SEPA
'^n.iea States
Environmental P'otecvon
Agency
5oi'<3 -Vaste ang
Emergency
DIRECTIVE NUMBER: 9230.1-02
' ' ' *•£: yechn i ca 1 Assistance Grants Program
activities prior to Issuance of the
Interim F i n a 1 , R u 1 e
AN i
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JAN
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE: QERR/HSCO
£ FINAL
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STATUS:
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REFERENCE (other documents):
OSWER OSWER OSWER
ME DIRECTIVE DIRECTIVE D
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
JAU I I [988
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Direct:.vi 9230.1-02
MEMORANDUM
SUBJECT: ^Technical Assistance Grants Program Activities
...Prior./,f/S^-trtie Issuance of the Interim Final Rule
FROM:
TO:
Porer
/Assistant Administrator
Regional Administrators
This memorandum sets forth activities you can initiate
prior to the issuance of the Technical Assistance Grant (TAG)
Interim Final Rule (IFR) in early 1988. Given the short time
before the issuance of the IFR, the Regional effort should
focus on sites where the Remedial Investigation/Feasibility
Study (RI/FS) is underway and citizen groups have expressed
interest in TAGs.
Since the TAG regulation is still under development, the
Agency must be careful what information is disclosed. On the
other hand, the Agency is interested in preventing delays in
awarding TAGs. One of the key time consuming activities in
the TAG process is group consolidation. We want to minimize
cases where we are compelled to choose between competing
applicants for the single grant available. Multiple grant
applications cannot be processed as quickly as a single
application. If consolidation can occur prior to the publication
of the.IFR, the grant award process can proceed expeditiously.
Given the statutory limitation to issue -"not more than one
grant per site," the Agency believes that we would not compromise
the ruleMktng process by suggesting that groups consolidate.
Therefore, EPA Regional Offices may initiate certain activi-
ties pertaining to the technical assistance grants program with
affected groups at sites where the RI/FS is underway. The
groups can be advised that CERCLA section 117(e) specifically
provides that a single technical assistance grant of up to
$50,000 may be made for each Superfund site, and that certain
groups may be ineligible.
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OSWER Directive 9230.1-02
A fact sheet about the future availability of te'chni-al
assistance grants and other relevant information is attacned.
The fact sheet announces the Agency's intent to award a grant
to a qualified applicant that includes or represents a broad
range of affected groups within the community. In reviewing
an application, the Agency will evaluate the number and
diversity of affected community organizations and individuals
represented within an applicant group (e.g., site neighborhood
group, citizens group concerned about the site, etc.)
Section 117(e)-of CERCLA does not specifically exclude any
groups from grant eligibility. In the Advance Notice of
Rulemaking (ANRM), dated June 10, 1987 (52 Federal Register
22244), EPA questioned whether municipalities, potentially
responsible parties, national and State associations with
broad rather than local interests, and profit-making
corporations, academic institutions, local government advisory
groups or citizen groups should be ineligible. Consequently,
the fact sh^et cautions that certain groups may be ^eligible.
If a Region decides to initiate TAG activities at a site, then
the fact sheet should be broadly distributed to local community
groups throughout the community/ies affected by the Superfund site
to advise them of EPA's intent to award one grant per Superfund
site and to suggest the importance of consolidation. In addition,
the Region should distribute the fact sleet to State and
local officials.
Not only do the citizens need to begin organizing prior
to issuance of the IFR, but also the Regions should begin
organizing if they have not already done so. The Regional
Office may wish to determine which of its offices will have
the lead on the technical assistance grants program. The
Regional Office also could begin to identify potential problem
areas and determine how best to avoid them so that the technical
assistance grants evaluation and award process can proceed
as smoothly as possible. In preparation for the technical
assistance grants program, your staff could:
(1) Identify the level of interest for the technical
assistance grant program at NPL sites;
(2) Identify the extent of knowledge wJathin the community
regarding conditions at its site;
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OSWER Directive 9230.1-02
(3) Identify the extent of knowledge pertaining
to EPA grant and procurement regulations
within the community, based upon the level of
sophistication of individual group members
(e'.g., will citizens be able to develop a
comprehensive "Scope of Services");
(4) Identify potential areas and groups for
consolidation;
(5) Identify potential areas and groups where
consolidationisunlikely;
(6) Identify States that may want to be involved in the
program.
I encourage you to take a proactive role in identifying
potential problem areas and seeking solutions as well as informing
citizen groups at NPL sites that the technical assistance grants
will be a "V1 able soon and that they should begin. • -a1ition
building if they wish to ensure that a single app- ,.:tion for the
site is submitted. The IFR contains a formal notification
requirement where a public notice would be issued prior to the
start of site work.
If you have any suggestions or need information on the
Technical Assistance Grants Program, p'ease call Daphne Gemmi11
(FTS 382-2460) or Peg Anthony (FTS 382-2449).
cc: Regional Waste Management Division Directors
TAG Workgroup
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A PDA Unl1ea S'at"asn,n°gtonefOC 204fio"°n ***"*' ' UireCTv« Num"er
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Superfund Program Information Sheet
Update
Superfund Technical Assistance Grants December 1987
I. BACKGROUND
Section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA). as amended by the Superfund Amendments and Reauthorization Act
of 1986 (SARA), authorizes the President to make available technical assistance grants, up to
S50,000, 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 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.* Section 117(e) provides further that, 'No^
more than one grant tnav be made under this subsection with respect to a aintle facility ...."
(emphasis added.)
II. STATUS OF GRANT PROGRAM
EPA will publish the Interim Final Rule (IFR) for the technical assistance grant program
in early 1988. This rule will enable EPA to issue grants while receiving comments that will
be considered in the development of the Final Rule. Thus, the IFR will allow EPA to establish
the technical assistance grant program immediately and to begin accepting applications from
citizen groups for financial assistance in hiring independent technical experts to assess site
information. The Agency, however, is interested in preventing delays in awarding grants and
is initiating certain activities prior to the publication of the IFR.
in. WHAT YOU CAN DO
Coalition Baildiai:
Because CERCLA only allows for one grant per NPL site, the Agency's intent is to award
a grant to a qualified applicant that includes or represents a broad range of affected citizens
within the community. Competing applications for a single grant will require more time for
review by EPA and, consequently, the award of the grant may be delayed. Therefore, affected
groups may wish to consolidate for the purposes of submitting a single grant application.
The Advanced Notice of Rulemaking (ANRM) dated June 10, 1987 (52 Federal Register 22244).
raised the possibility that municipalities, potentially responsible parties, national and State
associations, profit-making corporations, academic institutions, and local government or citizen
advisory groups might be ineligible for grants.
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Interested groups should informally notify their EPA Regional Office that they are
interested ia applying for a Superfund Technical Assistance Grant and identify the
members of their citizen coalition.
IV. FURTHER INFORMATION
Groups or individuals interested in learning more about Technical Assistance Grants or
who have questions regarding coalition building should contact their Regional EPA Office.
Groups or individuals seeking background information should read the Advance Notice of
Rulemaking, which describes the major issues to be covered under the Interim Final Rule.
In addition, EPA's grant and procurement regulations (40 CFR Parts 30 and 33) will govern
this program. The Code of Federal Regulations (CFR) is available in local libraries or on
interlibrary loan.
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