&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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>s
   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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                              - 2 -
     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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