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Superfund Remedy and Non-Time Critical Removal Action (NTCRA) Decision Documentation

This page provides links to standard guidance for documenting remedial and non-time-critical removal action decisions, as well as provides quality document examples that clearly document selected remedies and corresponding decisions that are consistent with CERCLA, the NCP, and EPA guidance.

Remedial Decisions

Search for Superfund Records of Decision

Quality Document Examples (ROD of the Year Contest)

The decision documents addressed by this guidance are the Proposed Plan, the Records of Decision (ROD), the Explanation of Significant Differences (ESD), and the ROD Amendment. Section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), requires the issuance of decision documents for remedial actions taken pursuant to Sections 104, 106, 120, and 122. Sections 300.430(f)(2), 300.430(f)(4) and 300.435(c)(2) of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establish the regulatory requirements for these decision documents. This guidance document provides additional guidelines and is based upon the Superfund statute and regulations.

This document provides Remedial Project Managers (RPMs) with a resource to help improve the public transparency and understanding of Superfund Records of Decisions (RODs). It provides suggestions on means to convey information graphically and visually in a ROD or in a separate outreach document and is designed to be viewed electronically. The format allows the reader to zoom into the detail presented in the color grahics. The resource document may be used for federal and non-federal Superfund decision documents.

Provides guidance and sample language for Superfund Records of Decision (RODs) concerning ground water. Major subject areas covered include: attainment of remediation goals, contingency measures, ARAR waivers, and interim actions.

Transmits EPA's next step towards a paper-less office by requiring all decision document copies be forwarded to Headquarters in electronic (PDF) format.

Describes the background of responsiveness summaries and outlines a new format intended to provide summaries that can deal thoroughly with complicated legal and technical issues while maintaining true responsiveness to local communities.

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Non-Time-Critical Removal Action Decisions

This document updates and replaces the “Superfund Removal Procedures Action Memorandum Guidance,” Office of Solid Waste and Emergency Response (OSWER) Directive 9360.3-01, dated December 1990, as amended by OSWER Directive 9360.0-42, Amendment to the Action Memorandum Guidance and Removal Cost Management System to Address Calculation of Removal Action Project Ceilings” dated November 5, 2001. This update supersedes the previous document and brings the guidance up-to-date.

It also updates and replaces Directive 9360.0-19, dated March 3, 1989, “Guidance on Non-NPL Removal Actions Involving Nationally Significant or Precedent Setting Issues.” That guidance is covered in a separate section within this guidance.

Superseded Documents

1 This Document Supersedes all of the Following:

"Guide to Addressing Pre-ROD and Post-ROD Changes" (April 1991) OSWER 9355.3-02FS-4

"Guide to Developing Superfund No Action, Interim Action, and Contingency Remedy RODs" (April 1991) OSWER 9355.3-02FS-3

"A Guide to Developing Superfund Records of Decision" (May 1990) OSWER 9335.3-02FS-1

"A Guide to Developing Superfund Proposed Plans" (May 1990) OSWER 9335.3-02FS-2

"Guidance on Preparing Superfund Decision Documents: The Proposed Plan, The Records of Decision, Explanation of Significant Differences, The Records of Decision Amendment: Interim Final" (July 1989; October 1989) EPA/540/G-89/007

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