Potentially 

Responsible Party

Searches

Janet Youngdahl, Environmental

Protection Specialist

National Science and Technology

Center

Background

The Bureau of Land Management (BLM) is the lead agency

on BLM-managed lands to

implement the Comprehensive

Environmental Response, Compensation, and Liability Act

(CERCLA) of 1980 authorities

under Executive Orders 12580

and 13016. The National Contingency Plan (NCP) and

CERCLA require that the lead

agency pursue cost recovery of

funds spent for the study and/or

cleanup of a site with a release or

threat of a release of a hazardous

substance. It is also BLM policy

that where BLM has expended

such costs and that where a

viable Potentially Responsible

Party (PRP) exists, BLM shall

pursue recovery of the costs

spent by the BLM from the PRP.

BLM policy further requires that

where a PRP is identified prior

to BLM incurring costs for study

or cleanup of a site with a release

or threat of release of a hazardous

substance under CERCLA, that

the PRP be provided the opportunity to complete the site studies and cleanup action if in

BLM’s estimation the PRP is

technically and financially capable

of performing those actions.

Discussion

Any person who qualifies as a

PRP may be held liable for the

government’s costs for response

actions not inconsistent with the

NCP, which include the costs for

investigations, site monitoring,

sampling, alternatives evaluation, legal work, contractors,

personnel time, and equipment.

In order to implement Department of the Interior (DOI) policy

to aggressively pursue PRPs to

correct their contamination of

Public Lands and facilities,

and/or to recover the full costs

associated with a cleanup, it is

necessary to conduct a PRP

search to ascertain whether there

exist any viable PRPs from

whom to pursue cost recovery.

This search will determine the

identity and status of PRPs, as

well as develop the evidence of

liability that may be used in a

judicial or an administrative

action.

It is BLM policy that a PRP

search should be completed at

every site where BLM conducts a

response action, except when the

response action is being handled

as part of a criminal enforcement

measure, when the PRPs are

already known, or when there

are clearly no identifiable PRPs.

The latter case must be documented according to the guidelines that follow. A PRP search

should be initiated once the

decision is made by BLM that a

response action should be taken,

and none of the aforementioned

criteria applies. However, the

PRP search process may continue

throughout the cleanup stages.

In general, BLM uses a two-step

process in conducting PRP

searches. The steps are an initial

evaluation of the situation and

then if necessary, a more thorough, in-depth research of the

applicable records. The evaluation process consists primarily of

data collection and an initial title

search of the records. This PRP

search evaluation is a relatively

inexpensive effort to identify

PRPs at a site. These evaluations

generally consist of the following

activities:

• identifying the site with a

legal description/name

• collecting and compiling

records, including an initial

title search of the site

• referencing likely contaminants of concern and the

time frames in which they

were generated or disposed of

at the site 

• identifying current/past site

operators/owners at the

time when contaminants of

concern were used

• preparing a PRP search evaluation report

After this report is completed, it

should be reviewed and a decision should be made as to

whether additional work needs

to be conducted. If there are

NO. 57 DATE 01/07/02

Range

HazardousMaterials
significant data gaps or if PRPs

are identified then their financial

viability would need to be

researched. If no further work

needs to be performed then this

decision should be documented

for the files. If however, additional work is required, then a more

thorough PRP search should be

undertaken and should include

the following activities:

• collecting and compiling

additional records for review

• determining the history of

operations at the site

• developing a PRP

status/history update

• determining the financial

viability of the PRPs

• obtaining PRP addresses

• interviewing persons who

have knowledge of the site

operations

• preparing a final PRP search

report

PRP searches can be conducted

in-house by trained BLM staff,

or through the use of a contractor. Any person who conducts

these searches should have the

ability to search title information, review financial records,

and assess mining claim and

patent records. Additionally

these persons should have sufficient background in CERCLA

and other environmental laws to

make assessments of whether

parties are PRPs at a site and to

determine if waste is a hazardous

substance.

If a PRP search evaluation is

undertaken by a contractor it

can take up to 3 months to complete and cost anywhere between

$1,500 and $3,000. A more

complex, thorough search by a

contractor can take several

months and upwards of $10,000

to complete.

Contact

Janet Youngdahl

National Science and Technology

Center

Division of Science, Branch of

Environmental Compliance

Denver Federal Center

Building 50, PO Box 25047

Denver, CO 80225-0047

phone (303) 236-6282

fax (303) 236-3508

email Janet_Youngdahl@blm.gov

Range

Resource Notes are intended to be early

announcements of technical and informational topics for

Bureau of Land Management personnel and some of their customers.

Information in this Resource Note is based on the opinion and

experience of the author and has not been peer-reviewed. Conclusions

and opinions expressed herein do not

necessarily represent those of BLM. Use of trade names does not

imply U.S. Government endorsement of commercial products.

If you have received a copy of or found out about Resource

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NAME, TITLE, MAILING ADDRESS and a list of the two or three

subject areas that you are most interested in or that most directly

relate to your job. Send this information to Phil Dittberner, BLM,

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phil_dittberner@blm.gov or FAX 303-236-3508.

If you would like to prepare a Resource Note for

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