EP 1110-3-8
9 Apr 04
exceptions, however, to this general rule, as in the following situations where postdecision
documents may be added to the Record:
a. Where a decision document does not address, or reserves for consideration at a later
date, a portion of the decision. For example, a decision document may not resolve the type of
treatment technology. In such cases, the PM should continue to add to the Record file
documents which form the basis for the unaddressed or reserved portion of the decision.
b. Where there is a significant change in the selected response action. Changes that result
in a significant difference to a basic feature of the selected response action with respect to scope,
performance, or cost may be addressed in an explanation of significant differences.
c. Where the changes are so significant that they fundamentally alter the very nature or
basis of the overall response action. Such changes will require an amended decision document.
NOTE: The public participation requirements relative to the two methods, presented in b and c
above, for dealing with post-ROD/DD changes (i.e., changes after the ROD/DD has been signed)
in the remedy selection (see appendix A of EPA 540-k-01-003 for a detailed discussion of these
requirements) mirror the public participation requirements relative to pre-ROD/DD changes (i.e.,
changes after publication of the Proposed Plan but before the ROD/DD is signed) in the remedy
selection, with the exception that the question as to whether or not the changes could have been
reasonably anticipated by the public is not a factor with respect to post-ROD/DD changes. For
example, pre-ROD/DD changes that could have been reasonably anticipated by the public can be
discussed in the ROD/DD and the Proposed Plan does not need revision, just as post-ROD/DD
changes, given the circumstances indicated in b above, can be dealt with in an explanation of
significant differences and the ROD/DD does not have to be amended. Likewise, just as pre-
ROD/DD changes that could not have been reasonably anticipated by the public require that the
Proposed Plan be revised and a second 30-day public comment period be provided, so post-
ROD/DD changes, given the circumstances indicated in c above, require that the ROD/DD be
amended and a 30-day public comment period be provided.
d. Where comments containing significant information are submitted by interested
persons after the close of the public comment period. The PM must consider such comments
only to the extent that they contain significant information not contained elsewhere in the Record
file which could not have been submitted during the public comment period and which
substantially support the need to significantly alter the response action.
e. Where the Army holds public comment periods after the selection of the response
action.
4-13. Public Availability.
4-11
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