^'1!%. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
9 v x I A ~ O
v OFFICE OF
%, ~ • — SOLID WASTF. AND EMERGENCY
*{ 2007 RESPONSE
OSWER Directive 9200.0-57
MEMORANDUM
SUBJECT: Conducting Remedial Actions at Sites Deleted from the National Priorities List
FROM: Susan ParkefoMine, Assistant Administrator
TO: Superfund National Policy Managers, Regions 1-10
PURPOSE
This memorandum describes the approach of the Environmental Protection Agency
(EPA) to conduct remedial actions at sites that have been deleted from the National Priorities
List (NPL).
This document provides policy for use by EPA personnel. It is not a regulation and does
not create any legal obligations on any person or entity. Furthermore, this policy does not
change existing guidance or the National Oil and Hazardous Substances Pollution Contingency
Plan (NCP), EPA may apply this policy to the extent appropriate in light of site-specific facts
and may change this policy at any time.
BACKGROUND
Pursuant to the NCP, EPA may delete a site from the NPL when EPA determines that no
further response is appropriate. 40 CFR §300.425(e). Before deleting a site, EPA will provide
notice and an opportunity for comment, as well as obtain the concurrence of the state in which
the release was located. 40 CFR §300.425(e)(2),(4). On rare occasion, farther response action at
a site may be warranted to address a release or substantial threat of release into the environment
after the site has been deleted.
POLICY
This document sets forth EPA's general policy regarding remedial actions at sites that
have been deleted from the NPL. Because these sites already have gone through the listing
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process once, re-listing generally will not be necessary or appropriate before EPA can initiate, or
require, remedial action.
While a site must have been listed on the NPL at some point to be considered eligible for
Fund-financed remedial action1, Agency regulations make clear that remedial actions taken in
response to releases at sites deleted from the NPL are eligible for Fund-financing. 40 CFR
300.425(e)(3).2
Under the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), EPA has the option of re-listing a site in such circumstances. EPA, if it so elects,
may restore the deleted site to the NPL without rescoring the site under the Hazard Ranking
System. CERCLA 105(e); 40 CFR 300.425(e)(3).
Where EPA determines that additional remedial action is warranted at a deleted site, EPA
generally will not re-list the site on the NPL. In such circumstances, it is better to address the
release or threat of release directly. To do so, EPA may conduct additional remedial actions at
the deleted site itself using Fund monies or, alternatively, may take action against responsible
parties with which it has not settled or exercise reopeners available in any settlement agreements
with such parties.
To the extent circumstances indicate that re-listing is appropriate, the Agency may elect
to initiate restoration to the NPL. The decision to list any site on the NPL or restore any site to
the NPL remains at the discretion of the Assistant Administrator for the Office of Solid Waste
and Emergency Response. (See EPA Delegation Manual, Chapter 14 CERCLA, item #14-17
NPL).
For questions regarding this policy, please contact Elizabeth Southerland, Director of the
Assessment and Remediation Division in OSWER's Office of Superfund Remediation and
Technology Innovation at 703-603-8855.
cc: Jim Woolford, OSRTI, Director
OSRTI Managers
John Reeder, FFRRO
Debbie Dietrich, OEM
David Lloyd, OBCR
Susan Bromm, OSRE
Dave Kling, FFEO
Mary Kay Lynch, OGC
Joanne Marinelli, Superfund Lead Region Coordinator, Region 3
1 Section 300.425(b)(1) provides that "[o]nly those releases included on the NPL shall be considered eligible for
Fund-financed remedial action."
2 Section 300.425(e)(3) of the NCP provides, in pertinent part, "[a]ll releases deleted from the NPL are eligible for
further Fund-financed remedial actions should future conditions warrant such action."
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