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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