6 EPA
United State*
Environmental Protection
Agency
Off ic« of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9571.00-lA
TITLE: Cooperative Agreement Guidance for Starte
Mining Waste Programs
APPROVAL DATE: July 29, 1988
EFFECTIVE DATE: July 29, 1988
ORIGINATING OFFICE: office of solid waste
E FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
[ ] A- Pending OMB approval
[ j B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
headquarters
OS WER OS WER OS WER
VE DIRECTIVE DIRECTIVE Dl
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United States Environmental Protection Agency
Washington. DC 20460
OSWER Directive Initiation Request
1. Directive Number
9571.00-1A
'2. Originator Information
Name of Contact Person
Harry G. Stumpf
Mail Code
OS-323
Office
OSW
Telephone Code
(202) 475-7241
3. Title
Cooperative Agreement Guidance for State Mining Waste Programs
4. Summary of Directive (include brie) statement ol purpose)
The purpose of this document is to provide guidance to the Regions for evaluating
coperative agreement applications from the States. This guidance is to provide the
criteria and procedures for distribution of cooperative agreement funds for State
mining waste program activities in FY'88 and FY'89. As a supplement to the regulations
the guidance is to be used in developing and reviewing cooperative agreements, (below)
Wining Waste / RCRA / Subtitle D / Cooperative Agreement / State Program
5a. Does This Directive Supersede Previous Directive(s):
Yes What directive (number, title)
b. Does It Supplement Previous Directrve(s)?
Yes
What directive (number, title)
7. Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
Yes
XX
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator • I -A 1 -3* /
V/xAAVft'* *-^ c***^**'*'* "
Jennifer A. .Barker/ Office of Solad Waste
10. Name and Title of Approving Official
Sylvia K. Lowrance/ Director/ Office of Solid Waste ..,..-
Date
08/10/88
Date
07/29/88
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
Summary continued:
distributing funds/ and monitoring activities.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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OSWER DIR. S9571.00-1A
, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
A.^ .*?
% P«o^°
OFFICE OF
SOLID WASTE AND E VI E RGENCV RESPONSE
MEMORANDUM
SUBJECT: Cooperative Agreement Guidance for State
Mining Waste Programs
FROM: Sylvia K. Lowrance, Director ..
Office of Solid Waste
-/
v
TO: Regional Waste Management Division Directors
Attached is the revised Guidance for State Mining Waste
Cooperative Agreements which supersedes the. Guidance dated
November 18, 1987. The earlier Guidance provided for distri-
bution of $1.95 million based on the number of mines,
beneficiation plants, and processing facilities. Budget
priority changes for FY 1988 reduced the amount available to
$415,OOO. The fundable tasks now call for participating
States to gather information on their respective mining wastes
and regulatory programs to assist us with our regulatory
development efforts. Region VIII will distribute the funds
as the cooperative agreements are approved by the respective
Regions . These are two-year funds and must be spent by the
end of FY 1989.
Attachment
cc: RCRA Branch Chiefs, Region I-X
Brian Burgess, Region VI
Rob Wai line, Region VIII
Jerry Allen, Region VIII
Mike Hanline, Region X
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OSWER DIR. 09571.00-1A
FY'88 COOPERATIVE AGREE-MENT GUIDANCE
FOR STATE MINING WASTE PROGRAMS
I. INTRODUCTION
II. STATE MINING WASTE COOPERATIVE AGREEMENTS
Purpose
Author!ty
Regulations and Guidance
State Eligibility
Distribution Mechanism
Fundable Tasks
III. -FEDERAL-STATE RELATIONSHIP
Reporting Requirements
Future Funding
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OSWER DIR. #9571.00-1A
I. INTRODUCTION
Currently, all wastes from the extraction, beneficiation, and
processing of ores and minerals are conditionally- excluded by RCRA
Section 3001(b)(3)(A)(ii) (the Bevill Amendment to RCRA) from
regulation as hazardous wastes under Subtitle C of RCRA. Thus,
these mining wastes fall within the jurisdiction of Subtitle D of
RCRA (the Subtitle D program addresses all solid wastes that are
not regulated as hazardous waste under Subtitle C of RCRA) and
other laws administered by States and other Federal authorities.
The decision (51 £R 24496, July 3, 1986) to create a special
Subtitle D program for certain mining wastes was based on EPA's
recognition that: (1) the current Subtitle D standards (in
40 CFR Part 257) are aimed principally at municipal and indus-
trial solid waste landfills and do not fully address mining
waste concerns, and (2) the revisions to Subtitle D (now being
prepared as required by RCRA Section 4010) will also not address
mining waste concerns.
This program is not part of the Subtitle C hazardous" waste
program for which States can receive authorization under Section
3006 of RCRA or for which State financial assistance is avail-
able under Section 3011 of RCRA. The mining waste program is
entirely separate from the Subtitle C hazardous waste program.
II. STATE MINING WASTE COOPERATIVE AGREEMENTS
Purpose
The purpose of this cooperative agreement program is to
encourage the States with experience in minerals industry-
related issues to assist EPA during its mining waste regulatory
development program; in so doing, we hope to foster interstate
and Federal-State communication and information-sharing. The
information gained under this program will be used to assist the
Federal mining waste regulatory development effort.
Authori ty
Section 4008(a)(2)(A) authorizes appropriation of funds
for financial assistance to States "for implementation of
programs to provide solid waste management ...." For FY'88,
the budget includes $415,000 in State cooperative agreement
funds to assist in the development of the mining waste program,
but the statutory authority is not specific in directing the
manner in which funds are to be distributed among States.
Regulations and Guidance
For FY'88, we intend to rely on the existing cooperative
agreement regulations of 40 CFR Parts 30 and 35 Subpart A.
These regulations require a minimum match from the States of
5%. During FY'89 we will decide whether it is necessary or
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OSWER DIR. //9571.00-1A
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desirable to develop specific mining waste cooperative agreement
regulations. Also, if future funds are made available, we intend
to develop a multi-year funding strategy that would consider
requiring funded States to: (1) increase the match in subsequent
fiscal years; and (2) undertake steps to improve the State mining
waste program or begin institutional initiatives to carry out a
program.
This guidance is to provide the criteria and procedures for
distribution of cooperative agreement funds for State mining.waste
program activities in FY'88 and FY'89. As a supplement to the
regulations, the guidance is to be used in developing and reviewing
cooperative agreements, distributing funds and monitoring activities.
Specific activities funded under each State's annual work
program will be negotiated individually by the Regional Offices.
Regions should begin working with their States in developing
draft cooperative agreements as soon as possible to give the Regions
time for review and approval so that timely distributions can be
made. The agreement must identify the resources (dollars and FTEs)
associated with each task. Cooperative agreements are to be
performance-based with quarterly work commitments clearly tied to
resources. All available cooperative agreement funds should be
spent by the end of FY'89. Any remaining FY'88 funds not spent by
the Regions in FY'89 will be reprogrammed or returned to the
Treasury.
4
The funds appropriated for FY'88 under Section 4008(a)(2)(A)
will be administered by the Waste Management Division, Region VIII,
and may only be used for mining waste cooperative agreement eligible
activities. (See OMB Circular A-87 and 40 CFR 30.410.) Funds not
distributed or committed to a State may be used to supplement
distributions to other States. Funds may not be diverted from
Subtitle C to support mining waste activities or vice versa.
State Eligibility
Only States for which a single agency or department has been
designated by the Governor to coordinate the tasks in the cooperative
agreement are eligible for FY'88 financial assistance. Federal
cooperative agreement funds may not pass through the designated
agency to substate or local government offices.
Distribution Mechanism
The budget for FY'88 includes $415,000 in State cooperative
agreement funds for the mining waste program. Each Region will
send a copy of the approved State cooperative agreement to the
Waste Management Division in Region VIII, which will distribute
the funds on a first-come, first-served basis. Regions should be
aware that a separate grant has been awarded to the Western
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OSWER DIR. 09571.00-1A
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Governors' Association (WGA) to facilitate the involvement of the
western States for similar fundable tasks. Therefore, Regions
should review the status of State activities funded under the WGA
grant to avoid duplicate funding of similar cooperative agreement
tasks.
Regions are not obliged to enter' into a cooperative agreement
with every State or distribute a particular amount to any State.
All FY'88 funds should be obligated by the Regions by the end of
FY'89. .
Fundable Tasks
This section discusses fundable tasks for FY'88 and FY'89
State mining waste cooperative agreements. States need not under-
take all of the tasks in FY'88. Appropriate outputs and schedules
for individual States will be determined by negotiations between
State and Regional Office staff, considering the nature and extent
of the program within the State and the needs within the State.
These State/Regional negotiations should begin as soon as possible.
Task 1: Identify the quantities and characteristics of the
mining wastes generated within the State.
Task 2: Identify existing State statutory and regulatory
programs and standards and the application of existing
Federal standards on mining wastes generated within
the State.
Task 3: Evaluate the adequacy of existing programs and
standards in protecting human health and the
envi ronment.
Task 4: Develop a preferred regulatory option to deal with the
identified health and environmental effects _
under existing programs and standards.
Task 5: Coordinate with other States to identify problems
encountered with the implementation of the preferred
(or similar) regulatory option.
Task 6: Evaluate the costs of implementation (by the State)
of regulatory scenarios.
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OSWER DIR. //9571.00-1A
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III. FEDERAL-STATE RELATIONSHIP (Cooperative Agreement Award/
Adminis tration)
States or Regional offices may initiate the cooperative
agreement process. States may submit draft agreements to the
Regions or the Regions can provide draft work plans to their
States for consideration. Headquarters will, as a courtesy
to the Region, review these when requested. As soon as
executed, a copy of each final agreement (including work program)
should be sent to Michael Flynn, Acting Chief, Special Wastes
Branch, (WH-565-E), Office of Solid Waste, Washington, D.C.
20460.
In accordance with 40 CFR Parts 30 and 35, Regions must
hold one on-site review. We recommend that two be scheduled,
including a mid-year review in concert with other on-site
activities. A review may also be combined with the review
. of the FY'90 agreement. Regions may arrange for more frequent
revi ews.
#
A mid-year program review for each State should examine
progress towards completion of fundable tasks. Regions should
also specify program follow-up procedures whereby States respond,
on a quarterly timetable, to the Region's findings. Reviews
should identify: (1) weakness in the State's program; (2) areas
where the Region may help the State; (3) approaches that could
be shared with other States, and (4) approaches that could
be shared with the developing Federal mining waste program. Copies
of all program review reports, including the. performance
evaluation final report, should be submitted to Michael Flynn,
Acting Chief, Special Wastes Branch, (WH-565-E), Office of Solid
Waste, Washington, D.C. 20460, within 30 days of completion
of the report.
Reporting Requirements
Headquarters may request information obtained during the
performance of the cooperative agreements. The data may be used
as a basis for a future distribution mechanism, should funds be
appropriated. We will provide more information on this in later
guidance. No other reporting is contemplated as yet.
Future Funding
Development of future guidance will take into account data
obtained during the performance of the cooperative agreements.
We will continue to pursue the development of a multi-year
funding strategy, including the investigation of Federal/State
roles at various funding levels and other State support (e.g.,
partial funding, peer matching and loan of personnel), if funds
are appropriated.
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