UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  WASHINGTON, D.C. 20460
                                       MAY1 21998

                                                                              OFFICE OF
                                                                   SOLID WASTE AND EMERGENCY RESPONSE

MEMORANDUM                                                      OSWER 9360.1-05

SUBJECT:    Concurrence Policy for
              Mercury Removals

FROM:       Stephen D. Duftig, Director /s - by Larry Reed for/
              Office of Environmental and Emergency Response

To:           Superfund National Managers, Regions 1-10

Purpose

       The purpose of this memorandum is to modify the Headquarters concurrence requirements for
removal actions addressing certain residential mercury contamination. It is anticipated that most future
mercury-related removals will continue to consist of individualized, small scale actions (such as those
related to mercury theft and transport to the home from school buildings). Today's policy should be
used in these instances.

       Larger-scale or unique mercury removal actions or mercury removal actions with the potential
to substantially impact Regional or national budgets for removal should continue to follow the previous,
formal concurrence processes. This modification will improve administrative efficiency and decrease
cleanup time while continuing to follow statutory limits identified under CERCLA § 104(a)(l) (response
authority based on hazardous substance release or threat of release into the environment) and
CERCLA § 104(a)(3)(B) (limitations on response actions involving products which  are part of the
structure of and result in exposure within buildings). This modification does not apply to sites which may
include mercury contamination that is part of the building structure (see OSWER Directive 9360.3-12
"Response Actions at Sites with Contamination Inside Buildings, August 1993).

Background

       During the past year, several emergency removal actions for residential mercury contamination
have received headquarters concurrence, consistent with OSWER Directive 9360.3-12, "Response
Actions at Sites with Contamination Inside Buildings", August  12, 1993. This directive states that
"written concurrence must be received from Headquarters prior to formal approval of the Action
Memorandum by the Regional Administrator" (citing OSWER Directive 9360.0-19,  "Guidance on
Non-NPL Removal Actions Involving Nationally Significant

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or Precedent-Setting Issues", March 1989). In general, mercury removal actions were considered
nationally significant due to "within building" exposures and the need to determine whether such actions
were within the Agency's response authority. The regularity of headquarters concurrence on mercury
removals suggests that this review process is no longer necessary.

       During and immediately following issuance of OSWER Directive 9360.3-12, the Agency did
not have extensive experience with residential mercury contamination and the threats it posed. At that
time, implementing removal actions for residential mercury was unique and precedent-setting (e.g..
documenting a release/threat of release to the environment, methods of decontamination, disposing of
contaminated personal property). However, due to numerous successful mercury removals across the
Regions, we no longer consider such actions nationally significant or precedent-setting.

Implementation

       The formal headquarters concurrence requirement should be replaced by Regional notification
to Headquarters Regional Coordinator personnel. The notification process will allow the Regional
Coordinator to assist the Region with any questions they may have and facilitate discussions among the
Regions to ensure such actions are carried out consistently across the country.

       The purpose of achieving national consistency in the implemenation of the Superfund removal
program should not be diminished by the withdrawal of this formal concurrence requirement. Mercury
cleanups should continue to be approved only when a release or threatened release to the outdoor
environment is documented.

       Comments and questions should be directed to Jeffrey Phillips in the Region 5/7 Accelerated
Emergency Response Center, Office of Emergency and Remedial Response,  (703)603-9917, or other
members of the Emergency Response and Removal Team.

Attachment
(Emergency Response and Removal Team Contacts)

cc: Regional Removal Managers
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    Headquarter Emergency Response and Removal Team
                                 Contacts
                Region 1 	

                Region 2 	

                Region 3 	

                Region 4 	

                Region 5 	

                Region 6 	

                Region 7 	

                Region 8 	

                Region 9 	

                Region 10 ....
Art Johnson	

Terri Johnson	

RoxanaMero  	

Dan Thornton	

Kevin Mould	

Schatzi Fitz-James . .

Jeffrey Phillips	

Anne Spencer	

Richard Jeng	

Terry Eby	
..(703)603-8705

.. (703)603-8718

.. (703)603-9150

..(703)603-8811

..(703)603-8726

..(703)603-8887

..(703)603-9917

..(703)603-8716

..(703)603-8749

..(703)603-8741
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