UNITED STATES EtTVIRQHMEKTftl,
WASHINGTON, D.C. 20460
ASSKCX
JAN 26 J99S
OFFICE OF
WASTE AMD EMERGENCY
SUBJECT:
FROM:
TO:
Purpose
QSWER Directive No. 9340.1-02'
Revised Policy on Performance of Risk
During Remedial Imjestigation/Feasibility Studies
(Rl/FS) /fcondu9£§fiJJ:>i> Pof^i^ally Responsible Parties
ergency and uKemedial Response
Ditector, Office of Site Remediation and Restoration
Region I
Director, Emergency and Remedial Response Division
Region II
Director, Hazardous' Waste Management Division
Regions III, IK
Director, Waste Management Division
Region IV
Director, Superfund Division
Regions V, VI, VII
Assistant Regional Administrator, Office of Ecosystems
Protection and Remediation
Region vm
Director, Environmental' Cleanup Office
Region X
As part of the recently Announced administrative reforms to
the Superfund program, the Administrator stated that EPA would
reaffirm its commitment to nallow PRPs to conduct risk
assessments under proper circumstances as part of the overall
site study (RI/FS)," This memorandum announces EPA's revised
policy en allowing PRPs to conduct the risk assessment portion of
the RI/FS.
Background
This supersedes ths previous Directives issued on this
subject: No, 9335.15 issued on August 28, 1990, which stated that
EPA would perform all risk assessments as part of PRP RI/FSs; No*
9335r15a issued on July 21, 1991, which gave guidance on
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related deli tferab3.es that EPA was to provide PRPs to allow them
to complete the RI/FS; and Mo, i835,15b issued on 1,
1993, which gave. EPA Regions 'the option of allowing ?RPs to
perform the risk assessment under certain, specified conditions .
Since issuing the 1993 Directive, PRPs have been allowed to
perform the risk assessment at most sites* The Agency's
experience with these risJc 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 b& the most effective and efficient
way to complete the RI/FS.
Policy
EPA has determined that it will generally be appropriate
for PRPs to conduct the xisk assessment at mo&t sites, subject to
adequate EPA oversight. EPA maintains its rights not to. let PRPs
perform the risk assessment in certain circumstance under section
104 (a) (1) of CERC1A which fit ate s that -Irno remedial investigation
or feasibility stuc!y (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
to perform the risk assessment;
o EPA1 s prior experience with the requesting PRPs at this Q£
other sites and in particular whether excessive oversight
and revisions were necessary whsn that PRP previously
conducted a risk assessment;
0 PRP or PRP contractor's experience in conducting acceptable-
human health and ecological risk assessments at Sype^fund
sites?
o PRP or PEP contractor's willingness to follow current
Super fund risk assessment processes and guidances-;
o PRP or PRP contractor's demonstrated ability to submit data
to EPA in the proper format;
o Available iPA resources and schedule for RI/FS completion;
and
\
o Lewel of public concern at the site.
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
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consult with HQ on making such a determination using these
criteria/ they may consult with David Bennett/ OERR Senior
Process Manager- fox Risk at {703} 603-8900.
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/FE.
This administrative reform complements other reforms that
are designed to niakie- the Super fund, program, faster, fairer, and
more efficient,. Under another reform, EPA is exploring ways to
reduce oversight of PRPs that have performed high quality work
and have cooperated with EPA throughout the cleanup process,
Further Information
If you have any questions about this policy, please contact
Stephen'Ells at (703} 603^8322.
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 patty 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
guidance at any time without public notice.
Regional Superfund Branch Chiefs
Regional Superfund Toxics Tntegration .Coordinators
Regional Biological Technical Assistance Group Coordinators
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