&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER. 9250.1-01
TITLE: Policy On Cost-Sharing At Publicly-Ownei Sites
APPROVAL DATE: 03/30/83
EFFECTIVE DATE: 03/30/83
ORIGINATING OFFICE: OERR/ERD
EX FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS \NER OS WER OS WER
fE DIRECTIVE DIRECTIVE D
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03/19/87 United States Environmental Protection Agency
Washington, O.C. 20460
EPA OSWER Directive Initiation Request
2. Originator Information
Name of Contact Person MaH Code Office
ENGLEBERT OERR/OPM
1. Directive Number
9250.1-01
Telephone Number
382-2441
3. Title
POLICY ON COST-SHARING AT PUBLICLY-OWNED SITES
4. Summary of Directive (Include brief statement of purpose)
Describes CERCLA section 104 (c) (3) (ii) requirement
that States pay 50 percent or more of the response
costs associated with facilities owned by States
or their political subdivisions ("publicly-owned")
at the time of disposal of any hazardous
substance. (3/83, 2 pp)
Supplemented by 9250.2-01.
5. Keywords
SUPERFUND, CERCLA, STATE COST-SHARE, PUBLICLY-OWNED SITE, POLICY
6a. Does this Directive Supersede Previous Dlrectlve(s)?| yes (_ Xj NO
b. Does it Supplement Previous Directive's)? yes X No What
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7. Draft Level
' A-SignedbyAA/DAA B - Signed by Office Director C- For Review &
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
9. Name and Title of Approving Official
HEDEMAN
What directive (number, title)
directive (number, title)
Comment In Development
Date
Date
03/30/83
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
"*? 30 'SS3
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Directive 9250-1-01
SUBJECT: Policy on Cost-Sharing at Publicly-Owned Sites
FROM:
TO:
William N. Hedeman, Jr., Director
Office of Emergency and Remedial
Regional Superfund Coordinators
Regions I-X
Background:
Section l04(c)(3)(C)(11) of CERCLA (The Comprehensive Environmental
Response, Compensation and Liability Act of 1980), requires States to pay
50 percent or more of the response costs associated with facilities owned
by States or their political subdivisions ("publicly-owned") at the time
of disposal of any hazardous substances.
Policy: >
The following is EPA policy on section 104(c)(3):
1.
States are required to pay 50 percent or more of response
costs for publicly-owned facilities.
OERR's general policy is to require only a 50 percent cost-
share at these facilities. If the Regional Administrator (RA) believes
that a State should pay greater than a 50 percent share, based upon the
degree of responsibility of the State or its political subdivision, the
RA should indicate the suggested share and justification for it. This
recommendation should be included as an attachment to the Action Memo
package the Region submits to Headquarters.
2. The cost-share for facilities which become publicly-owned after
"active" disposal ceased is 10 percent.
The language of 104(c)(3) indicates that the State share is
50 percent of all response costs if the State or one of its subdivisions
owned the facility "at the time of disposal," Where a State or local
government acquires a site after hazardous substance disposal at the site
has ceased, a 10 percent cost-share 1s appropriate. Often States took
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possession in order to provide security, mitigate an emergency, accomplish
a response action or act as a receiver in a bankruptcy proceeding.
Imposition of a 50 percent cost-share would discourage States from taking
possession of a facility in these and similar circumstances and would
make it more difficult for States to meet their cost-share.
Therefore, the State is required to pay 10 percent of remedial
costs at facilities which became publicly-owned after active disposal has
ceased.
I realize that some site actions have been delayed pending resolution
of this issue. Please implement this policy as soon as possible to
alleviate any further delay.
If.you have any questions on our State cost sharing policy, contact
Doug Cohen of my staff at FTS 382-2206.
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