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CERCLA/SUPERFUND Orientation Manual

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CERCLA/SUPERFUND Orientation Manual United States Office of Solid Technology Innovation Office Environmental Protection Waste and EPA/542/R-92/005 Agency Emergency Response October 1992 CERCLA/SUPERFUND Orientation Manual Word-Searchable Version – Not a true copy EPA/542/R-92/005 October 1992 CERCLA /Superfund Orientation Manual U.S. Environmental Protection Agency Office of Solid Waste and Emergency Response Technology Innovation Office 401 M Street, SW. Washington, D.C. 20460 Word-searchable version – Not a true copy NOTICE Development of this document was funded by the United States Environmental Protection Agency. It has been subjected to the Agency!s review process and approved for publication as an EPA document. The policies and procedures set out in this document are intended solely for the guidance of response personnel. They are not intended, nor can they be relied upon, to create any rights, substantive or procedural, enforceable by any party in litigation with the United States. EPA officials may decide to follow this guidance, or to act at variance with these policies and procedures based on an analysis of specific site circumstances, and to change them at any time without public notice. Word-searchable version – Not a true copy FOREWORD In 1980 Congress passed a law called the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund. The law authorizes the Federal government to respond directly to releases, or threatened releases, of hazardous substances that may endanger public health, welfare or the environment. CERCLA also enables EPA to take legal action to force parties responsible for causing the contamination to clean up those sites or reimburse the Superfund for the costs of cleanup. If those responsible for site contamination cannot be found or are unwilling or unable to clean up a site, EPA can use monies from the Superfund to clean up a site. In 1986, CERCLA was updated and improved under the Superfund Amendments and Reauthorization Act (SARA). The Office of Solid Waste and Emergency Response (OSWER) has the responsibility for developing policy and implementing Superfund response activities. The OSWER is comprised of several offices. The Office of Emergency and Remedial Response (OERR) is responsible for national policy, regulations and guidelines for the control of hazardous waste sites and response to and prevention of oil and hazardous substance spills. The Office of Waste Programs Enforcement (OWPE) provides guidance and support for the implementation and enforcement of CERCLA, Resource Conservation Recovery Act (RCRA), Oil Pollution Act (OPA) and the Emergency Planning and Community Right-to Know Act (EPCRA). The Office of Solid Waste (OSW) is responsible for a management system for hazardous and solid waste. The Office of Underground Storage Tanks (OUST) is responsible for administering the Leaking Underground Storage Tank (LUST) Trust Fund. The LUST Trust Fund is available to States to help them dean up leaks from underground petroleum storage tanks provided that certain conditions for use of the fund have been met. The Superfund Revitalization Office´s (SRO) goals are to accelerate the pace of cleanup actions, improve contracts management, and communicate progress and build public confidence in the Superfund program. The Chemical Emergency Preparedness and Prevention Office (CEPPO) has responsibility for EPCRA, enacted as Title III of SARA and for the accidental release provisions for the Clean Air Act (CAA). The Technology Innovation Office (TIO) promotes the use of innovative treatment technologies to permanently cleanup contaminated sites in the Superfund, RCRA, and Underground Storage Tank programs. The "CERCLA/Superfund Orientation Manual" serves as a program orientation guide and reference document, and it is designed to assist EPA and State personnel involved with hazardous waste remediation, emergency response, and chemical and emergency preparedness. The Manual describes the organizational and operational components of the Superfund Program. As the Superfund Program enters its second decade, EPA is identifying and responding to long-term needs of the program. This process includes a program (Superfund 2000) to study the possible universe of sites, technologies, and opportunities for further integration with other EPA programs. EPA is also piloting a new plan, called the Superfund Accelerated Cleanup Model (SACM) designed to prioritize risk reduction and take remedial action in shorter timeframes and enable better communication of program accomplishments to the public. Word-searchable version – Not a true copy The Technology Innovation Office extends special thanks, and acknowledgments, to the individuals (listed on the following page) who assisted in the compilation of this material, reviewed the draft sections, and provided comments. Henry L. Longest II, Director /s/ Walter W. Kovalick, Jr., Ph.D., Director, /s/ Office of Emergency and Remedial Response Technology Innovation Office Timothy Fields, Jr., Director, /s/ Bruce M. Diamond, Director, /s/ Superfund Revitalization Office Office of Waste Programs Enforcement Word-searchable version – Not a true copy ACKNOWLEDGMENTS This manual was developed by the Technology Innovation Office of the Office of Solid Waste and Emergency Response (OSWER). Special thanks to the following individuals in EPA who reviewed the drafts and provided valuable comments: Technology Innovation Office (TIO) — Michael Forlini, Marlene Suit Office of Emergency and Remedial Response (OERR) — George Alderson, Joan Bames, Steve Caldwell, Rhea Cohen, Bruce Engelbert, James Fary, Janet Grubbs, Jeff Langholz, Marsha Lindsey, Tina Maragousis, Robert Myers, Paul Nadeau, Carolyn Offutt, Bruce Patoka, John Riley, Karen Sahatjian, Thomas Sheckells, Susan Sladek, Dana Stalcup, Richard Troast, Suzanne Wells Office of Waste Programs Enforcement (OWPE) -- Tracy Back, Kathryn Boyle, Frank Finamore, Julie Klaas, Bruce Kulpan, Alice Luddington, Betsy Smidinger, Cecilia Smith, Deborah Thomas Office of Solid Waste (OSW) — Anne Price Chemical Emergency Preparedness and Prevention Office (CEPPO) — Kimberly Jennings Office of General Counsel (OGC) — Charles Openchowski, Lawrence Starfield, and other OGC staff Office of Federal Facilities Enforcement (OFFE) — Sally Dalzell Region 10 – Judith Schwartz This document has been reviewed by the U.S. Environmental Protection Agency and approved for publication. Any trade names or commercial products are examples only and are not endorsed or recommended by the U.S. Environmental Protection Agency. For further information regarding this manual please contact: Michael Forlini Technology Innovation Office U.S. Environmental Protection Agency 401 M Street, SW. Washington, D.C. 20460 Word-searchable version – Not a true copy TABLE OF CONTENTS Section Title Page I. INTRODUCTION TO THE SUPERFUND PROGRAM .................. I-1 II. SUPERFUND LEGISLATIVE/REGULATORY FRAMEWORK .......... II-1 III. SUPERFUND PROCESS ...........................................III-1 IV. ENFORCEMENT PROGRAM ......................................IV-1 V. REMOVAL ACTIONS .............................................V-1 VI. SITE ASSESSMENT ..............................................VI-1 VII. REMEDIAL ACTIONS ........................................... VII-1 VIII. STATE AND INDIAN TRIBAL INVOLVEMENT .................... VIII-1 IX. FEDERAL FACILITIES ...........................................IX-1 X. COMMUNITY RELATIONS/PUBLIC PARTICIPATION ................ X-1 XI. MANAGEMENT AND TECHNICAL INFRASTRUCTURE ............. XI-1 XII. APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS XII-1 XIII. CERCLA’s RELATIONSHIP TO OTHER LEGISLATION ............ XIII-1 XIV. FUTURE DIRECTIONS OF THE SUPERFUND PROGRAM .......... XIV-1 Appendix A: Resource for Superfund Program Publications ......................A-1 Appendix B: EPA Organizational Charts .....................................B-1 Appendix C: EPA Regional Office Directory ..................................C-1 Appendix D: CERCLA/Superfund Program Acronyms ......................... D-1 Word-searchable version – Not a true copy i LIST OF EXHIBITS Number Title Page 1 The Superfund Process .............................................III-2 2 The Basic Enforcement Process ...................................... IV-5 3 Removal Actions by Type of Incident ..................................V-3 4 The Removal Process ..............................................V-10 5 The Site Assessment Process ........................................ VI-3 6 The Remedial Process ............................................ VII-3 7 RCRA and CERCLA: Different Approaches to a Common Goal ......... XIII-5 8 The Superfund Accelerated Cleanup Model (SACM) Process ........... XIV-4 Word-searchable version – Not a true copy ii SECTION I INTRODUCTION TO THE SUPERFUND PROGRAM C OVERVIEW C WHY WAS SUPERFUND NECESSARY? C WHAT MAKES SUPERFUND UNIQUE? C WHAT IS HAZARDOUS SUBSTANCE? – CERCLA Definition of a Hazardous substance, Pollutant, or Contaminant – RCRA Definition of Hazardous Waste – Other Hazardous Substances C HOW DOES SUPERFUND WORK? – Removal Actions – Remedial Actions – Enforcement Actions C WHO IS INVOLVED IN SUPERFUND? C WHERE IS THE SUPERFUND PROGRAM HEADED? – The 90-Day study – The Superfund Accelerated Cleanup Model Word-searchable version – Not a true copy SECTION I INTRODUCTION TO THE SUPERFUND PROGRAM OVERVIEW The purpose of the Superfund program is to address threats to human health or the environment resulting from releases
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