UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE

February 4, 1988

MEMORANDUM

SUBJECT:
Publication of RI/FS Timetables and Deadlines for Federal Facilities

FROM:
Chris Grundler, Directo
Federal Facilities Task Force

TO:
Waste Management Division Directors
Regions I-X

The purpose of this memo is to inform you of the approach we have decided to take regarding the publication of RI/FS schedules for Federal facilities. As you know, we held a conference call January 19 to discuss the SARA Section 120(e)(1) requirement that EPA and the state publish timetables and deadlines for the expeditious completion of NFL Federal facility RI/FSs. Following the call, an issues memorandum and draft model notice were distributed for comment.

The option focused on in the call and memo was to publish schedules in a local newspaper with the Region having the option of publishing generic schedules or site specific schedules. The publication date was scheduled for February 22, 1988 to coincide with the requirement that Federal facilities commence the RIfFS within 6 months of listing on the NFL.

Because of subsequent Regional comments, we have decided to take a different approach. Rather than publishing generic or site specific schedules on February 22, Regions can fulfill the l20(e)(1) requirement in the following ways:

1. Publishing a §120 Agreement containing the schedules.
   
   This is the preferred approach if the negotiations are proceeding at an acceptable pace to the Region and the State.
    
2. Publishing site-specific schedules with the State in the major local newspaper based on the authority of §120(e)(1).
   
   This approach should be used when negotiations are stalled, the facility is not interested in an agreement which is acceptable to EPA and the State, or EPA and the State do not agree with the schedule proposed by the facility. These schedules could be replaced by the schedules in a §l20 Agreement creating an incentive for the Federal agency to enter into the Agreement.
   
   A policy in support of this approach is under development. If you have any questions or comments, please call me at 475-9801 or Linda Southerland of my staff at 475-9808.