&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 ------- 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 - 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 ------- 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 ------- -2- 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. ------- |