&EPA
United States
Environmental Protection
Agency
OHice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9375.1-13
TITLE: CLARIFICATION ON AKLOWABILITY OF MANAGEMENT
ASSISTANCE TO STATES FOR ERAS AND REMOVALS
APPROVAL DATE: 9/27/88
EFFECTIVE DATE: 9/27/88
ORIGINATING OFFICE: OERR
Q FINAL
D DRAFT
STATUS:
REFERENCE (other document*)
[ ] A- Pending OMB approval
( j B- Pending AA-OSWER approval
[ ) C- For review &/or comment
[ ] D- In development or circulating
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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'^CpA Wasnmgion. DC 20460 ' " "- '"rnoer
\ycr/A OSWER Directive Initiation Requesi 9375.1-13
2. Orfalnator Information
Name of Contact Person .MaiiCooe (Office Telepnore Cooe
^Tar, S. H/m«j J^S^G * //SCD v
3. ritif\ " /
Clarification on Allowability of Management Assistance to States
for ERAS and Removals
Clarifies agency policy on the allowability of providing funds to
States for management assistance activities for expedited response
actions (ERAs) conducted during Federal-lead response actions and
for Federal-lead removals.
S.xeyworos Super fund,CERCLA,SA*A
-*/ Y NO .
^Y
b.boes It Supplement Previous Directrve(s)?
^ */ No
-
7. Draft Level
A - Signed by AA/DAA B - Signed by Office Director
Yes What directive (number, title)
Yes What directive (number, tide)
^ ~* ~^ "*
C - For Review & Comment 0
- m Development
8. Document to be distributed to States by Headquarters? YM N
Thla Request Me«u OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator /'
Betti C. VanEpps jyrfTf- (& // ^^_
i£'jAi \ - i':J\,-vy%A ~T~'"~~l "^ -'f o /^'u
Date
Date' /
0
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EPA Form 1315-17 (Rev. S-«7) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
SEP 2 T 1988
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: RENUMBERED OSWER DIRECTIVE: "Clarification on
Allowability of Management Assistance to States for
ERA'S and Removals," - OSWER Directive 9375.1-13
FROM: Arthur B. Weissman
Director, Policy and Analysis Staff, OERR
TO: Addressees
The above directive, dated June 10, 1988, is a policy
memorandum and should have been issued with an OSWER Directives
Number. We are reissuing it with the number added, and it should
be included in your official OSWER Directives policy files.
If you have any questions with respect to this matter, please
feel free to contact Betti VanEpps, OERR Directives Coordinator,
at 475-8864.
Attachment
Addressees:
Waste Management Division Directors,
Regions I-X
Superfund Branch Chiefs, Regions I-X
Henry Longest II
Paul Nadeau
Murray Newton
Jan Wine
Betty Winter
Betti VanEpps
Superfund Docket
OSWER Directives System
EPA Library
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUN i 0 <953
MEMORANDUM
SUBJECT
FROM:
TO:'
OSWER DIRECTIVE 9375.1-13
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
Clarification on Allowability of Management
Assistance to States for ERAs and J^emaval s
Henry L. Longest II, Director
Office of Emergency and Remedi
Waste Management Division Directors
Regions I - X
nse
PURPOSE
This memorandum is intended to clarify Agency policy on
the allowability of providing funds to States for management
assistance activities for expedited response actions (ERAs)
conducted during Federal-lead response actions and for Federal -
1ead removals .
BACKGROUND
Current guidance does not specifically address the allow-
ability of funding management assistance for State participation
in Federal-lead ERAs or removals. Several Regions have received
requests from States for funding management assistance to
support ERAs, and Regions have asked for clarification from
Headquarters on this issue. In addition, some States have
requested funding to support removal actions, and OERR believes
that clarification is required on the allowability of funding
State involvement in Federal-lead removals as well.
POLICY ON ALLOWABI LITY
If an existing management assistance cooperative agreement
does not'-'appear to have sufficient funds to cover a State's
role in supporting an ERA being conducted during Federal-lead
remedial response, the Region and State can amend the cooperative
agreement to include the unexpected increase in State support.
If the State is not already receiving management assistance for
a Federal-lead activity when an ERA becomes necessary, the
Region can provide management assistance via a cooperative
agreement if the State feels its role in the ERA warrants such
financial assistance.
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States may not receive funds for management assistance on
Federal-lead time-critical removals due to their emergency nature
and related time constraints. These constraints do not allow
sufficient time to negotiate and award funding of State support.
Further, management assistance will generally not be provided for
Federal-lead non-time-critical removals. However, funding may
be considered on a case-by-case basis subject to availability of
funds when removal actions are complex and State support is
expected to be extensive. Prior to consideration of funding
management assistance for State involvement in any removals,
Regions must consult with Headquarters.
IMPLEMENTATION
Funding for ERA assistance must be shown on the budget sheet
for the management assistance cooperative agreement as a separate
activity and tasks associated with this activity should be
described in the Statement of Work for the agreement. Require-
ments for State cost-share depend on the phase of the remedial
project during which the ERA is conducted. State cost share is
not required for management assistance if the ERA is conducted
during the RI/FS at publicly operated sites but cost share is
required if the ERA is conducted after a ROD has been signed.
Management assistance provided for the remedial action phase of
response must be cost shared by the State at the same percentage
as the remedial action.
Management assistance for Federal-lead removal activities
will be funded via site-specific cooperative agreements only and
should not be incorporated into Multi-site/activity Cooperative
Agreements .
CONTACTS
If you have any questions on funding management assistance
for ERAs, please contact Jan Wine on 382-2443. Questions on
removal s« should be directed to Cristina Griffin on 382-2307.
cc: Harvey Pippen, GAD
Lisa Karpf, 01G
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