EPA/540/P-91/013
                                  Publication 9246.0-05
                                  August 1991
Guidance On Site Assessment
   Cooperative Agreements
Office of Emergency and Remedial Response
   U.S. Environmental Protection Agency
        Washington, DC 20460
                                Printed on Recycled Paper

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To obtain additional copies of this document contact:

                   National Technical Information Service (NTIS)
                   U.S. Department of Commerce
                   5285 Port Royal Road
                   Springfield, VA  22161
                   (703) 487-4600
                                   NOTICE
The policies and procedures set forth here are intended as guidance to Agency and other
government employees. They do not constitute rulemaking by the Agency, and may not
be relied on to create a substantive or procedural right enforceable by any other person.
The government may take action that is at variance with the policies and procedures in
this manual.

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                               CONTENTS
                                                                   PAGE
1.0    INTRODUCTION	 .		  1

      1.1   Generic SMOA Language Pertaining to Site
            Assessment Activities	 .	 .	  1

2.0    GENERIC QUARTERLY REPORT FORMAT  	  3

      2.1   Cover Letter	  3
      2.2   Summary of Quarterly Progress		  3
      2.3   Summary of Cumulative  Effort	 . .	  3
      2.4   Summary of Remaining Effort	  3
      2.5   Sites Added or Deleted	  3
      2.6   Anticipated Activity	  3

3.0    GENERIC SITE ASSESSMENT COOPERATIVE
      AGREEMENT APPLICATION PACKAGE	  4

      3.1   Cover Letter		  4
      3.2   Table of Contents	  4
      3.3   Intergovernmental Review	  4
      3.4   Substantive Provisions	  4
      3.5   Health and Safety Plan	  8
      3.6   Quality Assurance Plan	 .  .	  8


APPENDICES

Appendix A: Supplementary Material for Generic Language
           Pertaining to Site Assessment Activities  	  9
                                   in

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                                CONTENTS
                                (Continued)
                                                                     PAGE
Appendix B: Supplementary Material for Generic Site
           Assessment Cooperative Agreement Application	  10
           Package


      Sample Letter for Initiation of Intergovernmental Review  	  10

      Sample "Application for Federal Assistance" (SF 424)	  12

      Sample Budget Sheets (SF 424A)  	  13

      Sample Background Discussion	  15

      Sample Schedule of Deliverables	  16

      Sample Preliminary Assessment Description	  17

      Sample Average  Preliminary Assessment Costs Per Site by
      Object Class Category	  19

      Sample Total Preliminary Assessment Costs by
      Object Class Category		  20

      Sample Budget Summary for All Site Assessment Activities by
      Object Class Category . . . •	  21

      Sample Overall Budget Summary by Site Assessment Activity	  22

      Sample Preliminary Assessment Work Plan	  23

      Sample Screening Site Inspection Work Plan 	  24

      Sample Form 5700-49	.'	  26

      Sample Form 5700-48	  27


                                    iv

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                          CONTENTS
                          (Continued)
                                                              PAGE
Sample Provisions Required for Site Assessment
Cooperative Agreements	  28

Sample General Provisions and Assurances	  29

Sample Special Conditions  . . .	•.	  32

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1.0    INTRODUCTION

    The  guidance on  site assessment cooperative
agreement   presents   generic   SMOA  language
pertaining to Site Assessment activities,  a  generic
quarterly report format, and generic site assessment
cooperative  agreement  application package.   In
addition, the appendices provide additional sample
schedules, forms, and letters  for developing a site
assessment cooperative agreement.

1.1 Generic SMOA Language Pertaining to Site
    Assessment Activities

    The  [state department or agency] will conduct
site assessment activities that will  include [list  the
specific site assessment activities that the state will
perform].  The [state department or agency] will be
the lead agency for these activities, except where
agreed otherwise for specific sites.

    At  the  annual  planning  meeting, the [state
department or agency] and EPA will determine and
mutually agree upon the number of site assessment
activities  that  will  be completed  utilizing state
resources.   The  determination  of these  numbers
should occur prior to the Regional Office's receipt of
final  Superfund  Comprehensive Accomplishments
Plan (SCAP) targets from EPA Headquarters.  In
addition, funding for site assessment activities will be
provided by EPA to the [state department or agency]
through a Site Assessment Cooperative Agreement
(SACA).   In order for the  [state  department or
agency] to receive this funding, the  [state department
or agency] must prepare a SACA application package
and have it reviewed and approved  by EPA.

    The [state department or agency] will complete
site assessment activities  at sites  identified in  the
SACA and will submit the appropriate reports (e.g.,
a Preliminary Assessment (PA) report, a  Screening
Site Inspection (SSI) report, etc.) to EPA for review
and approval.  A  list of EPA review times for these
reports is presented below  in Table 1.

    Site assessment activities will  be performed in
accordance with the Scope of Work  (SOW) contained
in the SACA.  The identification  of new  sites or
changes  to  the  list  of  sites designated for site
assessment activities that is included in the  original
SACA must be approved by EPA.
    The  [state department  or  agency]  will submit
quarterly reports  to  EPA in accordance with  the
provisions contained in the SACA and EPA's PA/SI
State  Cooperative Agreement  Guidance.   These
quarterly reports  should  include  a summary of
activities performed and expenses incurred during the
reporting period and an estimate of the time and funds
needed to complete the work required.  See Table 1
for timeframes for EPA review.

    The [state department or agency] and EPA agree
to work  together  to ensure that  sites requiring site
assessment activities are addressed as expeditiously as
possible.  If the [state department or agency]  falls
behind in its  accomplishments as established under
the SACA, EPA, in consultation with the state,  may
initiate site assessment activities at state-lead sites to
assist  the  [state   department  or   agency]  in
accomplishing the site assessment activities.

    The [state department or agency] will be provided
an opportunity to supply written comments on all
completed EPA-lead Sis and Hazard Ranking System
(HRS) scoring packages. While EPA will determine
whether  to list or delete a site  from the National
Priorities List (NPL), the Agency will  consult  with
the  [state  department  or  agency]  prior  to  the
nomination of sites  for the NPL and  the [state
department or agency] must concur on each deletion
from the NPL.

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                                      Table 1
                          Documents Provided by State
Documents Provided by State
PA Reports
Draft SSI & ESI Workplans
SSI/ESI Reports
HRS Scoring Packages
Type of EPA Review
  Review/Comment
  Review/Comment
  Review/Comment
Review/Consultation
Timeframe (Working Days)
        10 Days
        20 Days
        30 Days
        20 Days

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2.0    GENERIC QUARTERLY REPORT
        FORMAT

2.1  Cover Letter

    The cover letter should include a brief summary
of  the  tasks and  activities  performed during  the
current  reporting  period.   A  general discussiori
concerning an estimate of the time and funds needed
to complete the work required in the CA should also
be provided.   If this is greater than the amount of
time  and  funds  remaining, there  must  be  a
justification for any increase.

2.2  Summary of  Quarterly Progress

    This section should provide a narrative describing
the progress made during the current reporting period.
This discussion should include a description of the
work accomplished during the reporting period, an
explanation of delays or other problems, if any, and
a  description  of the  corrective  measures, that  are
planned. This  section should also include a list of
site-specific products completed during the reporting
period,  with an  estimate of the technical hours
required to complete each product.  A sample format
for the presentation  of  this site-specific product
information is presented in Appendix A. Appendix A
includes information for Preliminary Assessments and
Site Inspections; if additional site assessment activities
were conducted, information on these activities should
also be  provided.   (Required  by  40 CFR Part 35 -
Subpart O,  §35.6650(b)(l»

2.3 Summary of  Cumulative Effort

    This section   should include  information  that
provides a comparison of the percentage of the project
completed to the  project  schedule contained in the
CA. An explanation of any significant discrepancies
should be provided. This  section should also provide
a comparison of the estimated funds spent to date to
the planned expenditures for these activities.  Again,
an explanation of any significant discrepancies should
be  included.   (Required by 40 CFR Part 35 -
Subpart O,  §35.6650(b)(2), (3))

2.4 Summary of  Remaining Effort

    In  this  section,  the state  should provide an
estimate of the time and funds needed to complete the
remaining site assessment activities required by the
CA.  This estimate should be compared to an estimate
of the time and funds remaining, and a justification
for any  necessary  increases  should be  provided.
(Required  by  40  CFR Part  35  -  Subpart  O,
§35.6650(b)(4))

2.5  Sites Added or Deleted

    This section should list any sites that  may have
been added to or  deleted from  the  list of sites
contained in  the  CA during  the  current reporting
period,  and should explain the reasons  for their
addition or deletion in a footnote at the bottom of the
page.

2.6  Anticipated Activity

    This  final narrative  section  should provide
projected activity and report  completion  dates for
pending site assessment activities during the next two
quarters, if these dates  have changed from  those
indicated in the CA.

    See Appendix A for supplementary materials to
this section.

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 3.0    GENERIC  SITE  ASSESSMENT
         COOPERATIVE    AGREEMENT
         APPLICATION  PACKAGE

     The following documents, forms, and information
 should  be included as  part  of the Cooperative
 Agreement  (CA)   application  package  for  site
 assessment  activities  under  the  Comprehensive
 Environmental Response, Compensation, and Liability
 Act (CERCLA).  All site assessment CA application
 packages submitted by states  and Indian Tribes must
 comply  with the applicable requirements of 40 CFR
 Part .31  ("Uniform Administrative Requirements for
 Grants and Cooperative Agreements  to State  and
 Local Governments"), 40 CFR Part 35  -Subpart O
 ("Cooperative  Agreements   and  Superfund  State
 Contracts for Superfund Response Actions"), Office
 of Management and Budget (OMB) Circular A-102,
 and  any  other  applicable  federal regulation  or
 requirements.

 3.1  Cover Letter

    The cover letter for the CA  package should
 provide  the name of the state, the date upon which
 the  application was  submitted,  and  the  name,
 telephone  number,  and  address  of  the  contact
 person(s) for the state.  The cover letter should also
 indicate whether the application is for the approval of
 a  new CA, the renewal of an existing CA, or the
 revision  of an existing CA. The cover letter for the
 CA package should be directed to  the appropriate
 Regional Administrator.

'3.2  Table of Contents

    The  table of contents should provide, in outline
 format, the subject and page number for the various
 provisions and other documents that comprise the CA
 application package.

 3.3  Intergovernmental Review

    A state shall seek approval for  site assessment
 work before completing  an "Application for Federal
 Assistance" (Standard Form (SF) 424)  by using the
 intergovernmental review procedure.  This procedure,
 conducted between the designated state agency and
local  governments,  serves   to  ensure   both  the
responsiveness of federal, state, and local government
agencies  to  one  another  and  to  facilitate  site
 asspssment work once a CA has been approved. On
 April 8, 1985, EPA published a notice in the Federal
 Register  (50 FR 13873)  announcing the revised
 intergovernmental   review  procedure  for   site
 assessment activities ("Procedures for Implementing
 Intergovernmental Review"). The state should notify
 the state intergovernmental review point of contact by
 letter to  explain  the nature of the  proposed  site
 assessment activities and the scope of the program.
 The  state should notify the state intergovernmental
 review point of contact at least one quarter prior to
 the  anticipated  initiation  of  the   planned   site
 assessment activities.  A copy of this communication
 and any other corresponding intergovernmental review
 comments should be included in the subsequent CA
 application package.  Indian Tribes are exempt from
 having  to  meet  these  intergovernmental  review
 requirements. Appendix  B provides a sample letter
 for a state to initiate  intergovernmental review.

 3.4  Substantive Provisions

 3.4.1.  Application for Federal Assistance

    The state  must  include an "Application  for
 Federal Assistance"  (SF  424)  for non-construction
 programs in the CA application package. This form
 requires information such  as the legal name and
 address  of  the  applicant,  the  estimated   funding
 requirements  for  the  activities proposed  by  the
 applicant,  and  other  administrative  information.
 General instructions for completing the SF 424  are
 included with the application. See Appendix B for a
 sample   "Application  for  Federal  Assistance."
 (Required by  40 CFR  Part  35 -  Subpart  O,
 §35.605S(a))

 3.4.2.  Budget Sheets

    A standardized budget summary, entitled "Budget
 Information-Non-Construction Programs" (SF424A),
 should  immediately  follow SF 424  in the  CA
 application package.  SF 424A requires information
 on the state's plans for allocating the authorized funds
 among the various  site assessment activities.  These
 site assessment activities  may  include Preliminary
Assessments (PAs), Screening Site Inspections (SSIs),
Expanded Site  Inspections  (ESIs), preparation  of
 Hazard  Ranking System  (HRS)  scoring packages,
 training, and  management  assistance review  of
contractor documents  (i.e., state review  of contractor

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documents).   This budget  information  should be
broken down by site assessment activity and object
class category (e.g., personnel, fringe benefits, travel,
equipment).  A  sample SF 424A is included in
Appendix B.   (Required by 40  CFR  Part 35 -
Subpart O, §35.6055(a)(l))

3.4.3. Project Narrative Statement

    The project narrative statement is the core of the
CA  application  package,  and  should  include  a
background section, a schedule of deliverables, a list
of  sites at which site assessment  activities are
planned, and a Statement of Work (SOW),  which
includes detailed budget information.  (Required by
40 CFR Part 35 -Subpart O, §35.6055(a)(2))

    a) Background

    The state should briefly  discuss the status and
    structure of its site assessment program.  This
    discussion  should include the  number of PAs,
    SSIs, ESIs, and other site assessment activities
    completed by the state.   The discussion should
    also include an estimate of the total number of
    sites within  the state that are  listed on the
    CERCLA Information System  (CERCLIS) and"
    still need to be assessed or inspected.  A sample
    background discussion is provided in Appendix
    B.

    b) Schedule of Deliverables

    A schedule designating the number of PAs, SSIs,
    ESIs, and other site assessment activities that will
    be submitted to the EPA Regional Office during
    each quarter of the fiscal year should be included
    by the  state.  Site assessment activities that are
    carried over from a previous fiscal year should be
    clearly noted. Quarterly reports will provide the
    state an opportunity to confirm the  number of
    submissions to the Region and to request changes
    to the schedule if necessary.  A sample schedule
    of deliverables is   presented in  Appendix B.
    (Required  by 40 CFR  Part 35 - Subpart O,
    §35.6055(a)(2)(iii))

    c) List  of Sites

    A  list  of  the  names  of sites at  which  site
    assessment activities are planned   should be
included in the project narrative statement.  If the
state proposes to revise the list, the state may not
incur costs at a new site until the EPA Regional
Project Officer has approved the site. The list of
sites should be categorized  by the  type of site
assessment activity to be undertaken at a site and
should indicate the estimated quarter of the fiscal
year  in  which the activity at  a  site will be
completed.  In the event mat all sites are  not
identified at the time an application is submitted,
the  state   should  provide  the   number  of
unidentified sites and should make a commitment
to submit the names of these sites as they  are
identified.   (Required by 40 CFR Part 35  -
Subpart O, §35.6055(a)(2)(ii))

d) Statement of Work

The SOW for proposed site assessment activities
should include the following: (Required by 40
CFR  Part 35  - Subpart O,  §35.6055(a)(2)(ii))

    (i)  A detailed description of each of the site
        assessment activities to be conducted
        under the  CA, including  lists of  the
        information to be provided  by each site
        assessment  activity,   lists  of   tasks
        necessary for  the completion of each
        activity,   lists  of   what   final   site
        assessment activity reports will include,
        and other documentation, as the state
        deems necessary.  Exhibit 6 provides a
        sample activity description for a PA;
        similar activity descriptions should be
        provided  for  other  site  assessment
        activities  to  be  performed.    The
        guidance materials listed below should
        assist states  in   preparing  these site
        assessment activity descriptions for each
        of the site assessment activities to be
        performed.

e)  Guidance Materials

Guidance materials for performing PAs, Sis, and
HRS  scoring packages   are  currently  being
developed.   These  guidance materials will  be
listed here as they are finalized and distributed.

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(i)  Detailed budget and  cost  information
    presented in several different ways in a
    series of tables. The budget information
    that is required by the first two tables
    (see  Appendix  B)  can be  used to
    generate  the  summary   information
    required by the following two tables
    (see   Appendix   B).     This   budget
    information   should   include   the
    following:

    (A) A  budget  for  each  of  the  site
       assessment   activities   to   be
       performed, itemized by object class
       category.  This information should
       be presented  first by average cost
       per site and second by total costs
       across all sites.  A  sample of this
       itemized budget  information  for
       PAs is  provided  in  Appendix  B;
       similar cost information must  be
       provided for all other proposed site
       assessment activities.

    (B) A summary budget  table that lists
       the total costs associated with each
       object class category for  all  site
       assessment   activities   to    be
       performed across  all  sites.    A
       sample of this budget information is
       included  in   Appendix    B.
       Attachments should be  included in
       cases  where  the state deems it
       necessary  to justify  in  writing
       certain expenses (e.g., the purchase
       of equipment or certain expenses in
       the  "contractual" category).  Such
       attachments should explain  how the
       particular expense will be useful in
       the  attainment of site  assessment
       program goals.

    (C) A summary budget  table included
       as  a means of  summarizing  the
       overall   cost  information.     This
       budget table should list the  planned
       site   assessment  activities,   the
       number of sites planned for each
       activity,   the  approximate hours
       required for the completion of each
       activity per site, the approximate
                 cost per site, and the total costs per
                 site assessment activity.  Appendix
                 B provides a sample of this budget
                 summary  table.

            (D)  A  statement  concerning  indirect
                 cost rate  negotiation  agreements.
                 This  statement  should  include a
                 copy of  any  indirect  cost  rate
                 agreement negotiated between the
                 state and the federal government for
                 use under grants and contracts  with
                 the federal government.

        (ii) A work plan  for each of the  various
            types of site assessment activities to be
            performed  under the CA.   The work
            plan should  provide a breakdown of the
            process  necessary   to  perform  a
            particular   site   assessment   activity,
            itemizing each  task and  listing   the
            estimated hours  associated  with   the
            completion  of each  task.  One of the
            primary purposes of a work plan is to
            allow the state to efficiently schedule
            such resources as manpower, equipment,
            and laboratory services in advance of an
            activity.  Sample work plans for a PA
            and an SSI are included in Appendix B.
            Work plans  should be  provided by the
            state for all site assessment activities
            that are to be undertaken.

3.4.4. Drug-Free Workplace Certification

    The state must certify (40 CFR Part 32 - Subpart
F)  that it is  in compliance  with  the  Drug-Free
Workplace Act of 1988  (Pub. L. 100-690,  title V,
subtitle D), which  requires applicants for CAs to
certify in  writing that they  will provide a drug-free
workplace.  The state must follow the requirements
contained  in the OMB notice entitled "Government-
Wide Implementation of the Drug-Free Workplace
Act  of 1988"  (54  FR  4946, January  31,  1989).
(Required by  40  CFR Part 35  • Subpart  O,
§35.6055(a)(3))

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3.4.5.   Certification   Regarding   Debarment,
Suspension, and Other Responsibility Matters

    The  appropriate state  official  must  sign  the
"Certification Regarding Debarment, Suspension, and
Other Responsibility Matters" (EPA Form  5700-49)
and  certify  that the state  is  in compliance  with
Executive Order 12549 and 40  CFR Part 32.   A
sample form 5700-49 is provided in Appendix B.
(Required by  40  CFR Part 35  - Subpart O,
§35.6055(a)(4))

3.4.6. Procurement Certification

    The  state must evaluate its own procurement
system  to  determine  if the  system  meets  the
requirements of 40 CFR Parts 31 and  35.   After
evaluating its procurement system, the  state must
certify that  its  procurement  system meets  these
requirements and submit this certification with the CA
application package. Citations should be provided for
those sections of state regulations that are relevant to
procurement. It is recommended that states provide
this  procurement certification by completing  the
"Procurement System Certification" (EPA Form 5700-
48).  A sample form 5700-48 is provided in Appendix
B.  If the state's procurement system does not meet
these requirements and, consequently, a procurement
certification  is not provided, the state must instead
comply with the procurement requirements of 40 CFR
Part 35 - Subpart O.  (Required by 40 CFR Part 35
- Subpart O, §35.6055(a)(5))

3.4.7. Anti-Lobbying Certification

    The state must certify (40 CFR Part 34, Appendix
A) that no appropriated funds will be expended to pay
any person for influencing or attempting to influence
an officer or employee of any  agency, a member of
Congress, an officer or employee of Congress, or an
employee of a member of  Congress, in connection
with any  federal award in excess of $100,000, in
accordance with section 319 of Pub. L. 101-121. The
state must follow  the  requirements  in  the Interim
Final Rule entitled,  "New Restrictions on Lobbying"
(55 FR 6736, February  26, 1990). (Required by 40
CFR Part 35 - Subpart O, §35.6055(a)(6))
3.4.8.    Provisions
Conditions
and   Assurances/Special
    CAs awarded under CERCLA are subject to a
number of terms and conditions.  These terms and
conditions  must be defined  in  the  CA either as
provisions  and  assurances,  if  developed  and
incorporated into the application package by the state,
or as special conditions, if developed and incorporated
by EPA.  The state should attempt  to ensure that
these terms and conditions are addressed in the CA
application package as provisions and assurances.
Requirements not adequately  covered in the state's
application package  will  be included as special
conditions in EPA's offer of award for the CA.  The
EPA Regional Office and the state may also negotiate
provisions specific to a particular situation or need at
the time the application package is prepared.

    Some provisions are specific to  the EPA site
assessment program and must be included in a CA for
site assessment activities by either the state or EPA as
a provision or condition of the award.  Provisions
specific to CAs for site assessment activities are:
1) sample splits and analyses;  2) sampling plans;
3) addition of  new sites;  4) joint  PA/SI efforts;
5) quarterly reports; and 6) release of HRS scoring
information. Failure to comply with these provisions
is sufficient cause for EPA to terminate a CA. Sample
language for  the six required provisions discussed
above is included in Appendix B. Sample language
for other provisions and assurances that may apply to
a site assessment CA can also be found in Appendix
B.  It should be noted that these sample provisions
and assurances are not exhaustive and that individual
states should  consider whether additional provisions
are  necessary  to  address  the   unique  situations
surrounding their proposed site assessment activities.

    As discussed above, requirements concerning site
assessment activities that are not adequately covered
in a  state's CA application package will be included
as special conditions in EPA's offer of award. These
special  conditions  would include issues of special
concern to the EPA Regional Office and requirements
that  would apply  to the unique  conditions of sites
within   the Region.    Some examples of special
conditions  that may be included in offers of CA
awards by EPA are presented in Appendix B.
                                                   7

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    The following plans do not have to be developed
and included  as part  of the site  assessment CA
application package. However, these plans must be
developed and in place before field work may be
commenced by the state.

3.5 Health and Safety Plan

    The state, as recipient of  a CA award, must
prepare a health and safety plan providing for the
protection of  on-site personnel and area residents.
This plan must be made available  to  EPA upon
request.  This health and safety plan must comply
with Occupational Safety and  Health Administration
(OSHA) regulations 29 CFR  1910.120, "Hazardous
Waste Operations and Emergency Response," unless
the recipient of the CA award is an Indian  Tribe,
which   are  exempt  from   OSHA  requirements.
(Required  by 40  CFR  Part  35  -  Subpart  O,
§35.6055(b)(l))

3.6 Quality Assurance Plan

    The state, as a  recipient  of a CA award, must
abide by the quality assurance requirements described
in 40  CFR  31.45 and develop  a  non-site-specific
quality assurance plan.   The  recipient must submit
this plan to EPA in adequate time (generally 45 days)
for approval to  be  granted before beginning field
work.    These plans  must  comply  with  the
requirements regarding  split sampling described in
section 104(e)(4)(B) of CERCLA. (Required by 40
CFR Part 35 - Subpart O, §35.6055(b)(2))
                                                  8

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       Appendix A:
Supplementary  Materials  for  Generic
SMOA  Language  Pertaining  to  Site
Assessment Activities
         SAMPLE FORMAT FOR SUMMARY OF QUARTERLY PROGRESS

                    QUARTERLY REPORT - FOURTH QUARTER
                              July 1  - September 30, 1990

"^ Site Name
(including)
Project Officer)







TOTAL
AVERAGE HOURS
PERSITE2/
Direct Personnel^
Hours Per Site
PA









SSI









ESI









HRS
Scoring .
Packages










Total









Site
Disposition^









Date of
Submission
of Report









J7 "Personnel" refers to only those staff persons who were directly involved in performing the site assessment activity.
2f The following codes may be used to indicate the disposition of a site:                          '
       NFA - No further action                           SSI - Screening Site Inspection recommended
       ESI - Expanded Site Inspection recommended            ER - Emergency Removal recommended
       REF - Site referred to another program/                HRS/NPL - Site recommended for HRS
          agency for response                                   scoring/NPL listing
       OTHER - Other recommendations (explain briefly)
3/ Average hours per site should be calculated only for complete deliverables.

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                      Appendix B:
                     Supplementary Materials for Generic Site
                     Assessment   Cooperative   Agreement
                     Application Package
                                 Sample Letter for Initiation of Intergovernmental Review
                       This letter may be revised, as necessary, for use when notifying directly affected governmental
                   entities where a state intergovernmental review process does not cover the activity under consideration.
                   Revision is also necessary in cases where other site assessment activities are to be performed under the
                   Cooperative Agreement.
              Dear [Designated Single Point of Contact for State Process]:

                  This letter notifies you of on-going and anticipated Superfund activities to be funded by the U.S. Environmental
              Protection Agency. These activides are subject to the State intergovernmental review process. The 60-day comment
              period on these proposed actions will begin five days after the date this letter is sent. Please address any comments
              on the proposed actions to [	]. The activities are described  below.
                  1.
 Description of Proposed Acdvities: [EPA or name of state department or agency] will conduct Preliminary
 Assessments (PAs) on [number of] sites and site inspections on [number of] sites.1
 The PA/SI  program  will be conducted in  accordance with the National Oil and Hazardous Substances
 Pollution Contingency Plan (NCP) (40 CER Part 300) and all other applicable EPA directives.

 A PA is a review of available information about a site with the purpose of determining whether further
 action, such as an SI, or no further action is needed. The PA should involve an off-site survey but does
, not include on-site work.  A PA includes the gathering of data on the magnitude of the hazard, routes of
 exposure, nature of the materials present, possible targets, and the existence of easily identifiable, potentially
 responsible parties.

 The SI builds upon the information gathered during the PA and includes collecting and developing data from
 the field. Unlike the PA, the SI always involves an on-site visit.   It routinely includes sampling and can
 include more sophisticated tasks such as monitoring, remote sensing, and other data gathering techniques.
 The purpose of an SI is to determine whether further action is needed and, if so,  to gather data sufficient
 to score the site for consideration for the National Priorities List, which is the list of sites that are eligible
 to receive funds to clean up the site.
                 2.
Estimated Cost: S[	
based on $	/PA. and $_
J, to be 100 percent funded by the U.S. EPA.  (Give a range of costs
 'SI or other, better estimates.)
                         If the exact number of PAs and Sis is not known, a range may be given; i.e., "will conduct PAs on
                         between Row estimate] and [high estimate] sites.

                                                               10
,

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           Sample Letter for Initiation of Intergovernmental  Review (continued)
                                                                                      ^

    3.  List of Sites: [attached]

    4.  Projected Start Dates:  f       	]
    5.   State Project Officer:  [name, address, telephone number]

    6.   EPA Regional Project Officer:  Fname. address, telephone number]
    As I have indicated above, you will have 60 days after receipt of this letter to submit your comments. However,
I would very much appreciate hearing from you at the earliest possible time so that we can proceed with the program
without any delays.  If you have any questions  on  this project or if you need further information, please contact
[name, telephone number] of .my staff who is available to assist you  in any way during your review.

                   Sincerely yours,
                                                 11

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                          Sampl« "Application for Federal Assistance-" (SF 424)
APPLICATION FOR
FEDERAL ASSISTANCE
                                         2 SATE SUBMITTED
   -*«E OF SUBMISSION
   A 00 >ci Don
   Oconsrueion
                                         J -AT6 HeCeiVED BY STATe
                                                                           SUM Aocuooon io*non«r
                           Coratrucocn
                                         4 wATA HeCciVeD BY FgucHAU AGENCY
 5 AP»UCANT'NFCHMATICN
                                                        Organuasonjj unit
 Main* igrv* .,iy. county, iuia>. ana zie eooai
                                                       Htrrm «no tawonon* numear o« trw e«rsen 10 o« eenuet»a an m«nm
                                                       nvo
                                                        7 rvpg OF APPLICANT (Kiwr lopreena* wt»r m eeit
« TYPf OF APPLICATION

           Q New
                       Conmuaoon
         tr«»f aeproonaH MOMtst in MUM):
A inercaM Award
0 Daaaaa* Ouraaon
Q Havnwn

 DD
  C. ineraao* Ouraoen
                  A SUM
                  8 County
                  C Munetoal
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                  £. i
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                                                                          H inocMnotm Senee* 0«ret
                                                                          i  SUM COTOofed in*o«j»on ol
                                                                          J PnvaM urav*««iy
                                                                          K Indian Tnb*
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                   Qatar («pae
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Sample Budg«t ShMts (SF 424 A)
OMC AAMTOVA! M*. CMI-AMA
BUDGET INFORMATION — Non-Construction Programs

Grant Program
function
or Activity
(•)
1.
2.
3.
4.
S TOTALS
SECTION A - lUDGET SUMMARY
Otdogoffecter*!
OcwMMkAiihtMKe
Mumbti
(b)





Eitimtttd UfMibligatid Funds
Federal
(c)
$



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Non-federal
<<0
$



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Niw or Newhed Budget
Federal
(e)
S



S
Nor^federal
(0
$



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Total
(9)
S



S
SECTION •-•UOGETCATCGOftlES
t Object Oasi Categories
i. tereeRRsi
b. Fringe Benefits
c Travel
4. IvilfMnMt
•. iinf>Ii«t
I. Contitctu*!
g. CombiKtkM
h. Other
1. Tout Direct OwrfM (Him at 6»- 6h)
J. Indirect Oxtget
b. TOTALS (mm of Ci and C|)
(HUNT MKKUUMl FUNCTION 00 ACTIVITY
0)
S



1





$
<2)
S









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(3)
S ,









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Sample Budget Sheets (SF 424A) (continued)

•.
SECTION C-NON^EOEKAL RESOURCES

t.
ir
11.
12. TOTALS (turn oi (HIM • Midi!)

U. MMl
U. NmMmi
IS. TOTAl (sum olliiwiliMtd 14)
	 «""^*"c*m
t



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	 M*»*
t



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f
'J


s
f



s
SECTION D - FORECASTED CASH NEEDS
TMdtM tllVMt
(

s
SECTION E-IUDGET ESTIMATES OF Fl
(I) Onm Pragma
U.

17.
».
l».
1*. TOTALS (turn ollinct 1C -H)
lildiartM
S

s
>»4Ou*rt«r
S

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lidOlMfMr
s

f
4lkdWftM
f

(
•DERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT
lUTUtlfUMMWNHXXrrunJ
	 (MM>ll 	
S



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fa»»««^
s



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	 MThW
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s



f
SECTION F - OTHER BUDGET INFORMATION
(Attach «dditK>iul ShctU if Nccetury)
21. DiiMtauigii:
In. ln«itctCluif«f:

     Authorized loc Local R«oroducUon
                                                           Sf 424A H-M) P*g* 2
                                                      PlMuibM by OU6 bed* A-102

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                               Sample Background Discussion
    The [state  department's or agency's]  Preliminary Assessment (PA)  and Site  Inspection (SI) Program is
administered by the	     .  In the past	years, the [state
department or agency] has conducted _ PAs and	Sis under EPA grants (RCRA 3012 and CERCLA 104(c) and
(d)). During this same time period EPA conducted approximately	PAs and	Sis within the State. The [state
department or agency] is currently conducting	PAs and	Sis under an existing Cooperative Agreement (CA)
with EPA.

    The Site Investigation and Response (SIR) Section consists of six full-time persons responsible for conducting
PAs, Sis, and other assessment activities, and administrative activities.  Secretarial and clerical support is available
within  the Division.  The [state department or agency] has recently been awarded a Core Program Cooperative
Agreement to provide services, training, personnel, and funds to help support CERCLA implementation activities.
In addition to these resources, the SIR Section has access to the resources of the Division of Wastes Management
and the Department of Natural Resources.

    It is anticipated that by [date], CERCLIS will contain at least	sites in [state] for which PAs need to be
performed. Approximately	sites in the state require Sis. It is anticipated that as many as	sites will be added
to CERCLIS during the calendar year via routine site discovery procedures.

    The [state department or agency] proposes to conduct	PAs and	Sis. All work will be approved by EPA
prior to initiation of site work by the state.  In addition, __ weeks of Superfund training is proposed here for each
staff member and	personnel hours for management assistance activities are required.  The grant period would
extend  from [date] through [date].                                               '
                                                 15

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Sample Schedule of Deliverables
Activity
Preliminary Assessment
Screening Site Inspection
Expanded Site Inspection
Management Assistant Review of
Contractor Documents
HRS Scoring Packages
Quarterly Reports
October-
December






January-
March






April-
June






July-
September






Total






             16

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                       Sample  Preliminary Assessment Description


Preliminary Assessments (PA)

       A PA will consist of those activities that are necessary to characterize, in a preliminary fashion, the hazardous
substances present, potential pollutant dispersal pathways, the population and resources that might be affected, and
facility management practices.

       A Preliminary Assessment is conducted to determine whether a site listed in CERCLIS should be considered
for further study.   A PA will be conducted  according to  the guidance issued by U.S.  EPA in the Preliminary
Assessment and Site Inspection  State Cooperative Agreement Guidance, on September 28, 1984 and Preliminary
Assessment Guidance Fiscal Year 1988 OSWER Directive 9345.0-01. PAs at federal facilities will be conducted
by the appropriate federal agency. The state will provide management assistance in reviewing PAs, as requested,
and charge such assistance as a fundable task against this Cooperative Agreement.

       An assessment provides the following  information:

       1.     Site identification;

       2.     Name, location, and ownership of the site;

       3.     Brief site description, including size and operations;

      4.     Type(s) of hazardous substances present and type of containers;

       5.     Characteristics of the relevant hydrogeological and  meteorological factors;

      6.     Population density of surrounding area;

       7.     Location of other environmentally sensitive receptors (e.g., water supplies, wildlife habitat);

     ,  8.     Conclusions and recommendations; and

      9.     CERCLIS Input

                   corrections to current data
                   alias names


      Some of the activities that may be necessary for the completion of the PA are:

             interviews with federal, state, and local government personnel and private citizens;
             reviews of federal, state, and local government files, reports, and archival documents;
             limited title searches to determine property ownership;
             review of U.S. Geological Survey, Soil Conservation Service, and hydrogeological and topographic
             data;
                                                  17

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               Sample Preliminary Assessment Description (continued)
             review of appropriate private and public well logs;
             review of appropriate meteorological data;
             review of appropriate land use data;
             review of available aerial imagery;
             off-site reconnaissance of site (windshield survey) as required to complete the site report and PA
             forms; and
             other off-site and on-site activities as appropriate to complete PA forms.

       A total of	PAs will be completed by [state]. It is assumed that the completion and quality assurance
review of each PA will require approximately	hours.  This will include the completion of Site Identification and
Preliminary Assessment Tasks,  and the review of these tasks on forms currently used by EPA for these purposes.
This will also include a conceptual sampling plan recommendation.

       A PA will be considered complete when the site information and the appropriate forms are approved and
accepted by the EPA Regional Project Officer (RPO).  Deliverables must be submitted to the Regional Office with
sufficient time to allow for a	week review period by the RPO, and a	week response period for the state.  (The
quality of the deliverables will  be judged upon adherence to the specific performance criteria negotiated with the
state.)
                                                  18


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Sample Average Preliminary Assessment Costs Per Site
             by Object Class Category
CATEGORY
Personnel
ESIII
( hrslPAx$ Ihr)
SEC/I
( hrslPAx$ Ihr)
Fringe __ % of personnel cost
Personnel Subtotal
Travel - Off-site reconnaissance
Assumes:
	 sites require off-site reconnaissance
and 	 off-site reconnaissance conducted per
trip ( 	 persons/trip x $ 	 per diem x
day 1 trip x 	 )
($ 	 /mile x average miles/trip x 	 )
Travel Subtotal
Equipment
Supplies
Contractual
Other
TOTAL DIRECT CHARGES PER SITE
INDIRECT CHARGE @ _ % OF DIRECT CHARGES
TOTAL
COST







-
-- .



                       19

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                  Sample Total Preliminary Assessment Costs
                            by Object Class Category*
CATEGORY
Personnel
Personnel cost
($ 	 /site x 	 sites)
Training ( 	 days)
( hrslperson x persons x$ Ihr -
ES/II)
Fringe % of personnel cost
Personnel Subtotal
Travel
Training
($ 	 per diem x 	 days x 	 persons)
($ /flight x persons)
Travel Subtotal
Equipment
Supplies ($ 	 /site x 	 sites)
Contractual
OTHER TOTAL DIRECT CHARGES
INDIRECT CHARGE _ % OF DIRECT CHARGES
TOTAL
COST











*Budget for one year.  (Includes additional non-site-specific costs associated with training.)
                                        20

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Sample Budget Summary for Ail Site Assessment Activities
               by Object Class Category
CATEGORY
Personnel
Program Manager I
Environmental Scientist HI
Environmental Scientist I
Secretary
Seasonal Environmental Engineer
Fringes ( 	 % of personnel cost)
Personnel Subtotal
Travel
EPA Seminars and Training
Travel Subtotal
Equipment
Supplies
Contractual
Medical Monitoring
Training Courses (Training for new staff)
Information and Education Services
(Public affairs for program activities)
Geophysical Tasks
Audit Costs
Federal Express (Sample shipment if necessary)
Contractual Subtotal
TOTAL DIRECT COSTS
INDIRECT CHARGE _ % OF DIRECT CHARGES
TOTAL
COST












                         21

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Sample Overall Budget Summary by Site Assessment Activity
                FEDERAL SUPERFUND PROGRAM
                (October 1, 1989 - September 30, 1990)
Site Assessment Activity
Preliminary Assessment
Screening Site Inspection
Expanded Site Inspection
HRS Scoring Package
Management Assistance of
Contractor Documents
Training (In House)
TOTAL
Total Number
of Sites







Estimated
Duration
Hrs/Site .







Approximate
Cost/Site






-
Total

•4,





                            22

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                       Sample Preliminary Assessment Work Plan
TASK

1.   Gather site information

          Natural/quantity of hazardous materials

          Possibility of exposure

          Possible affected target populations and
          environments

2.   Review and evaluate data

3.   Draft PA report

          Document findings

          Recommend disposition of site and provide
          justification for disposition

4.   Type, copy, and file

5.   Program Manager review and concurrence

TOTAL PER SITE
TIME REQUIRED
    PER SITE
 (person-hours)
                                                                          120 hrs
Tasks 1-3 account for	hows and will be conducted by:
     Environmental Scientist/Level II (ES/II) - $_fyr ($	Ihr)

Task 4 accounts for	hours and will be conducted by:
     Secretary/Level I (SEC/I) - $_lyr ($	Ihr)

Task 5 accounts for	hours and will be conducted by:
     Supervisory Environmental Engineer I Level III (SEE/HI) —
     $_lyr ($_/hr)
                                               23

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                       Sample Screening Site Inspection Work Plan
TASK

1.    Perform background search

           PA file review
           Literature/reference search on chemicals and wastes
           review USGS, meteorological, land use records, etc.
           research/evaluate potential community interest

2.    Prepare sampling plan and safety plan

           perform site recon

3.    Coordinate site visit

           obtain site access
           prepare equipment, obtain field supplies,
           coordinate other logistics
           schedule sample analysis
           notify appropriate community contacts

4.    Conduct field work

           perform field audit (1 of every 4 sites)
           site mobilization
           interview employeeslowners
           assess geology/topography
           identify potential receptors
           document site layout/site activities
           collect package, ship samples

5.    Perform sample analysis

6.    Review analytical data (QA)

7.    Compile, evaluate data, write report, prepare
      pre-projected HRS score

8.    Perform lexicological review
TIME REQUIRED
    PER SITE
 (person-hours)
                                                 24

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               Sample Screening Site Inspection Work Plan (continued)
TASK

9.   Type, copy, and file

10.  Review of SSI by Program Manager, Concurrence,
     Recommendations, Cover Letter


     TOTAL PER SITE
TIME REQUIRED
    PER SITE
 (person-hours)
    500 hrs
Tasks 1-3 account for	hours and will be conducted by: Environmental Analyst II or Engineering Technician
     II - $_lyr. ($_lhr)

Task 4 accounts for	hours and will be conducted by:  Environmental Analyst HI, Environmental Analyst II,
     Engineering Technician II, Water Resources Inspector — $	lyr. ($	Ihr)

Task 5 will be performed by EPA for DNR

Task 6 accounts for	hours and will be performed by:  Chemist II or III — $	'lyr. ($	Ihr)

Task 7 accounts for	hours and will be conducted by:  Environmental Analyst II, Engineering Technician II,
     Environmental Analyst III — $	lyr. ($	Ihr)

Task 8 accounts for	hours and will be conducted by:  Secretary I — $	lyr. ($	Ihr)

Task 9 accounts for	hours and will be conducted by Environmental
     Analyst III - $_Jyr. ($_lhr)
                                               25

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                                    Sample Form 5700-49
       EPA
s?A
         Coniroi
                             Unrtto Statas Environmental Pretaction Agtncy
                                      Wiunmgton. DC 20460
                                   Certification Regarding
              Determent, Suspension, and Cihw Responsibility Matters
                                     (
    orasoaoiva oanteoara carufiaa to tna oast of its knowtaoga and Baiiaf that it and its pnnepaia:

 (a) Ar« not orasamry dabanad. susoandad. propoaad for dabarmant. daoaraa ineligible, or votuntanly excluded from
    cavarad transacaona by any Federal daparunant or aganey;

 (b) Have riot wflttin a tfuweyeeroenc4 preceding thiapreoeaal been cc^^
    agamst warn tar eemmtaaien of fraud or a cnrmnal off enaa in connection wtti ebtamng, aaampung te obtain, or
    performing a pubie 
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                                    Sample Form 5700-48
       EPA
     •JNfTED STATES ENVinONhCIMTAi. PROTECTION AGENCY
                WASHINGTON. OC 204CO
PROCUREMENT SYSTEM CERTIFICATION
                                                                                         10.31-47
 APPLICANTS NAME
                             ASSISTANCE APPLICATION NUM8EH~
  APPLICANTS ADDRESS
                                    SECTION I - INSTRUCTIONS
 The applicant must complete and suomit a copy of this form with each application for EPA Assistance. If the applicant
 has certified its procurement system to EPA within the past 2 years and the system has not been suostantialty revteed.
 complete part A in Section II. then sign and date the form. If the system lias-not been certified within the past 2 years!
 complete Part B. then sign and date the form.
                                   SECTION II - CERTIFICATION
 A. I affirm that the applicant has within the past 2 years c«nif ieo IP EPA that its procurement system
  complies won 40 CFR Pan 33 and that the system meets the requirements in 4O CFR Pan 33.
  The date of the applicant's latest certification is:
                                                        MONTH/YEAR
 B. Based upon my evaluation of the applicant's procurement system. I. as authorized representative of the applicant:
  (Cheek one of the foUowiog:)                                                               «
    Q 1 .CEflTTFYthat the) applicant's procurement system will meet ail of the requirements of 40 CFR Pan 33 before
        undertaking any procurement aeoon with EPA assistance
 Please furnish citations to applicable procurement ordinances and regulations
Q 2.50 NOT CERTIFY THE APPLICANTS PROCUREMENT SYSTEM. The aooiicant agrees to follow tne
    requirements of 4O CFR Part 33. including the procedures in Appendix A, and allow EPA preawara review
    of proposed procurement actions mat will use EPA assistance.
TYPED NAME AND TITLE
         SIGNATURE
                                                                    DATE
                                            27

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    Sample  Provisions Required for Site Assessment Cooperative Agreements


1. Sample Splits and Analyses

      In accordance with CERCLA section  104(e), state employees, officers, or representatives will provide the
owner, operator, or individual in charge of a site the opportunity to promptly receive a split of each sample collected
at the site, a receipt describing the samples collected, and a copy of analytical results.

2. Sampling Plans

      Prior to commencing sampling activities under a Screening Site Inspection (SSI) or Expanded Site Inspection
(ESI) at a site, a sampling plan will be submitted by the [state department or agency] to the Region for review and
approval.  The sampling plan shall be submitted to the EPA Regional Office at least two weeks prior to the
commencement of sampling activities to allow sufficient time for review and comment.

3. Addition of New Sites

      The [state department or agency] will notify the Region in writing of any changes to the list of sites, submitted
in the CA application package, designated for site assessment activities.  Written approval of these changes must be
received by  the state before site assessment work  may begin at these sites. (In practice, the state may  notify the
Region by telephone first, and use the Region's written approval as a follow-up to this notification.)

4. Joint PA/SI Efforts

      The [state department or agency] and EPA agree to work together to ensure that sites requiring PAs and Sis
are addressed as expeditiously as possible.  If the [state department or agency] falls behind in its accomplishments
as established under this CA, EPA, in consultation with the state, may initiate PAs and Sis at state-lead sites to assist
the state in meeting its site assessment goals, and  this Agreement may be modified accordingly.

5. Quarterly Reports

      The [state department or agency] will  submit progress reports to the Regional Project Manager within thirty
days  of the end of each federal  fiscal quarter. Such quarterly  reports shall include:  a description of the work
'accomplished during the reporting period, an explanation of delays or other problems, if any, and a description  of
the corrective measures that are planned;  a list of site-specific products completed during the reporting period, with
an estimate of the technical hours required to complete each product; a comparison of the percentage of the project
completed to the project schedule, and an explanation of discrepancies; a comparison of the estimated funds spent
to date to planned expenditures and an explanation of significant discrepancies; and an estimate of the time and funds
needed to complete the work required in the CA, a comparison of that estimate to the time and funds remaining, and
a justification of any increase. (Required by 40 CFR  Part 35 - Subpart O, §35.6650)

6. Release of HRS Scoring Information

      The [state department or agency] will not release HRS scoring information to the public without the approval
of EPA.
                                                  28

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                        Sample General  Provisions and Assurances
General Provisions


A.   Authority

     EPA awards this Cooperative Agreement in accordance with the Federal Grant and Cooperative Agreement
     Act of 1977.  This Agreement is subject to all applicable EPA assistance regulations.


B.   Procurement Standards

     This Cooperative Agreement is subject to the procurement standards of 40 CFR Part 35 Subpart O.


C.   Prompt Payment Act Provisions

     In accordance with Section 2(d) of the Prompt Payment Act, federal funds may not be used by the recipient
     for the payment of interest penalties to contractors when bills are paid late, nor may interest penalties be used
     to satisfy cost sharing requirements.  Obligations to pay such interest penalties will not be obligations of the
     United States.
Special Conditions
     1.
     2.
     3.
     4.
     5.
The Cooperative Agreement recipient will adhere to all accounting standards and guidelines outlined in
40 CFR Subpart O.

Payment for activities contained in this Cooperative Agreement shall be on an actual cost basis, not the
fixed prices included in the assistance application for budget purposes. The application and supporting
documentation or subsequent amendments are for planning purposes.

No portion of this award may be used for lobbying or propaganda purposes as prohibited by 18 U.S.C.
Section 1913 Section 607(a) of Public Law 96-74.

All activities conducted under this Cooperative Agreement shall be consistent with the revised National
Contingency Plan (NCP), 40 CFR Part 300, dated March 8, 1990, (55 FR 8666).

The [state department or agency] agrees to satisfy all federal, state, and local requirements,  including
permits and approvals, necessary for implementing activities addressed in this Cooperative Agreement.
To the extent allowable under state law, the [state department or agency] will provide access to the sites,
as well as all  rights-of-way and easements necessary to complete the  response actions.  The  [state
department or agency] will provide access to EPA employees and contractors at all reasonable times to
the extent allowable under state law.
                                                  29

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           Sample General Provisions and Assurances (continued)
6.   The [state department or agency] shall prepare its own site safety plan for its own employees or
     representatives for any on-site activities performed pursuant to this Cooperative Agreement in which the
     [state department or agency] does not accompany the Field Investigation Team (FIT) contractor.  The
     [state department or agency] employees and representatives will comply with the EPA/FIT site safety
     plan applicable to each site.  The [state department or agency] reserves the right to act in a more
     restrictive manner than the FIT plan requires.

7.   The [state department or agency] will allow public  access to its records in accordance with applicable
     state law.  EPA will allow public access to its records in accordance with the procedures established
     under the Freedom of Information Act, regulations promulgated pursuant thereto, and agency guidance.
     To the extent allowable under  state and federal  law, parties agree to protect each  other's claims for
     confidentiality, particularly with regard to documents related to pending or ongoing enforcement actions,
     generated by either the state or EPA.

8.   Nothing contained in this Agreement shall be construed to create, either expressly or by implication, the
     relationship of agency between EPA and the [state department or agency].  Any standards or procedures
     prescribed in this Agreement to be followed by the [state department or agency] during the performance
     of its obligations under this Agreement do not constitute  a right to control the actions  of the [state
     department or agency]. EPA (including its employees and contractors) is not authorized to represent or
     act on behalf of the [state department or agency] in any matter relating to the subject matter of this
     Agreement, and the [state department or agency]  (including its employees and contractors) is not
     authorized to represent or act on behalf of EPA in any matter related to the subject matter of this
     Agreement Neither EPA nor the [state department or agency] shall be liable for the contract acts, errors,
     or omissions of the agents, employees, or contractors of the other party entered into, committed to, or
     performed with respect to this Agreement.

9.   The [state department or agency] will assist EPA by  making available its records and employees, if EPA
     litigates against responsible parties associated with a site where work is performed under the Cooperative
     Agreement, to the extent allowable by state law.

10.  All  Preliminary Assessment and Site Inspection reports,  as  well  as  Screening  Site Inspection and
     Expanded Site Inspection work plans, are subject to review and approval by the EPA Project Officer to
     ensure their completeness and consistency  with EPA criteria.  Deliverables must be submitted to the
     Regional Office with sufficient time  to allow for a	week review period by the Regional Project
     Officer, and a	week response period for the state.  (The quality of the deliverables will be judged
     upon adherence to the specific performance criteria negotiated with the state.)
                                             30


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           Sample General Provisions and Assurances (continued)
11.   The [state department or agency] proposes to accompany EPA's contractor on EPA-Lead Screening Site
      Inspections and Expanded Site Inspections based on the following understanding:

      a.        Once the Site Inspection plan has been finalized, the [state department or agency] and the EPA
               contractor shall provide  the other party with no  less than  two weeks notice  prior to
               commencement of any on-site activities unless the parties mutually agree otherwise. The [state.
               department or agency] shall be provided such notice via a schedule of the EPA contractor
               activities (location  and time) for each site where the EPA contractor is involved in  Site
               Inspection activities.  Inability of the [state department or agency] to provide representation
               at a site shall not be cause for the EPA contractor to deviate from the activity schedule.

      b.        The EPA contractor is accountable to EPA only. The [state department or agency] functions
               in an advisory capacity.  EPA issues all contractor work assignments and amendments, and
               is responsible for directing and evaluating the work of contractors.

      c.        The [state department or agency] is solely responsible for  ensuring that its employees and
               representatives are properly outfitted with the appropriate protective clothing and/or equipment.

      d.        [state department or  agency]  employees and representatives will  comply  with the  EPA
              contractor's site safety plan applicable to each site. The [State Department or Agency] may
              act in a more restrictive manner than the EPA contractor's plan.

      e.       The extent to which [state department or agency] employees perform site tasks will depend
              upon the capacity of [state department or agency] employees to perform work safely  and
              correctly and will be agreed upon between EPA and the [state department or agency] prior to
              the actual site work. During the site activity, the [state department or agency], EPA, or EPA
              contractor may suspend this Agreement if an employee acts in a manner that may threaten the
              safety of him/herself or other site personnel.

12.   Projected HRS score sheets shall accompany all PAs, SSIs, and ESI work plans submitted to EPA. The
      score sheets are necessary  to substantiate the recommended course of action.

13.   EPA  will  provide  instructional  courses on  the proper completion of Preliminary Assessments, Site
      Inspections, and HRS scoring.  EPA expects that [state  department or agency] personnel involved in
      completing Preliminary Assessments, Site Inspections, or HRS  scoring will attend the courses,  [state
     department or agency] personnel costs incurred while  the course is being given plus necessary travel
     expense for the appropriate individuals is allowable for funding under this Cooperative  Agreement.

14.  EPA and the [state department or agency] are responsible for periodically reviewing the role functions
     described in this Agreement for their applicability and effectiveness and negotiate the necessary revisions.
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                                   Sample Special Conditions
     The following special conditions apply only to that part of the [state department's or agency's] site assessment
program for which EPA will reimburse the state.  This grant shall not inhibit the [state department or agency] from
performing additional work at sites at which the [state department or agency] believes it is appropriate, using the
state's own funding sources.


1.   All Preliminary Assessment and Site  Inspection reports, as well as Screening Site Inspection and Expanded
     Site Inspection work plans, are subject to review and approval by the EPA Project Officer to  ensure their
     completeness and consistency with EPA criteria. Deliverables must be submitted to the Regional Office with
     sufficient time to allow for a	week review period by the Regional Project Officer, and a	week response
     period for the state. (The quality of the deliverables will be judged upon adherence to the specific performance
     criteria negotiated with the state.)

2.   EPA comments on state-generated reports shall be incorporated or rebutted in writing. If a  dispute arises
     concerning the validity/technical accuracy of the comments, an attempt will be made to mutually resolve all
     issues before a final decision is made regarding the comments.

3.   The [state department or agency] agrees to submit a copy of the sampling plan for any SSI or ESI to EPA for
     review and comment at least two weeks prior to the commencement of sampling activities.

4.   Well drilling and geo-physical techniques shall not be used routinely during a screening site inspection.  Only
     in justified special cases will EPA approve these activities during a screening site inspection.
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                                                       •&U.S. GOVERNMENT PRINTING OFFICE: I99Z - 648-003/40679

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