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                        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                    WASHINGTON,  B.C.  20460
                                         JAN 26 1996
                                                                     OFFICE OF
                                                                SOLID WASTE AND EMERGENCY
                                                                     RESPONSE
                                              OSWER Directive No. 9835,15c
         MEMORANDUM
         SUBJECT:
         FROM:
         TO:
Revised Policy on Performance of Rick Assessments
During*Remedial/Investigation/Feasibility Studies
 (RI/FS4 ConatJtfcfed btf potentially Responsible  Parties
                      'edtor
          Emergency (and Remedial Response
                                           >
Director, Office of Site Remediation  and Restoration
  Region I
Director, Emergency and Remedial Response  Division
  Region II        .
Director, Hazardous Waste Management  Division
  Regions III, IX
Director, Waste Management Division
  Region IV
Director, Superfund Division
  Regions V, VI, VII
Assistant Regional Administrator, Office of  Ecosystems
Protection and Remediation
  Region VIII
Director, Environmental Cleanup Office
  Region X
         Purpose
              As part of the recently announced administrative reforms to
         the Superfund program, the Administrator stated that EPA would
         reaffirm its commitment to "allow PRPs to conduct risk
         assessments under proper circumstances as part of the overall
         site study (RI/FS)."  This memorandum announces EPA's revised
         policy on allowing PRPs to conduct the risk assessment portion of
         the RI/FS.

         Background

              This supersedes the previous Directives issued on this
         subject: No,  9835.15 issued on August 28, 1990, which stated that
         EPA would perform all risk assessments as part of PRP RI/FSs; No.
         9835.15a issued on July 21, 1991, which gave guidance on risk-

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 related deliverables tnat EPA was to provide  PRPs  to  allow  them
 to complete the RI/FS;  and No.  9835.15b issued on  September 1,
 1993,  which gave EPA Regions the option of  allowing PRPs  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 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 RI/FS.

 New Policy

        EPA has determined that it will generally be  appropriate
 for PRPs to conduct the risk assessment at most 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 CERCLA which states that "no remedial investigation
 or feasibility study (Rl/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
     other sites and in particular whether  excessive  oversight
     and revisions  were necessary when  that PRP previously
     conducted a risk assessment;

 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/FS completion;
     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

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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 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.

     This administrative reform complements other reforms that
are designed to make the Superfund 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) 603-8822.
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

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