Unittd State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Respon**
<>EPA DIRECTIVE NUMBER: 9831.4
TITLE: Funding of State Enforcement Related Activities
APPROVAL DATE: JANUARY 23, 1985
EFFECTIVE DATE: JANUARY 23, 1985
ORIGINATING OFFICE: OWPE
0 FINAL
D DRAFT
STATUS
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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United States Environmental Protection Agency
41 _. _ _ Washington, DC 20*80
OtPA OSWER Directive Initiation Reauest
Originator Information
Name of Contact Person
Anthony Diecidue
Lead Office |—|
U OUST
LJ OERR [^ OWPE
D OSW Q AA.OSWER
Mail Code
WH_527
Interim Directive Number
9831.4
£
/
Telephone Number . /
382-4841 ^
Approved for Review
Signature of Office Oireetoc /
4M /° //Z yY
/" • C>u /^*xX /L
Date
Title
Funding of State Enforcement Related Activities
Summary of Directive
Memorandum announcing that funding can be provided to support
a limited number of enforcement related activities, based
on the 7/20/84 OGC opinion.
Key Words: funding, related, activities, support
Type of Directive (Manual. Policy Directive. Announcement, etc.! Status
D Draft IS New
Announcement ,—, r— i
uj Final LJ Revision
Does this Directive Supersede Previous Directives)? | | Yes 1 vj No Does It Supplement Previous Directive^!? LH Yes J^ N
If "Yes" to Either Question. What Directive (number, title)
••"*' •
Review Plan
D AA-OSWER
D OERR
D OSW
This Request Meets
Signature of Lead 0
Q OUST D OECM £3 Other (Specify)
D OWPE D OGC
U Regions D OPPE
OSWER Directives System Format *
ficeyDiwctives^fficer Date
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OSWER # 9831.
WASHINGTON, D.C. 20460
JAN 2 3 1985 o,,,CIO,
SCLlO WASTE 4ND EMEOGEVC* RESPONSE
MEMORANDUM
SUBJECT: Funding of State Enforcement-Related Activities
/*
FROM: Gene A. Lucero, Director (o^J ft.
Office of Waste Programs Enforcement
TO: Waste Management Division Directors
Regions I-X
The Office of General Counsel recently concluded that
CERCLA funding may be provided to States to support various
enforcement-related activities in addition to State-conducted
remedial investigations and feasibility studies at State-lead
enforcement sites. These activities are: (1) oversight of
RI/FSs and remedial designs prepared by potentially responsible
parties at State-lead enforcement sites; (2) management assist-
ance .for RI/FS/RDs conducted by -PRPs at EPA-lead enforcement
sites;' and (3) management assistance for RI/FS/RDs conducted by
Federal agencies at Federal facilities. The rationale is that
such activities are part of the remedial planning process and
consequently are eligible for CERCLA funding.
For State-lead sites, the funding will allow us to better
ensure a high level of quality and consistency in site evaluation
and remedy-selection by States. It will also make more practi-
cable the provision in the October 2, 1984, State relations
policy that requires States to commit to "prepare, or have the
responsible party prepare, an RI/FS ... in accordance with
EPA guidance" in order for an enforcement site to be finally
classified as State-lead. For EPA-lead enforcement sites and
Federal facilities, the funding will better enable States to
review and comment on documents generated during the RI/FS/RD
process.
We are now looking for funding sources for these purposes.
As you know, proposed uses of current fiscal year funds exceed
'what is available. In the interim, however, you may consider
using some portion of RI/FS funds freed by settlement where the
PRPs agree to conduct the RI/FS, and 'either enforcement funds
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wijui—TV ir yo j-i..
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available to you that have not been obliaated. In each
instance, the concurrence of the CERCLA Enforcement Division
Director must be obtained and the SCAP formally amended before
proceeding.
Funding of these activities will be through a new or
amended site-specific or multi-site cooperative agreement. We
will be developing guidance over the next several months to
provide detail on eligible activities, -costs, and procedures.
In the interim, however, the following general activities
should be considered eligible for funding:
(1) Review, and for State-lead enforcement sites approval,
of the proposed work plan, quality control plan, safety
plan, and other documents related to the RI/FS;
(2) On-site time during critical points' in the remedial
investigation at State-lead enforcement sites (e.g.,
during drilling and sampling).;
(3) Review of preliminary data during the RI/FS, and
other interim reports;
(4) Review of the draft and final RI/FS;
(5) Community relations during, and a public comment
period upon the conclusion of, this' RI/FS a_t State
enforcement-lead sites; and
(6) Review, and for State-lead enforcement sites approval,
of the remedial design.
Since this funding assistance is a new activity, Regional
enforcement and program personnel should work closely together,
and with the Regional Coordinator in the CERCLA Compliance
Branch and.the zone manager in the State and Regional Coordina-
tion Branch (SRCB) in OERR. In addition, pending development of
more detailed information and procedures that will be incorporated
in the State Participation Manual, drafts of new cooperative
agreements or amendments should be submitted to Headquarters for
review. The drafts should be sent to the Regional Coordinator
in the CERCLA Division Compliance Branch who will coordinate
the review with SRCB. This review is necessary in the near term
to ensure consistency in determining the appropriateness of
proposed State costs associated with the above activities. We
are not at this point establishing a minimum or maximum amount
that will be allowed, although the 10% figure for estimating
EPA oversight costs, and the 2% to 4% figure for management
assistance may be used as a general guide. Once the guidance
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is issued, Regions will be able to develop and approve these
cooperative agreements or amendments subject only to advance
notification to the Compliance Branch, and to the concurrence
of the CERCLA Enforcement Division Director where funds are to
come from monies previously targeted for other purposes in the
SCAP.
If you have any questions concerning funding for these
agreements, please contact Barbara Elkus at FTS 382-4819. For
other implementation Questions, please contact Andy Caraker at
FTS 382-4308.
cc: William N. Hedeman, OERR
.Sam Morekas, SRCB
Susan Bullard, OSWER
Fred Stiehl, OECM
Regional Counsel, Reaions I-X
Superfund Branch Chief, Reaions I-X
Superfund Enforcement Branch/Section Chief, Reqions I-X
David Buente, Department of Justice
Sue Moreland, Association of State and Territorial
Solid Waste Management Officials
Norm Mosenchuck, Chair, ASTSWMO Superfund Committee
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