v>EPA
             United States
             Environmental Protection
             Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER:  9295.2-03

TITLE' INTERAGENCY AGREEMENT BETWEEN THE CORPS OF ENGINEERS
    & EPA IN EXECUTING P.L. 96-510
              APPROVAL DATE:  12/03/84

              EFFECTIVE DATE:  12/03/84

              ORIGINATING OFFICE: Office of Solid Waste

              0 FINAL

              D DRAFT

               STATUS:



              REFERENCE (other documents):
  OSWER      OSWER      OSWER
fE   DIRECTIVE   DIRECTIVE   Di

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1


03/19/87 United States Environmental Protection Agency
Washington, D.C. 20460
EPA OSWER Directive Initiation Request

\ •• . 2. ungvwor information
Name of Contact Person Mil Code Offlce
BROWN OERR/OPM
1. Directive Number
9295.2-03

Telephone Number
475-8102
3. Title •': • i1 ' ; ;
INTERAGENCY AGREEMENT BETWEEN THE CORPS OF ENGINEERS
& EPA IN EXECUTING P.L. 96-510
i
4. Summary of Directive (Include brief statement of purpose)
Defines the assistance the U.S. Army Corps of
Engineers will provide to EPA in implementing the
Superfund program, EPA fund-lead or State
Fund-lead for EPA enforcement-lead projects.
(12/84, 3 pp)
5. Keywords
SUPERFUND, CERCLA, REMEDIAL PROGRAM, INTERAGENCY AGREEMENT

b. Does It Supplement Previous Wr«alvesCHVO SySWfn rOTfTM
t "^ -. • -.'.'.

^•\'
9. Name and Title of Approving Official
J. MCGRAW


Date
Date
12/03/84
•

OSWER     OSWER     OSWER
    DIRECTIVE    DIRECTIVE

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 OSWER Directive  92.^5 2' 3
                              -2-
EPA'S RESPONSIBILITIES UNDER THIS  AGREEMENT

     1.  Under overall EPA program management of  all  CERCLA
activities at a site, EPA will provide  Federal  project manage-
ment, except for those specific CERCLA  project  activities  per-
formed by the Corps under this agreement.

     2.  EPA will provide the Corps with sufficient funding  to
execute the activities covered by  this  agreement  and  will  provide
necessary workload estimates for the Corps to plan and budget
necessary resources.

     3.  EPA will manage relationships  with States and PRPs  and
will have primary responsibility for liaison with other interested
groups.

     4.  EPA will select the response actions to  be performed.

CORPS'  RESPONSIBILITIES UNDER THIS AGREEMENT

     1. The Corps will provide technical assistance to EPA
during the remedial investigation  and feasibility study
(RI/FS) phases.   This assistance at a minimum will involve
work required to satisfy the Corps that the remedial  action
selected by EPA will be reasonable to design, construct and
operate.  The Corps, when requested, also will assist EPA  in
review of State-managed projects as to  their suitability for
bidding and construction.

     2.  The Corps will manage design, construction and related
tasks of Federal-lead Fund-financed projects, unless  EPA or
the Corps determines after consultation with the other party
that the Corps cannot provide necessary support due to resource,
policy or programmatic constraints.  In carrying out  its manage-
ment role, the Corps will use private contractors for all design,
construction and related  tasks.   EPA and the Department of the
Army may, with the concurrence of the Office of Management and
Budget, later agree that  minimal design work should be done by
the Corps.

     3.  The Corps may provide other technical assistance  to
EPA in support of response actions, as agreed upon by the parties
including but not limited to:

          A.  For 'enforcement-lead projects, as stated in  inter-
agency agreements (lAGs), or as mutually agreed upon.

          B.  For State Fund-lead projects: monitoring compliance
and overseeing State activities during the entire remedial process,
including technical assistance during negotiations with State
contractors or prospective contractors, review of initial remedial
actions, feasibility studies, plans, specifications,  construe t i or.
activities, and  first year of operation and maintenance.

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                                                OSWER Directive 92??. 2-.
Tr.terager.cy Agreement Between the U.S. Army Corps of  Engineers
  and the U.S. Environmental Protection Agency  in Executing
         P.L. 96-510, the Comprehensive Environmental
                 Response, Compensation,  and
                Liability Act of 1980  (CERCLA)
PURPOSE

     The Environmental Protection Agency  (EPA) has overall
statutory responsibility for implementing the Comprehensive
Environmental Response, Compensation and  Liability Act of
1980 (CERCLA), also known as Superfur.d,   This agreement
defines the assistance the U.S. Army Corps of Engineers
(Corps) will provide to EPA in  implementing the Superfur.d
program, for EPA Fund-lead or State Fund-lead or for EPA
enforcement-lead projects.

BACKGROUND

     1.  CERCLA provides authority and funding to respond to
releases of hazardous substances, pollutants, and contaminants'
into 'the environment.  The statute and Executive Order 12316
assign primary responsibility for implementation to EPA.  The
Superfur.d prpgram includes emergency response (removal) to
hazardous substance spills and  sites and  longer term (remedial)
action at sites.  This agreement primarily addresses aspects
of the remedial response program, but may involve removal
response when requested by EPA  and accepted by the Corps.

     2.  For purposes of this agreement,  remedial response at
uncontrolled hazardous sites consists of  the following: investi-
gation to define the problem; feasibility study to evaluate
the problem and select a cost-effective remedial action;
final design; implementation (construction and related tasks);
orderly transfer of completed construction to the owner or
other appropriate party, including any technical assistance
necessary in the first year of  operation  and maintenance.

     3.  States or potentially  responsible parties (PRPs) may
perform all... or. part of the remedial response program activities
at sites..|||BPA; is responsible for remedial response where a
State or;.>idb'es not elect to  so perform.
     4.  ;f^ authorities applicable  to  this agreement  include
the Comprehensive "Environmental Response, Compensation and
Liability Act of 1980, 42 USC 9601 et seq. , as  implemented
by 40 CFR 300, and 10 U.S.C. 3036(d).

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                                           OSWER Directive

                             -3-
          C.  For EPA Fund-lead projects during the remedial
investigation/feasibility study phases: monitoring of planning
activities, reviewing feasibility studies, evaluating construc-
tability arid bidding of alternatives under consideration by
EPA, and uj^bn request and acceptance by the Corps, managing
the preparation of feasibility studies.

     4.  The Corps will provide EPA with financial and program
information consistent with, and easily integrated into, EPA's
management and financial accounting systems.  Such information
includes site-specific cost documentation EPA determines to
be necessary to support successful recovery of CERCLA funds
from PRPs.

QUALIFICATIONS AND LIMITATIONS

     1.  EPA and the Corps will ensure that any remedial action
selected by EPA for Corps management is reasonable to design,
construct and operate.  EPA will not assign a remedial action
to the Corps for management of design and construction if the
Corps.determir.es that the action is not reasonable to design,
construct and operate.

     2.  EPA maintains statutory responsibility for implemen-
ting the Super fund program.  The Corps will maintain consistency
with EPA's overall program requirements.  The Corps will use
its own internal procedures in the performance of its responsi-
bilities under this agreement, including the use of its own
procurement regulations.

     3.  Corps Division Engineers and EPA Regional Administra-
tors will operate under the provisions of this agreement.  There
will be no separate regional agreements except implementing
instructions and site-specific interagency funding agreements.

     4.  This agreement may be modified or extended by mutual
consent of the parties and may be terminated by either party.
5.   The Corps and EPA will issue instructions implementing


          AND DURATION
this agreement.
     This agreement will become effective upon signature by
both parties, and will remain in effect until 30 days after
the date either party notifies the other that it is termi-
nated.
                                                .^-'
Lee/ M. Thomas, Assistant Administrator   Robert K. Dawson
Environmental Protection Agency          Acting Assistant  Secretary
  1                                         of the Army  (Civil Works)
   rl "t  "\                                 Department of  the Army

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