.
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
^ WASHINGTON, D.C. 20460
OFFICE OF
SOLID WASTE AND
EMERGENCY RESPONSE
SEP 0 4 2014 OSWERDirective9285.6-21
MEMORANDUM
SUBJECT: National Remedy Review Board Criteria Revision and Operational Changes
FROM: Robin H. Richardson, Acting Director
Office of Superfund Remediation and Technology Innovation
TO: Superfund National Policy Managers. Regions 1-10
PURPOSE
The purpose of this memorandum is to notify you of changes that are being made to the National
Remedy Review Board (NRRB) review threshold and other operational changes. Effective October 1,
2014, the NRRB will pilot a change to the dollar threshold for requiring a review of a Superfund
response action. Currently Superfund response actions costing greater than $25 million are subject to
NRRB review. The pilot, as developed by Superfund regional staff, will increase that cost trigger to $50
million and implement a regional remedy review process to evaluate response actions costing between
$25 million and $50 million. The increase to $50 million reflects inflation since ] 995 and will keep the
Board reviewing its target of 10 percent of the non-federal facility response actions each year. The
regional remedy review process will ensure that response actions, below the $50 million threshold, will
be reviewed for key considerations and possible referral to the NRRB. This change in dollar threshold
and regional remedy review process applies to National Priorities List (NPL) and non-NPL. including
Superfund Alternative Agreement, sites.
In addition to the pilot, this memorandum announces three other additional operational changes. AH
NRRB operational changes made or proposed to date are based on input from the regional Superfund
program.
BACKGROUND
The Board was established in 1995 as a Superfund Administrative Reform, ft was designed to help
control remedy costs and promote both consistent and cost-effective Superfund remedial decisions. The
Board consists of senior remedy experts from the regional Superfund program offices and several
headquarters offices who consider the risks posed by the site, quality and reasonableness of cost
Internet Address (URL) » http://www.epa.gov
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estimates and ensure sound decision making consistent with Comprehensive Environmental Response,
Compensation and Liability Act, the National Contingency Plan, and EPA guidance. The advisory
recommendations made by the NRRB and the regional responses are made available to the public on the
NRRB's web page.
Since 2011, the Office of Superfund Remediation and Technology Innovation (OSRTI) and the regional
Superfund programs have been working on streamlining the NRRB process. As part of the Integrated
Cleanup Initiative numerous operational changes have already been put in place, e.g. early consultation,
exemption requests and expanded opportunities for stakeholder and potentially responsible party (PRP)
input to the NRRB process.
The latest operational change includes a regional remedy review process pilot. Each region will establish
a Superfund regional remedy review team (RRRT) for assessing sites with the estimated cost of the most
likely response actions costing between $25 million and $50 million for possible review by the NRRB.
The RRRT will include senior Superfund staff and be independent of the site team. Response actions
costing over S50 million will automatically go for NRRB review.
RRRT's would perform a modified NRRB-like review. The RRRT would also review stakeholder
concerns and other site circumstances' to determine if a full NRRB review is warranted or recommend
to the Superfund Regional Division Director (SRDD) that a full NRRB review is not warranted. The
appropriate state and/or tribe would be consulted on the RRRT's review. The SRDD would inform the
OSRTI Office Director (OD) of the RRRT process, the rationale for why the site did not warrant NRRB
review, and of the state's or tribe's position(s). If the OSRTI OD disagrees with the regional assessment,
the response action may nonetheless go for NRRB review.
In addition to this pilot, other operational changes will also be implemented on or before October 1,
2014:
• Reduce the number of non-regional NRRB members
« Select a regional co-chair from the future Superfund lead region2
* Reduce the size of the site information package/revise the contents
IMPLEMENTATION
Effective October 1, 2014, the NRRB will pilot the review of proposed Superfund response actions that
are estimated to cost more than $50 million and the RRRT process. Sites from across all regions that
have projected response costs between $25 million and $50 million will be part of this RRRT
review. The pilot will start at the beginning of 1st quarter FY! 5 and be re-evaluated in 1st quarter
FY16. Adjustments will be made to the process as necessary. A final evaluation of the RRRT process
will be done in 1st quarter FY17. Full implementation will be decided by the OSRTI OD in consultation
with the SRDDs.
The NRRB will evaluate sites with an estimated cost greater than $50 million during the two year pilot
process unless a region refers a lower cost response action to the NRRB as a result of a RRRT review.
1 Criteria that may be considered include but are not limited to: heightened congressional, state, tribal, community or PRP
interest; novel cleanup approach; national consistency issues; type of media being addressed.
2 As of October 1, 2014, the future lead region will be Region 3.
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The two year RRRT pilot process will review proposed response actions in the $25 million to $50
million cost range.
If you have any further questions, please contact Amy Legare at 703-347-0124. She can also be reached
at \ i" •.>
cc:
Mathy Stanislaus, OSWER
Nitin Natarajan, OSWER
Barry Breen, OSWER
Reggie Cheatham, OSWER/OEM
Barnes Johnson, OSWER/ORCR
David Lloyd, OSWER/OBLR
Charlotte Bertrand, OSWER/FFRRO
Carolyn Hoskinson, OSWER/OUST
Cyndy Mackey, OECA/OSRE
David Kling, OECA/FFEO
John Michaud, OGC/SWERLO
OSRTI Managers
Superfund Regional Superfund Branch Chiefs, Regions 1-10
Lisa Price, Superfund Lead Region Coordinator, Region 6
NARPM Co-Chairs
Members National Remedy Review Board
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