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PA EPA ISSUES TWO NEW GUIDANCES UNDER S.FUND ADMIN. REFORMS

Release Date: 08/16/96
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PA EPA ISSUES TWO NEW GUIDANCES UNDER S.FUND ADMIN. REFORMS

FRIDAY, AUGUST 16, 1996

EPA ISSUES TWO NEW GUIDANCES UNDER
SUPERFUND ADMINISTRATIVE REFORMS INITIATIVE

On July 31, EPA issued new guidance on reducing federal oversight at Superfund sites with cooperative and capable parties. This guidance was announced as part of the Superfund Administrative Reform Initiative in October 1995. This guidance is intended to encourage and reward cooperative parties by reducing EPA oversight activities at sites where quality work is being performed by the responsible parties. This guidance will help EPA regional offices identify sites where parties have been cooperative and where reduced oversight is appropriate and can be implemented without sacrificing the quality of site characterization and cleanup. This guidance also lists examples of oversight activities that can be modified or reduced as appropriate for the site. EPA's overall goal is for a 25 percent reduction in oversight costs over the next year at approximately 100 sites, which were identified by the regional offices. On Aug. 2, EPA issued new guidance on Unilateral Administrative Orders (UAOs), also part of the Superfund Administrative Reform Initiative, is intended to promote fairness and minimize transaction costs. The guidance establishes procedures for documenting reasons that certain potential responsible parties are excluded from CERCLA section 106 enforcement activities. It also establishes procedures not to issue UAOs to late-identified potential responsible parties, those who are identified after others assume the obligation to conduct the response action. UAOs are most commonly used to order potentially responsible parties to conduct cleanup activities when negotiations fail. UAOs are enforcement tools that EPA uses to help achieve private party response. Potential responsible parties may face statutory penalties of $25,000 per day if they do not comply with the terms of the UAO. Copies of these memorandums can be obtained by calling the RCRA/Superfund Hotline at 1-800-424-9346 or
703-412-9810.

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