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Round 2-11: Integrated Federal/State/Tribal Site Management Program

Reform Description
This reform brings together EPA and the States to develop a pilot program under which States, Territories, and Federally-recognized Tribes would oversee and compel PRP actions at selected NPL-caliber sites. The reform facilitates State empowerment and more effective cleanups by deferring sites from NPL listing and handing cleanup responsibilities to State or Tribal environmental agencies.

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Reform Status
check mark Implementation of this reform is complete.

EPA will continue with evaluation of an Office of the Inspector General review of Superfund deferral sites and determine appropriate follow-up actions.

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EPA has signed deferral agreements with 12 States (Colorado, Delaware, Idaho, Iowa, Kansas, Maryland, Michigan, New Mexico, North Carolina, Oklahoma, Washington, and Wyoming) covering 31 sites:
  • County Landfill, MD (Region 3)
  • Bata Shoe, MD (Region 3)
  • Bausch & Lomb, MD (Region 3)
  • Black and Decker, MD (Region 3)
  • North Carroll Shopping Plaza, MD (Region 3)
  • Scarboro Groundwater, MD (Region 3)
  • Harvey Landfill, DE (Region 3)
  • Healthways, Inc. (OU1), DE (Region 3)
  • Bridge and Iron Co. (OU1), DE (Region 3)
  • Willow Run Sludge Lagoon, MI (Region 5)
  • National Zinc, OK (Region 6)
  • Blackwell Zinc, OK (Region 6)
  • Terrero Mine, NM (Region 6)
  • Chino Mine, NM (Region 6)
  • General Motors (AC Rochester), IA (Region 7)
  • Gilbert & Mosley, KS (Region 7)
  • 4th and Carey, KS (Region 7)
  • Lakeside Hills, KS (Region 7)
  • Deluxe Specialties, KS (Region 7)
  • Scoular Grain, KS (Region 7)
  • Mid-Kansas City (Moundridge PWS), KS (Region 7)
  • Select Products (Hallmark Cards), KS (Region 7)
  • 13th and Washington (part of NIC), KS (Region 7)
  • 29th and Mead Ground Water Contamination (part of NIC), KS (Region 7)
  • South Hutchinson, KS (Region 7)
  • Neosho #2, KS (Region 7)
  • Ferris Haggerty, WY (Region 8)
  • Larimer County LF, CO (Region 8)
  • Smeltertown, CO (Region 8)
  • Washington Natural Gas, WA (Region 10)
  • Triumph Mine, ID (Region 10)

Twelve of these sites have completed the remedy selection phase. The Agency's Regional offices have also increased State participation through innovative site characterization cooperative agreements and additional funding for Tribes.

In May 1995, EPA issued final guidance on the deferral program (see Documents below). The deferral program allows EPA to defer listing considerations for NPL-caliber sites while States and Tribes initiate and oversee PRP responses.

In 1997, EPA's Office of the Inspector General, with support from OSRTI, initiated a review of Superfund deferral sites, including State deferrals. This report has been closed out.

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Success Stories
Deferral Agreements

The FY95 and FY96 EPA appropriations reports required EPA to obtain Governors' concurrence as a prerequisite to listing sites on the NPL. Along with the growing importance of State voluntary cleanup programs, this requirement reduced the importance and effectiveness of this reform. Yet as of July 1998, EPA has signed deferral agreements with 11 States, covering 30 sites. Remedies have been selected at 12 of the sites. [FY97 Success]

Under the governor letter policy EPA asks the state (or state agency, if delegated) for their views on placing a site on the NPL. Although EPA can list over a governor or state objection, this has only occurred once since the policy was developed in 1995. This policy of obtaining state support, and of developing workshare arrangements with states dividing sites among the agencies, has in effect superceded the state deferral reform. Although there may be an occasional specific referral to a state, this is pretty rare at this time. In summary, although the reform is still on the books, it is rarely used because the purpose has been met by other easier-to -implement options.

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Title: Guidance on Deferral of NPL Listing Determinations While States Oversee Response Actions
Date: May 3, 1995
Document #: EPA 540-F-95-002, OSWER 9375.6-11, NTIS PB95-963223
Synopsis: This final deferral guidance provides a framework for Regions, States, and Federally-recognized Tribes to determine the most appropriate, effective, and efficient means to address sites.

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