vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9250.3-02
TITLE:
GUIDANCE ON IMPLEMENTING WAIVER OF 10 PERCENT
COST-SHARING FOR REMEDIAL PLANN
APPROVAL DATE: 06/03/83
EFFECTIVE DATE: 06/03/83
ORIGINATING OFFICE: <*
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
of Solid Waste
OS WER OS WER OS WER
/£ DIRECTIVE DIRECTIVE Di
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03/19/87 United States Environmental Protection Agency
Washington, D.C. 20460
EPA OSWER Directive Initiation Request
1. Directive Number
9250.3-02
2. Originator Information
Name of Contact Person
WINE
MaU Cod*
Office
OERR/HSCD
Telephone Number
382-2455
3. Title
GUIDANCE ON IMPLEMENTING WAIVER OF 10 PERCENT
COST-SHARING FOR REMEDIAL PLANN
4. Summary of Directive (Include brief statement of purpose)
Establishes procedures for implementing
cost-sharing policy as reflected in directive
9250.3-1. (6/83, 4 pp)
5. Keywords
SUPERFUND, CERCLA, REMEDIAL PLANNING, STATE COST SHARE, WAIVER,
PRIVATELY-OWNED SITE, PROCEDURE
6a. Does this Directive Supercede Previous Directives)?) [ yes
No
What directive (number, title)
b. Does it Supplement Previous Directives^)?
yes
No What directive (number, title)
9250.3-01
7. Draft Level
A-SlgnedbyAA/DAA
B - Signed by Office Director
C - For Review & Comment
In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
Date
9. Name and Title of Approving Official
W. HEDEMAN
Date
06/03/83
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUN I ,'S33
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM OQWPP n-
OSV7ER Directive 9250-3-02
SUBJECT: Guidance on Implementing Waiver of 10 Percent Cost-Share for
Remedial Planning
FROM: William N. Hedeman, Jr.,
Office of Emergency and Remedial
TO: Regional Administrators
Regional Superfund Coordinators
On May 13, 1983, Lee Thomas, Acting Assistant Administrator for Solid
Waste and Emergency Response, obtained a class deviation from 40 CFR 30.720(a)
permitting the waiver of cost-sharing requirements for remedial planning activ-
ities (remedial investigation, feasibility study, and remedial design) at
privately-owned sites [Attachment 1].
This memo establishes procedures for implementing the May 13, 1983,
policy.
(1) Cooperative Agreements
(a) Active Cooperative Agreements; Cooperative agreements that were
signed by the EPA award official prior to May 13, 1983.
For those active cooperative agreements, where the State was
required to cost-share (State services, cash or statutory credit)
for remedial planning activities at privately-owned sites, allowable
State cost-shares will be applied toward the State's share of the
costs for remedial action ("construction") at that site.
Allowable State cost-shares which have been incurred or will be
incurred under the agreement may be applied to future remedial action
at that particular site.
This cost-sharing arrangement maybe accomplished through a
cooperative agreement amendment request made by the State to the
Region. The Region will forward this amendment request to the appro-
priate zone manager in the Hazardous Site Control Division (HSCD).
EPA will then send the State a formal amendment.
If the State has not yet paid its remedial planning cost-share
and does not want to contribute any share during planning, the
State must request a cooperative agreement amendment and submit a
revised budget to the Region indicating that Federal funds will pay
100 percent of remedial planning costs. The Region should forward
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this amendment and budget to the appropriate zone manager in HSCD.
EPA will send the State a formal amendment containing a special
condition pertaining to the change in cost-sharing and the additional
EPA funds to support the cost-share change.
For those agreements where the State has made partial payment
of its .cost-share, the State has the option of continuing to pay
its share and apply it towards construction or submitting a revised
budget to reflect 100 percent Federal funding for those parts of the
project remaining after June 15, 1983. In both situations, the
State must request an amendment to the agreement.
All cost-shares paid by the State may be applied to future
construction at that site.
(b) Cooperative Agreement applications received 1n final by EPA
prior to June 15, 1983.
Applications received by EPA prior to June 15, 1983,
need net be returned to the State; however, the Region should
contact the State regarding 100 percent Federal funding. Based
on the State's choice, the cooperative agreement will either
reflect 100 percent funding or reflect the State's desired
contribution to the remedial planning activities. If the State
desires to contribute during these activities, EPA will permit
allowable State contributions to be used towards the State cost-
sharing responsibilities for future remedial action at the site.
This will be stated in a special condition to the cooperative
agreement.
(c) Cooperative Agreement applications received in final by EPA
after June 15, 1983.
Any final applications received by EPA after June 15, 1983,
should reflect 100 percent Federal funding for remedial planning
activities.
For those agreements where the State was required to cost-share for
remedial planning activities1 and those cooperative agreement applications
Information 1n HSCD indicates that these are the active cooperative
agreements affected by this policy. Should Regions/States believe that
other cooperative agreements are impacted, please contact the appropriate
zone manager in HSCD.
Recion ! Keefe, N.H.
Region II Spence Farm, No; Goose Farm, NJ; Friedman, NJ; Pijak, NJ 2nd
Syncon Resins, NJ; Love Canal, NY
Region V Berlin and Farro, MI; LDI, MI; Byron Salvage, IL; Cross Brothers,II;
Reilly Tar, MN
Region VI Old Inger, LA; Highland Acid, TX; Harris, TX; Crystal Chemical, TX
Region VIII Central City, CO; Woodbury, CO; Arsenic Trioxide, ND
Region X' Commencement Bay, WA
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submitted to EPA prior to June 15, 1983, the Regions must determine, as soon
as possible, what the States' decision is on cost-sharing .
(2) Superfund State Contracts (SSCs)
All existing SSCs where the State is required to cost-share for
remedial planning^ must be amended to reflect 100 percent Federal funding.
The State may elect under existing SSCs, however, to contribute to the
remedial planning activities and apply any allowable contribution to remedial
construction at that site.
Since cost-sharing has been eliminated, future Federal lead projects
for remedial planning activities will not need an SSC. We require, however,
that the State request EPA action at the site and approve the scope of work.
This should be accomplished by a letter from the State to the Region.
Because Initial Remedial Measures (IRMs) are considered part of the
"remedial action" phase at a site, cost-sharing will be required and an SSC
must be prepared.
Attachment :
Information in HSCO indicates that these are the active SSCs affected
by this policy. Should Regions/States believe that other SSCs are impacted,
please contact the appropriate zone manager in HSCD.
Nyanza, MA; Lipari, NJ; Kin-Buc, NJ; Lone Pine, NJ; D'lrnperio, NJ;
Krysowaty, NJ; Bridgeport, NJ; Price Landfill, NJ; Drake, PA;
Tybouts, DE; Enviro-Chem, IN; OMC, IL; Minker-Stout, MO and Globe, AZ
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't UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
/ WASHINGTON, D.C. 20460
ww \319S:
OFPICE OF
ATTACHMENT I SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Waiver of 10 Percent Cost-Share for Remedial Planning
Activi€£25s.auPrivately-Owned Sites
^C^-Xjs^-T^ V-fc^^o
FROM: \ee M. Thomas
Acting Assistant Administrator
TO: Regional Administrators
Regional Superfund Coordinators
On March 11, 1982, cost-sharing was imposed on remedial planning
activities (investigation, feasibility study and design) at privately
owned sites. This requirement was adopted to ensure early State involve-
ment in remedial actions. Requiring cost-sharing for planning provides
a mechanism for EPA to encourage States to become more involved in the
planning of a project.
Our experience has shown, however, that the current policy contributes
substantially to program delays and to State financing problems. We
have found that the policy provides only negligible benefits in terms of
Fund conservation since planning costs are generally a small component
of total response costs.
Therefore, I am directing a reversal of current policy to allow the
funding of remedial investigation, feasibility study, and remedial design
at privately-owned sites without a State cost-share.
Implementation:
Any cost-shares previously paid by the State (allowable State services,
statutory credit or cash) for remedial investigations, feasibility studies,
and remedial design at privately-owned sites will be applied toward the
State's share of the cost for remedial construction at that site. Additional
guidance on implementing this policy will be forthcoming.
This policy is effective immediately.
If you have any questions on this policy, please contact Doug Cohen
of my staff at FTS 382-2206.
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