Response  Services  (ERRS) contractors  may  provide
       emergency, time-critical, and rapid remedial cleanup support to the Superfund program, they
       should never be used for site evaluation support.

       START

       In 1990, EPA issued its long-term contracting strategy for the Superfund program [13J. One
       of  the  contracts   developed   under  this strategy  was  the  joint Field  Investigation
       Team/Technical Assistance  Team (FIT/TAT) contract, now referred to as  the  Superfund
       Technical Assessment and Response Team contract. The START contract provides technical
       support  capabilities for both the removal and site assessment programs.  Tasks typically

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                                             ROLES AND RESPONSIBILITIES
 performed under these contracts include sampling, sample analyses, process audits/inspections,
 and contingency planning. Under the START contracts, technical support is provided by fully
 trained, multi-disciplinary teams that may include personnel-such as engineers, technicians,
 geologists, lexicologists, biologists,  and chemists.

 To  arrange for START assistance,  the OSC should contact  the START Regional Deputy
 Project Officer (DPO) or START PO,  The DPO/PO is responsible for preparing and issuing
 a written  work order (the Technical Direction Document (TDD)) to the START contractor.
 When time-critical  response  is required,  the DPO/PO may issue an oral order  to initiate
 START assistance followed within five working days by the TDD, which contains the scope
 of work, a schedule of deliverables, a budget, and reporting requirements [6].

 National Contract Laboratory Program

 The NCLP provides a national system of chemical  analytical laboratories to augment EPA
 in-house support for response actions.  The program includes routine analytical services for
 organic and inorganic compounds in standard matrices; routine analytical services for dioxin;
 high-hazard sample preparation prior to laboratory  analysis; and special analytical services
 consisting of non-standardized analyses for organic and inorganic compounds in a variety of
 mairices.  The OSC cart access the NCLP  through  the Regional Sample  Control Center
 (RSCC) official designated by each  Regional Office.

 The  NCLP has also  developed an analytical service  designed to provide rapid turnaround of
 data from  the analysis of water, soil/solid, oil/oily, and wipe samples.  This quick turnaround
 method (QTM) analytical service, with a turnaround requirement of 48 hours (72 if more than
 three fractional analyses are requested), produces data of known and documented quality.
 QTM  analytical methods are available  for analyses of  volatiles,  polynuclear  aromatic
 hydrocarbons  (PAHs),  phenols, polychlorinated  biphenyls (PCBs),  and pesticides.   Data
 produced from these analytical methods can  be  used svhenever decisions do  not require that
 the identity of target compounds be confirmed and when quantities can be approximated.  The
 QTM can  be used for site inspections, site characterizations, treatability  studies, engineering
 designs, remedial actions, time-critical and non-time-critical removal assessments when target
 compounds are known or highly suspected, and when sample results are needed quickly.

 Access to  the QTM  CLP analytical service is typically accomplished through an authorized
 requestor,  such as  the  RSCC  coordinator,  or through a Regional emergency  response
authorized  requestor.   Because emergency response situations  often  require very quick
turnaround of data, OSCs have the option of designating an  authorized requestor to schedule
QTM analytical requests for emergency responses.  This procedure allows OSCs  to request
QTM analyses directly from the Sample Management Office (SMO), provides for  flexibility
in scheduling, and Is consistent with current operations in most Regions.  If emergency

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ROLES AND RESPONSIBILITIES
       situations occur during non-business hours, the authorized requestor should leave a voice mail
       message for the appropriate SMO coordinator to ensure that samples wiii be scheduled as
       soon as business hours resume.

Other Federal Agencies

       In addition to  in-house and contractor resources, the OSC may  request the services of other
       Federal agencies, when appropriate. The USCG and  the Agency for Toxic Substances and
       Disease Registry (ATSDR) are two agencies that frequently assist or coordinate with the OSC.

       United Stares Coast Guard

       The USCG is responsible for providing OSCs for the initial response to discharges or releases
       in the coastal  zone.   The USCG's response capabilities include  performing removal  site
       evaluations to .establish whether an incident meets the  criteria of a CERCLA removal action,
       monitoring non-Federal removal actions, and conducting medical monitoring and enforcement
       activities. The USCG also develops response training and  guidance materials.

       The National Strike Force (NSF) is a special team established  by the USCG, including the
       three USCG Strike Teams, the Public Information Assist  Team (PIAT), and the National
       Strike Force Coordination Center (NSFCC). The NSF is available to assist OSCs/RPMs in
       their preparedness and response duties.

       The three USCG Strike Teams (located on the Atlantic, Pacific, and Gulf coasts) provide
       trained personnel and specialized equipment to assist  the OSC in training for spill response,
       stabilizing and containing the spili. and in monitoring  or directing the response actions of the
       responsible parties and/or contractors.  The OSC has a specific team designated for initial
       contact and may contact that team directly for any assistance.

      The NSFCC can provide the following support to the OSC:

       •      Technical assistance, equipment, and other resources to augment the OSC staff during
             spili response;

       •      Assistance in coordinating the use of private  and public resources in support of the
             OSC during a response to or a threat of a worst case discharge of oil;

       •      Review of the area contingency plan, including an evaluation of equipment readiness
             and coordination among responsible public agencies and private  organizations;
                                           14

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                                             ROLES AND RESPONSIBILITIES
 *      Assistance in locating spill response resources for both response and planning, using
        the  NSFCC's national and international computerized  inventory of spill response
        resources;

 •      Coordination and evaluation of pollution response exercises; and

 •      Inspection of district prepositioned pollution response equipment.

 The PIAT is an  element of the NSFCC staff that is available  to assist OSCs to meet the
 demands for public information during a response or exercise.  Its use is encouraged any  time
 the OSC requires outside public affairs support.  Requests for PIAT assistance may be made
 through the NSFCC or NRC.

 District Response Groups (DRGs) assist the OSC by providing technical assistance, personnel,
 and equipment,  including  prepositioned  equipment.   Each  DRG  consists of all  USCG
 personnel and equipment, including marine  firefighting equipment, in its district, additional
 prepositioned equipment, and a District Response Advisory Team (DRAT) that is available
 to provide support to the OSC In the  event that a spill exceeds local response capabilities.

 National Response Center

 Funded by 15 Federal agencies and maintained  by the USCG,  the NRC acts as the single
 Federal point of contact  for aS!  pollution incident reporting and serves as the NRT
 communications center.   Upon receipt of a  notification of a release, the NRC immediately
 notifies the  appropriate predesignated OSC.   In  addition,  the NRC evaluates  incoming
 information  and  immediately  advises the  Federal Emergency  Management Agency  of a
 potential major disaster or evacuation situation.  The NRC also tracks hiedium, major, and
 potentially major spills  and provides incident summaries to all NRT members and other
 interested parties.   The  NRC  also transmits  release  reports  to  the  Department of
 Transportation's (DOT's) Voipe National Transportation  Systems Center (VNTSC), where
 these reports are compiled and input into  the Emergency Response Notification  System
 (ERNS). ERNS is a data base that integrates both initial notification information concerning
 oil and hazardous substance releases and additional  information for those  incidents that have
 been verified.

AgencyJojr^Toxic  Substances and Disease Registry

 ATSDR is responsible for conducting health-related activities regarding releases of hazardous
substances. ATSDR may perform on-site health assessments to determine the potential nature
and magnitude of any imminent health threat and may issue  public health advice (in which
case the OSC  should  attach  such  findings as an  appendix  to  the appropriate  Action
                                     15

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 ROLES AND RESPONSIBILITIES
       Memorandum).  ATSDR may also provide assistance on worker health and safety issues
       through an ATSDR interagency agreement (IAG) with the Occupational Safety and Health
       Administration  (OSHA) and/or the  National Institute of Occupational Safety and Health
       (NIOSH).  ATSDR maintains a 24-hour hotline number, which is (404) 639-0615.

       Department of Defense

       The Department of Defense (DOD) is the removal response authority for incidents involving
       DOD military weapons and munitions or weapons and  munitions  under  the jurisdiction,
       custody, or control of DOD, or other hazardous substances under the jurisdiction, custody, or
       control of DOD.

State and Local Governments

       Because  State  and local  public safety organizations  are  often  the  first government
       representatives at  the scene of a discharge or release, they are expected to  initiate public
       safety measures that are both capable  of protecting public health and welfare  and consistent
       with  the NCP,  In addition, these public safety organizations are responsible for directing
       evacuations pursuant to existing State or local procedures.

       States are also responsible for identifying State  applicable or relevant  and appropriate
       requirements (ARARs), and may enter into cooperative agreements under CERCLA section
       104 to enable them to assume the lead for a Fund-financed non-time-cntical removal action,
       in accordance with the procedures set forth in 40 CFR Part 35, Subpart O. Before any Fund-
       financed removal activities are initiated at a site. State and local governments may be required
       to ensure the provision of  post-removal site control  procedures until either a  permanent
       remedy is implemented  or no further site control measures are needed (!}.  For facilities not
       addressed under CERCLA, States are encouraged  to undertake response actions themselves
       or to use their authorities to compel/negotiate with PRPs to undertake actions,

       To assist in coordinating response efforts, each State governor is asked to designate one State
       office/representative to  represent  the State on the appropriate RRT.  The governor is also
       asked to designate a.lead agency that wii! direct State-lead response operations, designate the
       OSC for State-lead  response actions, designate Support  Agency Coordinators (SACs) for
       Federal-lead response actions, and coordinate and communicate with any other State agencies,
       as appropriate.  Local governments are invited to participate  in activities of the appropriate
       RRT,  as provided  by State law or arranged for by the State's representative. Indian  tribal
       governments also  may arrange for representation with the appropriate RRT.

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               RESPONSE DECISION PROCEDURES
 Overview

       Exhibit i summarizes the removal response decisionmaking process. Following discovery of
       the incident or notification to the NRC, the OSC initiates a removal site evaluation and other
       CERCLA section  104(b) investigations,  as necessary.  Based upon  the results  of these
       activities, and in conjunction with art assessment of how the incident meets the statutory and
       regulatory criteria for a removal action, the results of PRP investigations, and  the  potential
       for involvement by States or other entities, the OSC must determine the need to initiate a
       Fund-financed removal action.  These procedures may vary according to the urgency of the
       situation. For example, in emergencies, response personnel may need to base their decisions
       on relatively limited data, while less urgent incidents allow for more extensive environmental
       monitoring and sampling and a longer planning phase.

Discovery or Notification

       According to §300.405  of the  NCP, a release may  be  discovered through the following
       mechanisms, among others:

       •      Notification in accordance with sections !03(a) or (c) of CERCLA, whereby any
             person in charge of a vessel or an onshore or offshore  facility is required to notify the
             NRC as soon as that person has knowledge of any release of a hazardous substance
             involving a reportable quantity (RQ):

       •      Investigation  by  governmental authorities, conducted under  section 104{e) of
             CERCLA or other statutory authorities;

       -      Notification of a release by a Federal or State permittee when required by the permit
             (e.g.,  under  the  Clean  Air  Act (CAA), Clean Water  Act  {CWA}, Resource
             Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA)};

       *      Inventory or survey activities, or random or incidental observation by government
             agencies, PRPs, or the public; or

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RESPONSE DECISION PROCEDURES
EXHIBIT 1. OVERVIEW OF REMOVAL ACTION DECISIONMAKING PROCESS*



Site discovery
1

'
Notification to NBC. EPA, or USCG

4

Release data input into ERNS

I

Verification or release daia
fNO


Conduct removal site evaluation and oiher 104(b)
investigations
>
r
Begin PRP search and notification
,
Review
/ Does i
/meet NC
Nt (or a ft
N^ 3CII
r
lindings
-icrdent\ No
P rritwra\ , W,
•moval /
Yes
Consult with State regarding impending removal
action and ARARs identification

Terminate
response

Terminate response, or
refer So remedial
program, other Federal
agency, or Slate it
necessary

"4-
* Order of «
Prepare EE/CA !or non-time-crftical removal action
,
Prepare action
. . i
r 	
memorandum
r
Begin response

jvents for illustrative purposes only. Some events may be concurrent

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                                            RESPONSE DECISION PROCEDURES
        •     Submission of a citizen petition to EPA or the appropriate Federal faciiity requesting
              a preliminary assessment, in accordance with section !05(d) of CERCLA.

        When necessary,  notification must also be matte in accordance with other environmental
        statutes and regulations, including;  CWA section 3t I; RCRA Subtitle C; Toxic Substances
        and Control Act (TSCA) section 8{e); reporting requirements established under the Hazardous
        Materials  Transportation  Act; and requirements established  by the Nuclear Regulatory
        Commission for reporting releases of certain radioactive substances.

        In addition to the mechanisms outlined above,  section  304 of the Emergency Planning and
        Community Right-to-Know Act of 1986 (EPCRA) requires notification of releases involving
        hazardous substances and extremely hazardous  substances (EHSs), as defined under section
        302(a), from facilities at which hazardous chemicals are produced, used, or stored.  Of the
        360 EHSs,  134 also have RQs established pursuant to CERCLA section 102, The remaining
        EHSs may be designated as CERCLA substances in the near future.  Until that  time, facility
       owners or operators  must report  only EHSs classified as CERCLA substances  to the NRC,
       Those substances that are classified as EHSs, as  well as  CERCLA hazardous substances, also
       must be reported Jo State Emergency Response Commissions (SERCs) and Local Emergency
       Planning Committees (LEPCs) according to the criteria listed under EPCRA section 304(a){2).

       Following notice of a release, the OSC must determine whether the incident may require a
       removal action pursuant to §300.415{b) of the NCP. If the release meets the NCP criteria,
       the OSC should begin a removal  site evaluation; otherwise, the OSC should  refer the release
       to either EPA remedial response staff to conduct a site evaluation pursuant to §300.420 of the
       NCP, or another appropriate Federal or State authority.

Removal Site Evaluation

       Section 300,410 ^f the NCP directs EPA to conduct, as appropriate, a removal site evaluation
       of a release or threatened release identified for a possible removal action as  promptly as
       possible. The removal site evaluation comprises a removal preliminary assessment (PA) and
       a removal site inspection (Si). During a removal site evaluation, the OSC  should consider
       the type of contaminant, concentration and form, action levels, and mitigation options. The
       OSC has responsibility for conducting this evaluation for EPA-lead removal actions.

       According to §300.410{c)(l)  of the NCP, the removal PA may include but is not limited to;

       •      Identification of the source and nature of the release or threat of release;

       •      Evaluation of the threat to public health by ATSDR or other sources (e.g., State public
              health agencies);
                                           19

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 RESPONSE DECISION PROCEDURES
 *      Evaluation of the magnitude of the threat;

 *      Evaluation of factors necessary to make the determination of whether a removal action
        is necessary; and

 •      Determination of whether a non-Federa! party is undertaking proper response.

 In addition to the above information,  the OSC must incorporate any special procedures or
 technical criteria EPA has established  for a variety  of special, complex cases.  These cases
 include removal  actions  involving  temporary relocation; contamination of drinking ..-ater.
 structures, or private residences [8];  floodpiains and wetlands [9]; Native American lands; and
 contamination anywhere due to radioactive wa.stes or naturally occurring substances [10].

 Depending upon the characteristics  of  the release and urgency of the situation, the removal
 PA may require anywhere from an hour to several weeks.  The OSC may undertake a variety
 of activities to collect the necessary information. For example, a  removal PA may include
 the collection or review of  data  such as  site management  practices,  information  from
 generators, photographs, analysis of historical photographs, literature searches, and personal
 interviews.   In general,  the removal  PA  for emergencies wilt rely primarily on readily
 available, existing information and on any available  sample data. When the incident allows
 for longer evaluation, the removal PA may include  more analytical and monitoring efforts.
 Foi example, the OSC should conduct more extensive sampling to better document the actual
 or potential threats to public health, welfare, or the environment. When time allows, OSCs
 also should use existing environmental  and health standards as triggers for initiating response
 and as guidelines in determining response actions. Assistance for removal PAs is commonly
 provided by ERT, ATSDR, or START.  (Because START is a contractor resource, assistance
 for removal PAs provided by START should be limited to assessment activities, and should
 not include any type of removal action evaluation.)

The OSC is also responsible for initiating a PRF search during the removal PA to identify and
compel/negotiate with legally responsible parties to take corrective action. OSCs have several
resources  for assistance with the  PRP search, including Regional enforcement staff, the
Office of Regional Counsel, and contractor resources. In addition, OSCs or other enforcement
personnel must notify the appropriate  National  Enforcement  Investigations Center (NEIC)
immediately when criminal activity is suspected [11],  Enforcement activities  are ongoing
throughout the course of a removal  action,

If additional information is  needed,  the OSC can perform a removal SI  that may include an
on- or off-site (perimeter) inspection, taking safety into consideration.  Moreover, OSCs may
conduct further studies or investigations as part of the removal site evaluation under CERCLA
section  I04(b).
                                     20

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                                             RESPONSE DECISION PROCEDURES
        Section 300.410(0 of the NCP provides that a removal site evaluation will be terminated, as
        appropriate, when the OSC or lead agency determines:

        •      There is no release or threat of release;

        *      The source is neither a vessel nor a facility as defined in §300.5 of the NCP;

        •      The release does not involve a hazardous substance or a pollutant or contaminant that
              may pose an imminent and substantial danger to public health or welfare;

        •      The release consists of a situation  specified in §§300.400(b)(l), (2), and (3} of the
              NCP that is subject to limitations on response (see p. 8);

        -      The amount, quantity, or concentration released does not warrant Federal response;

        •      A party  responsible for the  release, or  any other person,  is providing  appropriate
              response, and on-scene monitoring  by the government is not required; or

        *      The removal site evaluation is completed.

       The  results of  the  removal site  evaluation  should  be documented and included in the
       administrative record.  OSCs are strongly encouraged  to submit POLREPS to the appropriate
       Regional Coordinators, the RRT, and other appropriate agencies, documenting situations
       where removal PAs were initiated,  but no removal actions were conducted. At the conclusion
       of the removal site evaluation, if the OSC determines  that natural resources have been or are
       likely to be damaged by the release, the OSC or lead agency must promptly notify State and
       Federal trustees of the affected natural resources so that the trustees may initiate  appropriate
       actions according to Subpart G of the NCP. If remedial  action under §300.430  of the NCP
       is indicated, the OSC should refer the incident, together with all in formation from  the removal
       site evaluation,  to remedial response personnel for further activity.

CERCtA Section 104(b) Investigations

       Section  104(b)  of  CERCLA  provides for planning, legal, fiscal, economic, engineering,
       architectural, and other studies or investigations that may be necessary or appropriate to plan
       and direct response  actions.  CERCLA section  I04(c)(l) exempts  these costs and the time
       expended implementing these activities from the 12-montlyf$2 million statutory limitations (see
       p. 6).
                                            21

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        RESPONSE DECISION PROCEDURES
        Studies or investigations under section 104{b) may be conducted as part of the removal site
        evaluation for an observed or suspected hazardous substance release when the OSC requires
        more information to determine the need for, extent of, or best method to conduct a removal
        action.  The ERT, START, and NCLP can provide support for !04(b-) investigations.

 Responsible Party Search and Notification

        Section 300.4 f5(a)(2) of the  NCP requires that the lead agency, to the  extent practicable,
        search for PRPs and attempt to have them perform the necessary removal action. Factors to
        consider when  determining the  potential for  PRP involvement in the response include the
        urgency of the release, the status of enforcement activities, and the financial capability of the
        responsible party.   In certain  instances where a  pure product has  been released, the
        manufacturer or distributor  responsible for the release can  be prevailed  upon to undertake
        retrieval of the  product. Before seeking  CERCLA funding, the OSC, with assistance from
     .   the Office of  Regional Counsel,  should  make  a reasonable effort  to identify  and
        compel/negotiate with legally responsible parties to undertake the necessary response actions.
       The level of effort determined to  be reasonable in identifying  and compelling/negotiating with
       potentially responsible parties will depend upon the immediacy and seriousness f»f the release
       situation.  Efforts to identify responsible  parties must include, at  a minimum, oral inquiries
       of available sources  who may be knowledgeable of the situation [1).

       When possible, the  Regional program office  should issue notice letters to identified PRPs
       concerning their possible liability and inform them of the intended response action prior to
       the initiation of a removal  action.  Regional  enforcement  staff  in the Office of Regional
       Counsel, in consultation with OSCs, develop notice letters, which are issued subsequently by
       the Regional Administrator  or the Administrator's designee. During emergency situations,
       however, OSCs  may notify PRPs in person or over the telephone. The Regional Office then
       confirms the oral notification  and any requests for response by  sending the PRP a general
       notice letter, which should be reviewed by the Office of Regional Counsel when time permits.
       For non-time-critica] removal actions, special notice letters may be issued to invok^ formal
       negotiations and a 60-120 day moratory-a on EPA response actions [11].

Coordinating With Other Agencies

       In  addition to PRP  response,  the OSC  must evaluate the potential  for response by other
       Federal, State,  or local agencies.   Other Federal  agencies have lead responsibility for
       undertaking and financing removal actions, at their own facilities, except emergencies at
       non-DOD and non-DOE facilities. Factors to consider when evaluating the potential for State
       and local response are the urgency of me situation and the ability and willingness of relevant
       agencies to take action.

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                                            RESPONSE DECISION PROCEDURES
        If a Fund-financed removal action is appropriate, the OSC should consult with  the State
        before initiating action and request a list of ARARs from the appropriate State agency.  In
        addition, the OSC must notify  State and Federal trustees of potential  injuries to  natural
        resources.  For emergency removal actions, however, the OSC should not delay response in
        order to identify ARARs.

 Compliance With ARARs

        As provided in §300.415(j) of the NCP, removal actions must meet ARARs of other Federal
        and State environmental and public health laws to  the extent practicable, considering the
        exigencies of the situation. The timing of ARARs identification, therefore, varies from site
        to site, depending  upon the urgency of the situation.  The removal process is intended to  be
        flexible, and the  need  for prompt  response  may require  that  the removal  action  be
        implemented immediately, prior  to the identification  of ARARs.

       For emergency removal actions, OSCs should  not delay response in order to identify potential
       ARARs. During most time-critical removal actions, OSCs should identify potential ARARs
       during the  removal site  evaluation phase  and assess them before  initiating any response
       actions. During non-time critical  removal actions, sufficient time  should  be available for
       OSCs to ensure that ARAR determinations are based upon a reasonable understanding of site
       characteristics. In particular, preparing the engineering evaluation/cost analysis (EE/CA)  as
       described below should allow  OSCs to  fully  consider~ARARs during all non-time-critical
       removal actions [12].

Engineering Evaluation/Cost Analysis

       EE/CAs are required for  non-time-critical removal actions. The EE/CA process includes:

       •      Conducting a removal site evaluation to indicate that the site meets the c.^eria for
              initiating a removal action;

              Notifying PRPs of their liability;

       •      Preparing an EE/CA approval memorandum documenting that the site meets removal
              action criteria and securing  management approval to conduct the EEVCA; and

       •      Preparing the EE/CA study  documenting the comparative analysis of removal action
              options.

       The resulting  EE/CA should contain  information on site characteristics, identification  of
       removal action objectives, and identification and analysis of removal  action alternatives.  The

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       RESPONSE DECISION PROCEDURES
       completed EE/CA must be placed in the administrative record.  At the same time, a notice
       of EE/CA availability must be published in a Jocal newspaper with a brief summary of the
       EE/CA and  an  announcement  of a public  comment period of at least 30  days.   Upon
       conclusion of the public  comment period, a written response  to significant comments is
       prepared and placed in the administrative record [13],

Determining the Need For a Removal Action

       §300.415(a) of the NCP provides thai in determining the appropriate extent of response at a
       release, the OSC will:

       *      Review the removal sire evaluation, any information produced through a remedial site
             evaluation if one  has been  conducted previously, and current  site conditions, to
             determine if a removal action is appropriate;

       •      Make an  initiai effort, where responsible parties are knpw\n, to determine whether they
             can and will perform the necessary  removal action;

       *      Make an  initial effort, where responsible parties are unknown, to locate them and have
             them perform the necessary removal action; and

       •      Document that the time frame  for response is more appropriate for  removal than
             remedta!  response.

       At any release,  regardless of whether the site is on the NPL,  the  OSC may take any
       appropriate removal action to abate, prevent, minimize, stabilize, mitigate, or eliminate  the
       actual or potential release and the resulting threat if the OSC determines, based on the factors
       in §300.415{b)(2) of the  NCP.  that there is a threat to public  health, welfare, or  the
       environment.    The OSC should  consider  the  following factors  in determining  the
       appropriateness of a removal action:   (1)  Actual  or potential exposure to nearby human
       populations,  animals,  or  the food chain  from  hazardous  substances or pollutants or
       contaminants; (2) actual or potential contamination of drinking water supplies or sensitive
       ecosystems; (3) hazardous substances or pollutants  or contaminants in drums, barrels, tanks,
      or other  bulk storage  containers, that  may pose  a threat of release;  (4) high levels of
       hazardous substances or pollutants or contaminants  jn soils  largely at or near the surface, that
      may  migrate; (5) weather  conditions that may cause hazardous substances or pollutants or
      contaminants  to migrate or be released;  (6)  threat of fire or explosion; (7) the availability of
      other appropriate Federal or State response mechanisms to respond to the release; and (8)
       other situations or factors that may pose threats to  publ'C heath or welfare or environment.
                                           24

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                                   RESPONSE DECISION PROCEDURES
Exhibit 2 presents a checklist of activities that should be conducted prior to undertaking a
removal action, depending upon the urgency of the situation.  OSCs must ensure that
appropriate activities are thoroughly documented  in order to demonstrate that a decision to
undertake a removal action is consistent with CERCLA, the NCP, and program delegations,
policies, and procedures. This documentation, along with the final decision document - the
Action  Memorandum - is placed in the administrative record.
                                  25

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RESPONSE DECISION PROCEDURES
  EXHIBIT 2.  RESPONSE DECIS1ONMAKING CHECKLIST
 The following checklist has been developed to assist OSCs in conducing or coordinating the
 activities needed to determine whether a removal actiop is necessary. The OSC should determine
 that the folSowing activities are completed when appropriate;
 Notification
 D   Noiify NRC of release or threatened release if incident was reported directly 10 EPA.
 D   Notify Slate and Federal trustees of damage or potential damage to natural resources,
 D   Noiify potentially responsible parties of liability (orally, if necessary, followed by written
      confirmation).
 Removal Site Evaluation
 C   Conduct removal preliminary  assessment basi_d upon readily available information, such as a
      review of data,  photographs, and persona! interviews.
 G   Submit  Pollution Reports to the Regional Coordinator to document situations where removal
      PAs were initialed, hut the determination was made not to conduct a removal  action.
 D   Conduct removal site inspection if time is available to obtain more information, such a.s
      sampling results and off-site iru estimations.
 n   Conduct other CERCLA  section 104{h) investigations as necessary (NOTE:  I04(b)
      investigation costs do not count towards the removal action project ceiling or  the $2 million
      statutory limit).
 D   Document findings of removal sue  evaluation and associated investigations appropriately.
 D   Compare results of removal site evaluation against CERCLA/NCP removal criteria; refer
      incident to State, remedial program, or other Federal agency as appropriate.
 Coordination with States
 G   Consult  with Slate regarding impending removal action
 O   Request list of potential applicable  ur rcle\3nt  and appropriate requirements from Stale.
 Decision Documentation
 D   Prepare  EE/CA  for non-time-critical removal actions.
 D   Publish  notice of availability and brief description of the EE/CA, and hold a public comment
      period of at least 30 days, as appropriate.
 D   Prepare  written  response to significant comments.
 D   Determine the need for an exemption to the S2 million or  12-month statutory  limits on removal
      actions.
 D   Prepare  appropriate Action Memorandum.

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                                APPENDIX A.  REFERENCES2



 Guidance

 [I]  OSWER Dir. 9S37.2-A, "Enforcement Project Management Handbook" (January 1991),

 [2]  OSWER Dir. 9360.0-18, "Removal Program Priorities" (March 31, 1988).

 [3]  OSWER Dir. 9360.3-01, "Superfund Removal Procedures:  Action Memorandum Guidance"
        (December 1990).

 [4]  OSWER Dir. 9360.0-12A, "Final Guidance on Implementation of the 'Consistency*
        Exemption to the Statutory Limits on Removal Actions" (June 12, 1989).

 [5]  OSWER Dir. 9360.0-19, "Guidance on Non-NPL Removal Actions Involving Nationally
        Significant or Precedent-Setting Issues" (March 3,  1989).

 [6]  OSWER Dir. 9360.6-08, "Technical Assistance Team (TAT) Contracts Users' Manual"
        (December 1991).

 [7]  OSWER Dir. 9360.2-02, "Policy on Management of Post-Removal Site Control"
        (December 3, 1990).

 [8]  OSWER Dir. 9360,1-10, "Interim Final Guidance on Removal Action Levels at Contaminated
        Drinking Water Sites" (October 6, 1987).

 [9]  "OSWER Dir. 9280.0-02B. "Policy on Floodplains and Wetlands Assessments for CERCLA
       Actions" (August 6,  !988).

 [IOJ OSWER Dir. 9360.0-8, "Removal Actions at Methane Release Sites (Release of Naturally
       Occurring Substances)" (January 23, 1986).

 [11] OSWER Dtr. 9360.3-06, "Superfund Removal Procedures: Removal Enforcement Guidance
       for On-Scene Coordinators" (April J992),
   "  Bracketed numbers appear throughout the text and correspond to the references listed in this appendix. These references
may be consulted tor additional information on specific topics affecting the removal response decision.

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Guidance (continued)

[12] OSWER Dir. 93603-02, "Superfund Removal Procedures:  Guidance on the Consideration
       of ARARS During Removal Actions" (August 1991).

[13} OSWER Dir. 9360.0-32, "Guidance on Conducting Non-Time-Critical Removal Actions
       under CERCLA" (August 1993).

Statutes and Regulations

The Clean Air Act, as amended, 42 USC 7401-767 Iq.

The Clean Water Act of 3977, 33 USC 1251-1376.

The Comprehensive Environmental Response. Compensation, and Liability Act of 1980, as
       amended, 42 USC 9601-9675.

Cooperative Agreements and Superfund State Contracts for Superfund Response Actions, 40
       CFR Part 35, Subpart O.

The Emergency Planning and Community Right-to-Know Act of 1986, 42 USC  ! 1001-11050.

The Hazardous Materials Transportation Act of 1976, as amended, 49 USC  1805-1812.

The National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300, 55 FR
       8666-8865 (March 28,  1990).

The Resource Conservation and Recovery Act of 1976, as amended, 42 USC 6901-6987.

The Safe  Drinking Water Act of 1974, as amended, 42  USC 300R-300J-9.

The Solid Waste Disposal Act of 1976, as amended, 42 USC 6903-6948.

The Toxic Substances Control Act of 1976, 15 USC 2601-2654.
                                            A-2

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                        APPENDIX B. KEY WORDS INDEX









 Action Memorandum	                   c> 15 25




 Agency for Toxic Substances and Disease Registry (ATSDR)	  15-16, 19, 20




 Applicable or relevant and appropriate requirements (ARARs)	  16, 23




 Administrative record	  21, 23-24




 CERCLA section 104(b) investigations	  f7, 21-22




 Contractor resources	  9_ 12-13, 20




 Discovery	  17




 Emergency and Rapid  Response Services (ERRS) contracts 	  12




 Engineering Evaluation/Cost Analysis (EE/CA)	  5, 6, 23-24




 Environmental  Response Team (ERT)  	9, 12. 20, 22




 Extremely Hazardous Substances (EHSs)  	  19




 Hazardous substances	1-3, 5, 7,  10-12,  I?. 16. 1?. I4). 21, 24




 Local governments	 9, 16




 National Contract Laboratory Program (NCLP)	  12-13. 22




 National Priorities LiV (NPL)	  1, 5-6, 8, 24




 National Response Center  (NRC)	  2, 12, 15, 17, 19




National Response Team (NRT)	9-11, 15




Notification	  15, 17,  19, 22




OSC's $200,000 authority	6




Pollutants and contaminants  	  1-3, 7, 21, 24




Post Removal Site Control (PRSC) 	8







                                         B-l

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 Potentially Responsible Parties (PRPs)
    Notification	  22
    Searches	  5,  17. 20, 22

 Radiological Emergency Response Teams (RERTs)	  9, 12

 Regional Response Team (RRT)  	  9-11, 16. 21

 Removal actions
    Emergency 	6, 8. 12
    Non-time-critical 	  6,  13, 16, 23
    Time-critical	  6,  12, 13, 23

 Removal Site Evaluation	  14-15, 17, 19-21, 23-24
    Preliminary Assessment (PA)   	  17,  19-21
    Site Inspection (SI)  	  19-20

 Reportable quantities (RQs)  	  2. 17, 19

 State governments  	 5, 9-i I, 16

Statutory limits 	  5, 8, 21

Superfund Technical Assessment and Response Team (START)	   12-13, 20, 22

United States Coast Guard (USCG^ 	9,  14-15
                                           B-2

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