USITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C>
EPA 54Q-F-99-Q25
OSWER '9340.1-02
JAM 2 6 1996
CFFICE OF
SOLID WV5TK KtJD
RESPONSE
TO;
Purpose
Revised Policy on Performance of Risk Assessments
-, Rero©4iallAVscigation/Fee ^ibility Studies
otential;/ responsible parties
eat or
_ ,nd Remedial Response
Director, office of Site Remediation arid Restoration
Region I
Director, Emergency and Remedial Response Division
Region II
Director, Hazardous Waste Management Division
Regions Iij, ix
Director, Waste Management Division
Region IV
Director, Super fund Divj.ti.i.^1
Regions V, VI, VII
Assistant Regional Administrator, Office of Ecosystems
Protection and Remediation
Region VIII
Director, Environmental Cleanup Office
Region X
part of the recently announced administrative reforms to
'the 3uperfund-programr the' MmifiiBtrator* Stated- thfrt-'lEwt- -would
reaffirm its conmitment to "allow £RPa to conduct risk
aasessments undd^ proper circumston,ces aw part of the overall
site study (SU/PS).- This memorandum announces EPA' B revised
policy on allowing FRPs to conduct the risk aasesflneat portion of
the
This supersede a the previous Directives issued on this
subject; No. 9835.15 issued on August 28, 1990, which stated that
EPA would perform all risk asoeasroentB as part o£ PRP RI/FSs; No.
9.83 5. 15a issued on July 21, 1991, which gave guidance on risk**
-------
related deliverables tuat EPA was to provide PRPs to allow them
to .complete the RI/FS; and No. 983S,15b issued on September 1,
1993, which gave EPA Regions the option of allowing PRPs to
perform tv.e risk assessuent under certain specified conditions.
Since issuing the 1993 Directive, PRPs have been a3lowed to
perform the ^.^.^k assessment at most sites. ' The'Agency'i/•
experience rfith these risk assessments has shown,that with
•Appropriate oversight, PRPs can perform acceptable risk
-Assessments. EPA has found that letting the PRPs perform the
baseline risk assessment can be the most effective and efficient
way to complete the -J?T/ES.
New Policy
EPA has determined that it will generally1 be appropriate
for PRPs to conduct the risk assessment at most sites, subject to
ademiate EPA oversight. "EPA maintains its rights not to let PRPs
perform the risk assessment in certain circumstance under section
104 (a) (1) of CERCLA which states that "ho remedial investigation
or feasibility study (RI/FS) shall be authorized except on a
determination by the President that the party is qualified to
conduct the RI/FS."
Although this new policy does not require a Headquarters
Consultation, the Regions should continue to consider the six
criteria presented in Directive No. 9835.15b, and listed below
(slightly modified), when deciding whether, or not to allow the
PRPs to perform the risk assessment:
o EPA's prior experience with the requesting PRPs at this or
w.i.ner sites and in particular wh.ei.ner excessive oversight
and revisions were necessary when that PRP previously
conducted a risk assessment;
t
o PRP or PRP contractor's experience in conducting acceptable
human health and ecological risk assessments at Superfund
sites;
o PRP or PRP contractor's willingness to follow current
Superfund risk assessment processes and guidances;
o PRP or PRP contractor's demonstrated ability to submit data
to EPA in the proper format;
o Available EPA resources and schedule for RI/PS coihpletion;
and
o Level of public concern at the site.
We anticipate that there may be some sites where EPA will
not allow the PRP, to perform the risk assessment based on an
evaluation of these six criteria. If any Region wishes to
-------
consult with HQ on making such a determination using these
criteria, they may consult with David Bennett, OERR Senior
Process Manager for Risk at (703) 603-8800. •
Regions may amend existing RI/FS Consent Orders to allow
PRPs to conduct the risk assessment as long as this will not
significantly delay completing the RI/FS.
j This administrative reform complements other reforms that
•'."jtre designed to make the 'Superfund program faster, fairer, and
more efficient. Under another reform, EPA is exploring ways to
reduce oversight of PKPs^ that have performed high quality work
and have cooperated with EPA throughout the cleanup process.
Further Information
If you have ^ny questions about this policy, please contact
Stephen Ells at (703) 6U3-8822.
NOTICE: The policies set out in this memorandum are intended
solely as guidance. They are not intended, nor can they be
relied upon, to create any rights enforceable by any party in
litigation with' the United States. EPA officials may decide to
follow the guidance provided in this memorandum, or to act at
variance with the guidance, based on analysis of specific site
circumstances. The Agency also reserves the right to change this
guidance at any time without public notice.
cc: Regional Superfund Branch Chiefs
Regional Superfund Toxics Integration Coordinators
Regional Biological Technical Assistance Group Coordinators
------- |