&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 ------- '^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 Y >s EPA Form 1315-17 (Rev. S-«7) Previous editions are obsolete. OSWER OSWER OSWER O VE DIRECTIVE DIRECTIVE DIRECTIVE ------- 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 ------- 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. ------- - 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 ------- |