&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9250.2-01
TITLE: Policy On Cost-Sharing Of Irmediate Removals At
Publicly-Owned Sites
APPROVAL DATE: 03/30/83
EFFECTIVE DATE: 03/30/83
ORIGINATING OFFICE: OERR/OPM
SFINAL
D DRAFT
STATUS:
REFERENCE (other documents):
Supplements
9250.1-01 Policy On Cost-Sharing V. Pjblicly-
Owned Sites
OS WER OS WER OS WER
'E 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 Mall Cod* Office
ENGLEBERT OERR/OPM
1. Directive Number
9250.2-01
Telephone Number
382-2441
3. Title
POLICY ON COST-SHARING OF IMMEDIATE REMOVALS AT
PUBLICLY-OWNED SITES
4. Summary of Directive (Include brief statement of purpose)
Specifically addresses cost-sharing for immediate
removal actions at publicly-owned sites. (5/5/83,
5 pp) Supplements
9250.1-1.
5. Keywords
SUPERFUND, CERCLA, COST-SHARE, PUBLICLY-OWNED SITE, POLICY
6a. Does this Directive Supercede Previous Directives)?) | yes | X| No What directive (number, title)
b. Does it Supplement Previous Directives^)? | X| yes | No Whatd
9250.1-0
7. Draft Level
A-SignedbyAA/DAA " B - Signed by Offlc* Director 1 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
rectrve (number, title)
1
Comment In Development
Date
Date
05/05/83
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OSWER Directive 9lSZ>. Z, -/
OFFICE OF
MAY 5 'C~~ SOLID WASTE AND EMERGENCY RESPONSE
MEMORA5DUM
SUBJECT: Policy on Cost-Sharing of Immediate Removals at Public^-Ovned Sites
FROM: William 5. Eedeman, Jr., Directc
Office of Emergency and Remedial Re/ponse (WH-548)
TO: Addressees
This policy supplements my "Policy on Cost-Sharing at Publicly-Ovned
Sites" signed on March 30, 1983 (Attachment l). The March 30, 1983, guidance
did not specifically address cost-sharing for immediate removal actions at
publicly-ovned sites.
Background
Section 10Mc)(3) of CZRCLA (The Comprehensive Environmental Response,
Compensation and Liability Act of 1980), provides that no remedial action
vill be undertaken unless the State in vhich the release occurs pays or
assures payment of 50 percent or more of the response costs associated vith
facilities ovned by States or their political subdivisions ("publicly-ovned")
at the time of disposal of any hazardous substances. That is, the State
must pay 50 percent (or greater) of all the costs of response, including
costs associated vith removal actions. Hovever, the State does not have to
pay this cost-share for immediate removals until and unless remedial action
is subsequently funded at the site.
Policy;
We vill not require any State cost-share for immediate removals at
publicly-ovned facilities until a CERCLA remedial action is subsequently
funded at the site. If a remedial action is never funded at the site, then
there is no cost-share for the immediate removal action (see Attachment 2).
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OSWER Directive 9
Implementation:
The Regional Program Office responsible for the removal activity mist
communicate this policy to the State prior to commencement of the removal
action. Verbal communication should be followed by a letter to the State
reiterating our policy.
•If you have any questions, contact Doug Cohen of ny staff, at FTS-382-2206.
Attachment
Addressees;
Environmental Services Division Directors, Regions I, III, V, VII & X
Regional Superfund & OHM Coordinators, Regions I-X
Director, Air and Waste Management Division, Region IV
Director, Toxic Waste Management Division, Region IX
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'v^-:-;
ATIACEIOT 1
»«S 30
OF
IOUO WASTE AND EMEHOENCV
MEMORANDUM
SUBJECT: Policy on Cost-Sharing at Publicly-Owned Sites
FROM: - William N. Hedeman, Jr., Director
Office of Emergency and Remedial R
TO: Regional Superfund Coordinators
Regions I-X
Background;
Section !04(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 1s EPA policy on section I04(c)(3):
1. States are required to pay 50 percent or more of response
costs for publicly-owneo facilities.~~
OERR'S general policy is to require only a ?Q p»*-cont ea*t-
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.-
Tht language of 104(c)(3) Indicates that the State share is
50 percent of all response costs if the State or one of Us subdivisions
owned the facility "at the time of disposal." Where a State or local
'government acquires a s1t» after^hazarojoj^ ^nh
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possession 1n order to provide security, *1t1gate an emergency, accomplish
a response action or act as a receiver 1n a bankruptcy proceeding.
Imposition of a 50 percent cost-share would discourage States from taking
possession of a facility 1n these and similar circumstances and would
make 1t more difficult for States to meet their cost-share.
Therefore, the State 1s 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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Directive
?-;
ATTACHMENT 2
(l) .Site X (publicly-owned)- $200,000 immediate removal funded by CERCLA
and there vill be no further action at the site ~ State is not required
to cost-share.
(2) Site X (publicly-ovned)- $200,000 immediate removal is funded by CZRCLA
and remedial action may be subsequently funded. At this time, State is
not required to pay cost-share. Hovever, prior to the commencement of
the remedial action, the State must assure payment of the cost-share
associated vith response at the site.
$ 200,000 removal
1,500,000 re=edial
$1,700,000 response costs — State oves 50 percent (or greater) of
$1,700,000 ($850,000).
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