Frequent Questions

What is the National Remedy Review Board (NRRB)?
Which sites will the Board review?
Will the Board review sites with Record of Decision (ROD) Amendments or Explanation of Significant Differences (ESD)?
Will the Board review sites with Final RODs following an Interim ROD?
Will the Board review proposed sediment actions that are also subject to HQ consultation or Contaminated Sediments Technical Advisory Group (CSTAG) review under Office of Solid Waste and Emergency Response (OSWER) Directive 9285.6-08 "Principles for Managing Contaminated Sediment Risks at Hazardous Waste Sites"?
How long does a typical Board review take?
Are the Board discussions open to the general public?
How do states and tribal governments participate in the reviews?
What is the role of contractors?
When is it appropriate to release Board memoranda and meeting support materials?
Where can I find information about other Board reviews?

1. What is the National Remedy Review Board (NRRB)?

In October 1995, the EPA Administrator announced a collection of initiatives designed to help control remedy costs and to promote consistent and cost-effective Superfund cleanup decisions. As one of these initiatives, the National Remedy Review Board (the Board) reviews proposed high cost cleanup decisions to help evaluate whether they are consistent with current law, regulations, and Agency policy and guidance.

The Board is a technical and policy review group made up of members that have experience with both regional and headquarters perspectives in the Superfund remedy selection process. Its members include senior managers and technical experts from each EPA region, as well as senior technical and policy experts from other EPA offices. These include

Office of Superfund Remediation and Technology Innovation (OSRTI),
Office of Research and Development,
Office of Radiation and Indoor Air,
Federal Facilities Restoration and Reuse Office,
Office of Site Remediation Enforcement, and
Office of General Counsel.

The Board is chaired by the Office of Superfund Remediation and Technology Innovation.

The Board generally meets quarterly to review proposed decisions that meet its cost-based review criteria. The product of the review is a memorandum sent from the Board to the appropriate regional decision maker that documents the Board recommendations about the proposed cleanup strategy. The Board review process allows full input from EPA regional site managers. EPA's site managers are asked to participate in all deliberations to ensure that the Board fully understands the circumstances that influence their proposals.

2. Which sites will the Board review?

Typically the Board reviews cleanup strategies before the Region releases the proposed plan for comment. The Board tries to accommodate regional preferences for scheduling reviews; however, the Board may not be able to meet all desired regional schedules. It is therefore imperative that site managers work closely with their Board representatives and regional management to schedule sites for review as soon as cost estimates trigger the review criteria below.

Both National Priorities List (NPL) and Non-NPL (e.g., Superfund Alternative) site actions are reviewed by the NRRB whenever the Agency expects the work to be done under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and in accordance with the National Contingency Plan (NCP) and other relevant guidance and when the general criteria are met. The Board reviews sites when EPA is directly responsible for the decision or has a concurrence role.

3. Will the Board review sites with ROD Amendments or ESDs?

Generally, the Board reviews proposed ROD amendments that trigger the review criteria where there is a change from the original remedial strategy (e.g., moving from a containment remedy to a treatment remedy).

Generally, the Board does not review ROD amendments that trigger the criteria if the cost increases result from circumstances that do not substantially affect the original remedial strategy (e.g., where the cost increase results from an unexpected increase in contaminated soil volume). However, the Region should consult with their Board representative to confirm whether review may be appropriate.

Generally, the Board does not review ROD amendments that save money. The Board usually does not review ESDs unless the Region believes the site would benefit by such a review.

4. Will the Board review sites with Final RODs following an Interim ROD?

The cost triggers in the review criteria are based on both the capital and the Operations and Maintenance (O&M) costs (total present worth). When the costs of a planned final ROD (following an interim ROD) exceed the trigger criteria and those costs are primarily driven by the O&M of the interim remedy (e.g., the plant is already constructed and the remaining costs are due to long term system operation), the site does not require Board review. In lieu of a Board review, the Region should conduct an optimization review that follows EPA guidance before the final remedy is selected.

Where there are new significant capital costs in addition to the O&M of this increment of the final ROD alone trigger the criteria, the Board will review the site.

5. Will the Board review proposed sediment actions that are also subject to HQ consultation or CSTAG review under OSWER Directive 9285.6-08 "Principles for Managing Contaminated Sediment Risks at Hazardous Waste Sites"?

Yes. As explained in OSWER Directive 9285.6-11, OSRTI Sediment Team and NRRB Coordination at Large Sediment Sites [PDF 116KB, 3 pages], issued on March 5, 2004, review of consultation memos by the OSRTI Sediment Team (for Tier 1 sites) and by the Contaminated Sediment Technical Advisory Group (for Tier 2 sites) will be coordinated with the NRRB so that only one set of comments is received by the Region at the time of the proposed plan. This is explained in more detail below.

Tier 1 Sites

For Tier 1 sites that will undergo a NRRB review, the Region should include a draft Tier 1 Consideration Memo in the site information package sent to the Board. A copy of the Consideration Memo should also be sent to the appropriate OSRTI regional coordinator and to the OSRTI Sediment Team leader. The OSRTI Sediment Team will review the Consideration Memo and the site package and provide comments to the chair of the NRRB prior to their meeting on the site in question. If the draft Proposed Plan is available, it should also be submitted to the OSRTI regional coordinator and the Sediment Team Leader at that time. If it is not available, it should be submitted as soon as it is drafted. The Sediment Team will not submit separate comments on the Consideration Memo to the Region.

As part of its response to the NRRB recommendations, the Region should include a revised Tier 1 Consideration Memo that addresses any comments made by the NRRB related to the issues covered by the Memo. If the NRRB chair and OSRTI Sediment Team leader believe that their comments were not appropriately addressed, and after consultation with the OSRTI Regional Branch Chief, the RPM may be asked to make additional revisions to the Consideration Memo.

Tier 2 Sites

It is anticipated that the proposed remedy for most of the large Tier 2 sites being reviewed by the Contaminated Sediment Technical Advisory Group (CSTAG) will also meet the requirements for review by the NRRB. When an RPM prepares the site package for the NRRB, the RPM should also prepare and submit to the NRRB and the CSTAG co-chairs a draft Tier 2 Consideration Memo. The memo should document how all 11 principles were considered in selecting the proposed remedy for the site and should normally be less than 20 pages. The CSTAG co-chairs will distribute the memo to the CSTAG members for their review. In order to avoid sending two sets of recommendations to the RPM, any CSTAG comments will be relayed to the Chair of the NRRB. At least two members of the CSTAG will attend the NRRB meeting (this can include NRRB members that are also CSTAG members) to offer assistance on site issues relative to the 11 principles.

6. How long does a typical Board review take?

Generally, the review process takes about eight weeks, from the time the Board receives the informational site package until it transmits to the Region its recommendations. Regions should consider this additional time in developing the site work plan and Superfund Comprehensive Accomplishments Plan (SCAP) targets. However, Regions should also be aware that, in a few cases, Board recommendations may delay site decisions while the regional decision makers consider and respond to the Board findings. Also, the Region should allow adequate time for preparation of a good site package. The average preparation time is generally one to two months.

7. Are the Board discussions open to the general public?

No. The meetings of the Board are pre-decisional, deliberative discussions and are not open to the general public. Because reviews should occur before the Region issues the proposed plan, the Agency is generally at an early stage in its decision making process when the Board meets to discuss the proposed action. The intent of this early Board review is to offer a critical discussion on key remedy selection and cost effectiveness issues before the Agency formalizes its position on a preferred cleanup strategy.

It is important to note that the Board process does not affect EPA's current procedures for soliciting public comment on proposed cleanup plans, which will usually occur shortly after Board review.

8. How do states and tribal governments participate in the reviews?

For each site, the site manager should invite state and appropriate tribal representatives to participate in the information-gathering phase. Typically, these representatives do not participate in the deliberative discussion which the Board normally limits to EPA personnel; however, they may be invited to participate for a portion of the deliberations where the site is a state/tribe-lead fund-financed decision or state/tribe-lead enforcement decision where the state or tribe seeks EPA concurrence. Otherwise, the Board generally limits its deliberative discussion to Agency personnel.

Regional staff should contact the state or tribal representative early in planning for the Board meeting to discuss the background and purpose of the Board, the structure of the reviews, and to explain how the state/tribe might best prepare for the meeting. At the meeting, the state/tribe is usually offered an opportunity to speak about technical issues important to them (approximately 10 to 15 minutes).

The Region should also offer the state or tribal representatives an opportunity to summarize in writing, 10 pages or less, any technical issues they believe are pertinent to the cleanup decision, including their recommended approach and rationale for their recommendation for site cleanup. The site manager should attach this summary to the site information package submitted to the Board four weeks before the meeting.

9. What is the role of contractors?

Generally, government contractors can help prepare presentation and package materials but do not participate in presentations or question and answer sessions at Board meetings.

10. When is it appropriate to release Board memoranda and meeting support materials?

The Agency considers the site-specific Board discussion materials, site names, and operable units under consideration to be deliberative and, where appropriate, enforcement confidential. Meeting participants do not discuss the reviews or site names for upcoming reviews with non-EPA staff. EPA staff should refer questions regarding the nature of the Board discussions and findings to the appropriate regional Board member or site manager.

The product of a Board review is typically a memorandum from the Board Chair to the appropriate regional division director. While the Agency strives to be as open as possible about Board reviews, in some cases it may be appropriate for the Region to withhold the Board's recommendations memorandum until the Region issues the proposed plan. At that point, the Region should place the memorandum in the appropriate site administrative record. The Region may release publicly its response to Board recommendations at its discretion, taking into account the internal, deliberative nature of the NRRB process.

11. Where can I find information about other Board reviews?

Site managers are encouraged to visit the NRRB Internet site at http://www.epa.gov/superfund/programs/nrrb/index.htm. This publicly accessible site contains basic information about the NRRB and its formation, criteria that triggers NRRB review, contact information for Board members, site-specific review memoranda, and regional responses to Board recommendations.

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