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UNITED SPATES ENVIRONMENTAL PROTECTION AGEN
*' WASHINGTON, D.C. 20460
JAN 3 I 1990
OFFICE OF
EMERGENCY RESPONSE
SOLID WAST
OSWER Directive #9230.1-06
MEMORANDUM
SUBJECT:
FROM:
TO:
Technical Assistance Grants: Waivers of $50,000 Cap
and Grant Amendments (Super fund Management Review:
Recommendation #44 A. 5)
Don R. Clay
Assistant Administrat
Regional Administrators
Regions I-X
Purpose: To transmit Technical Assistance Grant (TAG) program
criteria for waivers of the $50,000 cap.
Background;
The Administrator's "Management Review of the Superfund
Program" (the "90-Day Study") noted that the Technical Assistance
Grant (TAG) Interim Final Rule does not allow waivers of the
$50,000 limit for each recipient, although the Agency has
authority in the law to grant such waivers. The 90-Day Study
also noted that the Agency's initial unwillingness to exceed the
cap was intended to allow us time to compile experience with the
TAG program to provide a rational basis to exceed the $50,000
limit. Nevertheless TAG recipients have begun expressing their
need for more than $50,000 to address complex cleanups, including
some scheduled to last many years. The 90-Day Study concludes
its discussion with a two-fold recommendation:
EPA should move quickly to establish
criteria for waivers and should amend the
regulations to permit them, consistent with
the law. EPA should also establish
guidelines for renewal of grants where
necessary to facilitate public
participation in all stages of remedial
action.
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While we intend to make provisions for waivers in the final
rule, which will be published in late 1991, the current TAG
Interim Final Rule does not allow recipients to exceed the cap,
except in cases where we award grants for multiple sites.
Currently a TAG recipient may receive more than $50,000 per site
only by obtaining an approved grant deviation under 40 CFR
30.1001(b). The regulation designates the Director, Grants
Administration (GAD) as the Agency official who approves all
deviation requests. In making these case-by-case decisions, GAD
consults with the Office of General Counsel, the Hazardous Site
Control Division (HSCD), and the appropriate Regional office.
Policy;
We believe it is prudent to continue to make initial awards
of no more than $50,000. To address sites of such complexity
that an initial grant of $50,000 would be seen as inadequate, we
will consider a deviation request after the initial award. We
will consider a maximum of two amendment requests per site
totalling no more than $50,000. The maximum funding available
for any one recipient would then be $100,000 per site.
Deviation Criteria;
To be eligible for a deviation from §35.4090(a), the site
must have final listing on the National Priorities List. The
recipient must justify additional funds based on site complexity,
changes at the site after the initial grant, or an unusually
large amount of data or documents available for review.
We will consider the recipient's past performance, including
determining whether administrative requirements have been met
satisfactorily. In addition, the Agency will use the following
to review deviation requests involving the $50,000 cap. Those
applying for a deviation must meet three or more of these
criteria;
(1) an RI/FS costing in excess of $2 million;
(2) treatability studies or evaluation of new and
innovative technologies are required at a site,
as specified in the ROD;
(3) reopening of the ROD;
(4) the site health assessment results in an
epidemiological study;
(5) designation of one or more additional operable
units after award of the TAG;
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(6) a post-TAG award legislative or regulatory change
results in the generation of new site documentation
or information;
(7) a cleanup extending beyond eight years from
initiation of the RI/FS through completion of
construction;
(8) significant public concern, where large groups of
people at a site require many meetings, copies,
etc. ;
(9) any other factor which, in the judgment of Regional
officials, indicates that the site is unusually
complex.
GAD and HSCD have worked together closely in developing
these criteria to assist the Agency in making reasonable
amendment decisions. We believe that these criteria
appropriately address the fact that some sites require more than
the $50,000 currently available. We welcome your comments and we
look forward to implementation of this policy.
If you have questions about this policy, please call
Melissa Shapiro (382-2350) or Linda Ross (382-2449) of HSCD. You
may call Richard Johnson (382-5296) or Vince Martin (382-5294) of
GAD if you have questions about file deviation procedures.
cc: Directors, Waste Management Division
Regions I, IV, V, VII and VIII
Director, Emergency & Remedial Response Division
Region II
Directors, Hazardous Waste Management Division
Regions III and VI
Director, Toxic & Waste Management Division
Region IX
Director, Hazardous Waste Division
Region X
Assistant Regional Admininistrators for Policy & Management
Regions II, III, IV, VII, VIII and IX
Assistant Regional Administrator for Planning & Management
Regions I and V
Assistant Regional Administrator for Management
Region VI
Technical Assistance Grant Work Group
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