OSWER Directive #9230.1-01
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Directive #9230.1-01
MEMORANDUM
SUBJECT: ( interim XSuid^nce on Technical Assistance Grants
FROM: rf. Winston Sorter, Assistant Administrator
)ffice of Solid Waste and Emergency Response
TO: Waste Management Division Directors, Regions I-X
The Superfund Amendments and Reauthorization Act of 1986
(SARA) section 117(e) provides for technical assistance grants to
"any group of individuals which may be affected by a release or
threatened release at any facility which is listed on the National
Priorities List (NPL)." The grants can total as much as $50,000
per NPL site over the course of the cleanup effort. Each group
is required to contribute 20% of the total cost of the technical
assistance. There are provisions for waiving the 20% match and
the $50,000 ceiling (see attached SARA section 117).
The law specifies that the technical assistance grants will
be provided in accordance with rules promulgated by the President.
The President, through an Executive Order, has delegated the
responsibility for rule making to the Environmental Protection
Agency (EPA). As the first step in the rule development process,
the Agency will issue an Advance Notice of Rule Making (ANRM). The
purpose of this Notice is to describe a variety of issues involved
in establishing the program and seek public input into the direction
of the grant program. The Agency will publish the Advance Notice
in the Federal Register this spring.
The next step will be to develop an Interim Final Rule,
which also will be published in the Federal Register. Grant
funds can only be provided after Federal Register publication of
the Interim Final Rule. The Rule will include eligibility
requirements and formal procedures for the application and
management of the grants. We are also preparing a guidance
manual which will detail the application procedures and
administrative and management requirements for the technical
assistance program. We anticipate that both the Interim Final
Rule and the manual will be available next fall, approximately
six months after the Advance Notice.
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OSWER Directive #9230.1-01
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I understand that a number of Regions have already received
requests for technical assistance grants. While we cannot accept
grant applications now, we can provide background information on
the technical assistance grant provision and record citizen
requests for the Advance Notice, Manual, and Interim Final Rule.
At the time of Federal Register publication, each Region will be
asked to distribute this material to obtain public comment. I am
attaching a fact sheet on the ,status of the technical advisor
program, which may be distributed to the public, as well as a
tracking form Region V has developed.
In many instances, citizens have also requested suggestions
on how they can prepare in advance of the Interim Final Rule.
Citizens can:
0 Notify community leaders or organizations within the
community of the grant program, and determine interest.
0 Comment on the Advance Notice of Rule Making (ANRM) to be
published in the Federal Register. (We will encourage
public involvement in the development of the technical
assistance program.)
If you have any questions concerning the Technical Assistance
Grant Program please call either Daphne Gemmill at FTS 382-2460
or Anne Fenn at FTS 382-2464.
Attachments
cc: Superfund Community Relations Coordinators, Regions I-X
Office of Public Affairs Directors, Regions I-X
Grants Administration Directors, Regions I-X
OERR Division Directors
Susan Bullard
Pam Garrow
Richard Johnson
Karen Clark
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OSWER Directive #9230.1-01
H.R.2005—42
nation of why such action could not be completed by the specified
date.
"(d) COMMENCEMENT OF RI/FS.—The President shall assure that
remedial investigations ^and feasibility studies (RI/FS) are com-
menced for facilities listed on the National Priorities List, in addi-
tion to those commenced prior to the date of enactment of the
Superfund Amendments and Reauthorization Act of 1986, in accord-
ance with the following schedule:
"(1) not fewer than 275 by the date 36 months after the date of
enactment of the Superfund Amendments and Reauthorization
Act of 1986, and
"(2) if the requirement of paragraph (1) is not met, not fewer
than an additional 175 by the date 4 years after such date of
enactment, an additional 200 by the date 5 years after such date
of enactment, and a total of 650 by the date 5 years after such
date of enactment.
"(e) COMMENCEMENT OF REMEDIAL ACTION.—The President shall
assure that substantial and continuous physical on-site remedial
action commences at facilities on the National Priorities List, in
addition to those facilities on which remedial action has commenced
prior to the date of enactment of the Superfund Amendments and
Reauthorization Act of 1986, at a rate not fewer than:
"(1) 175 facilities during the first 36-month period after enact-
ment of this subsection; and
"(2) 200 additional facilities during the following 24 months
after such 36-month period.".
SEC. 117. PUBLIC PARTICIPATION.
Title I of CERCLA is amended by adding the following new section
after section 116:
"SEC. 117. PUBLIC PARTICIPATION.
"(a) PROPOSED PLAN.—Before adoption of any plan for remedial
action to be undertaken by the President, by a State, or by any other
person, under section 104,106,120, or 122, the President or State, as
appropriate, shall take both of the following actions:
"(1; Publish a notice and brief analysis of the proposed plan
and make such plan available to the public.
"(2) Provide a reasonable opportunity for submission of writ-
ten and oral comments and an opportunity for a public meeting
at or hear the facility at issue regarding the proposed plan and
regarding any proposed findings under section 121(dX4) (relating
to cleanup standards). The President or the State shall keep a
transcript of the meeting and make such transcript available to
the public.
The notice and analysis published under paragraph (1) shall include
sufficient information as may be necessary to provide a reasonable
explanation of the proposed plan and alternative proposals
considered.
"(b) FINAL PLAN.—Notice of the final remedial action plan
adopted shall be published and the plan shall be made available to
the public before commencement of any remedial action. Such final
plan shall be accompanied by a discussion of any significant changes
(and the reasons for such changes) in the proposed plan and a
response to each of the significant comments, criticisms, and new
data submitted in written or oral presentations under subsection (a).
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H.R.2005—43
"(c) EXPLANATION OP DIFFERENCES.—After adoption of a final
remedial action plan—
"(1) if any remedial action is taken,
"(2) if any enforcement action under section 106 is taken, or
"(3) if any settlement or consent decree under section 106 or
section 122 is entered into,
and if such action, settlement, or decree differs in any significant
respects from the final plan, the President or the State shall publish
an explanation of the significant differences and the reasons such
changes were made.
"(d) PUBLICATION.—For the purposes of this section, publication
shall include, at a minimum, publication in a major local newspaper
of general circulation. In addition, each item developed, received,
published, or made available to the public under this section shall be
available for public inspection and copying at or near the facility at
issue.
"(e) GRANTS FOR TECHNICAL ASSISTANCE.—-
"(1) AUTHORITY.—Subject to such amounts as are provided in
appropriations Acts and in accordance with rules promulgated
by the President, the President may make grants available to
any group of individuals which may be affected by a release or
threatened release at any facility which is listed on the Na-
tional Priorities List under the National Contingency Plan.
Such grants may be used to obtain technical assistance in
interpreting information with regard to the nature of the
hazard, remedial investigation and feasibility study, record of
decision, remedial design, selection and construction of remedial
action, operation and maintenance, or removal action at such
facility.
"(2) AMOUNT.—The amount of any grant under this subsec-
tion may not exceed $50,000 for a single grant recipient. The
President may waive the $50,000 limitation in any case where
such waiver is necessary to carry out the purposes of this
subsection. Each grant recipient shall be required, as a condi-
tion of the grant, to contribute at least 20 percent of the total of
costs of the technical assistance for which such grant is made.
The President may waive the 20 percent contribution require-
ment if the grant recipient demonstrates financial need and
such waiver is necessary to facilitate public participation in the
selection of remedial action at the facility. Not more than one
grant may be made under this subsection with respect to a
single faculty, but the grant may be renewed to facilitate public
participation at all stages of remedial action.".
SEC 118. MISCELLANEOUS PROVISIONS.
(a) PRIORITY FOR DRINKING WATER SUPPLIES.—Title I of CERCLA
is amended by adding the following new section after section 117:
"SEC. 118. HIGH PRIORITY FOR DRINKING WATER SUPPLIES.
"For purposes of taking action under section 104 or 106 and listing
facilities on the National Priorities List, the President shall give a
high priority to facilities where the release of hazardous substances
or pollutants or contaminants has resulted in the closing of drinking
water' wells or has contaminated a principal drinking water
supply.".
(b) REMOVAL AND TEMPORARY STORAGE OF CONTAINERS OF RADON
CONTAMINATED SOIL.—Not later than 90 days after the enactment of
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OSWER Directive #9230.1-01
Fact Sheet
Technical Assistance Grant Program
I. BACKGROUND
The Superfund Amendments and Reauthorization Act of 1986
(SARA) section 117(e) provides that technical assistance grants
can be made available to "any group of individuals which may be
affected by a release or threatened release at any facility which
is listed on the National Priorities List (NPL)." The grants
"may be used to obtain technical assistance in interpreting
information with regard to the nature of the hazard, remedial
investigation and feasibility study, record of decision, remedial
design, selection and construction of remedial action, operation
and maintenance or removal action at such facility."
Not more than one technical assistance grant may be provided
to a single NPL site. The grant may total up to $50,000 over the
course of the cleanup effort. Each community is required to
contribute at least 20% of the total cost of the techical assistance.
There are provisions for waiving the 20% match and the $50,000
ceiling when proven necessary.
II. STATUS
Under the law, the Environmental Protection Agency (EPA) can
provide grant funds only after procedural rules have been written
and published in the Federal Register. (The Federal Register is
a daily report which records Government Agency regulations and
activities.) The first step in writing this regulation will be
an Advance Notice of Rule Making. The Advance Notice will solicit
comments on the major issues the Agency needs to resolve in order
to establish the program. The Agency will publish the Advance
Notice in the Federal Register in the Spring of 1987. The Advance
Notice will also be available in the ten EPA Regional Offices for
distribution to the public for comment. A 45 day public comment
period will be held.
The second step for the EPA will be to consider all public
comments received and write the Interim Final Rule. The Interim
Final Rule will describe the process for obtaining and managing
the technical assistance grants and will be published in the
Federal Register in the Fall of 1987. A 60 day public comment
period will be held. Technical assistance grants may be provided
once the Interim Final Rule is published.
The third and last step is the development of the Final
Rule. The Agency will revise the rule as appropriate and publish
the final regulation in. the Federal Register.
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III. MAJOR ISSUES
The major issues under consideration by the Agency include:
- Who is eligible to receive technical assistance
grants?
- What are the eligible activities for funding?
- Under what conditions will the 20% contribution
requirement be waived?
- Under what conditions should the $50,000 per grant be
waived?
- Who should provide support and training to communities;
State Agency staff, EPA contractors, or EPA staff?
- Who should administer the technical assistance grants
program EPA and/or the States?
- What roles can municipalities legally take in the
technical assistance program?
These and additional issues will be discussed in the Advance Notice
of Rule Making.
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OSWER Directive #9230.1-01
Technical Assistance Request
Name Of Person Initiating Contact
Address
Phone
Name of Groups
Name of NPL Site
How Is This Group(s) Affected?
Is The Group A Coalition? [] Yes [] No
If yes, Name of Other Groups
Date of Original Inquiry
Follow Up: [] Mail - Advance Notice of Rule Making - Date
[] Mail - Citizen Guidance Manual - Date
[] Mail - Interim Final Rule - Date
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