&EPA United States Environmental Protection Agency 0«ice of Soi«d Waste ana Emergency Response DIRECTIVE NUMI 9375.2-03 TITLE: FUNDING FOR STATS'CORE PROGRAM COOPERATIVE AGREEMENT STATE-SPECIFIC ADDITIONAL FUNCTIONS APPROVAL DATE: EFFECTIVE DATE: 8/3/88 IGINATING OFFICE: D FINAL D DRAFT STATUS •Fl [ j A- Pending OMB approval [ ] B- Pending AA-OSWER approval f ] C- For review &/or comment ( i D- In development or circulating NCE (Other document*): headquarters OSWER OSWER OSWER ME DIRECTIVE DIRECTIVE Dl ------- unitto Sum enviromn«m«i Prjiaeuon Aaancy Wiinngton. OC 20440 . QSWER Directive initiation Request uir«eriv« 9375.2-03 .Tan B. Wine 2. Oflafniter information OS220 Ttitcnori Coo* TTCr FUNDING FOR STATE CORE PROGRAM COOPERATIVE AGREEMENT STATE-SPECIFIC ADDITIONAL FUNCTIONS Clarifies EPA's position on funding State Core Program Cooperative Agreement State-specific additional functions beginning in FY-89. a. Uots Thu oirteov* Supvstca Prtvwui Oirtcnvtuj? B. Oots It Supplement Previous Ottctiv**)? What flirtcnvo (nume«r. utJt) n^: I |No I IVM _J*ww*«tl»«(ngmb«r.t««l SKLtvol ' ' " ' :: A-SignodbyM/OAA | ) 8 - Sgn«d by Qfflct Proctor [ | C - for Bov^. 4 Common! [ |D-m 8. Document to b« distributed to States by Headquarters? Fl y« Richard Hvde 0«M 8/3/88 Oatt 8/2/88 OSWER OSWER OSWER O VE DIRECTIVE DIRECTIVE DIRECTIVE ------- \ ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 AUG2 1988 9375.2-03 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANPaM SUBJECT: Funding for State Core Program Cooperative Agreement State-Specific Additional Functions FROM: Henry L. Longest II, Director Office of Emergency and Remedial Response TO: Director, Waste Management Division Regions I, IV, V, VII, VIII Director, Emergency and Remedial Response Division Region II Director, Hazardous Waste Management Division Regions III, VI Director, Toxics and Waste Management Division Region IX Director, Hazardous Waste Division Region X PORPOSE This memorandum clarifies EPA's position on funding State Core Program Cooperative Agreement State-specific additional functions beginning in PY 1989. BACKGROOND On December 18, 1987, the Office of Emergency and Remedial Response (OERR) issued Final Guidance on State Core Program Fund- ing Cooperative Agreements (OSWER Directive 9375.2-01). EPA developed the Core Program Cooperative Agreement (CPCA) concept to help ensure that each State had the funds to support a program to carry out CBRCLA activities. During PY 88, the first year EPA was implementing this new initiative, States could receive up to $250,000 for eligible activities under a CPCA. The exact amount provided was based on a number of factors as outlined in the CPCA guidance and funding requests were made via the Superfund Comprehensive Accomplishments Plan (SCAP) process. As also stated in the guidance, as EPA and the states gained experience in the Core Program, EPA would consider raising the $250,000 ceiling for CPCAs. ------- - 2 - CORE PROGRAM PONDING FOR STATE-SPECIFIC ADDITIONAL FDNCTIONS As the Core Program moves into FY 89, a number of questions were raised as to whether or not the $250,000 funding ceiling for CPCAs would be increased. After reviewing this issue, we have determined that the $250,000 ceiling will not be increased for FY 89. However, beginning with their FY 89 CPCA applications, States may include as part of their workplans, State-specific additional functions which, generally, have not been fundable this fiscal year (see Exhibit 2 of the guidance for these State specific additional functions). Funding for these State- specific additional tasks may bring the State's total FY 89 CPCA above the $250,000 ceiling currently in place for the base program, depending on the cost of planned activities identified in the CPCA workplan [cost of planned activities + cost of State- specific additional tasks = total CPCA award (which, may or may not be over $250,000)]. Regions should consider funding for these State-specific additional functions and tasks on a case-by-case basis. Generally, States with new or developing programs will not be eligible for this additional funding. The State Bust obtain Regional approval of such functions and explain what the functions are and why they are needed. The State's justification must also present a line-item explanation of the proposed cost Sufficient to allow adequate EPA review. The inclusion of State- specific additional functions may require that the project period for the CPCA be longer than one year to allow adequate time for implementation of the additional function. The Regional Office must approve any extension of the project period beyond one year. An example of a state-specific additional function would include the following. Effective October 17, 1989, any State where a remedial action is to be conducted must assure the availability of acceptable facilities for the destruction, treatment, or secure disposal of all hazardous wastes expected to be generated within a State in the 20-year period following the assurance as required by section 104(c)(9) of CERCLA, as amended. Beginning in FY 89, to ensure that the State can provide this assurance when required/ funding will be available to States via a CPCA as a State-specific additional function for those activities necessary for the preparation and submission of their 20 year waste capacity plans. Future updating of the waste capacity plan would also be a CPCA eligible task. ------- 9375.2-03 - 3 - Regions must evaluate the State-specific request very closely to ensure that 1) the proposed expenditures support increased State involvement in CERCLA activities, 2) the State's Core Program is sufficiently developed to address the State-specific additional functions properly, and 3) the request provides sound justification. When in doubt, Regional Offices should consult with EPA Headquarters to determine if a State-specific additional function is eligible for funding under the Core Program. The funding increase will be considered via the SCAP process. Funding for State-specific additional functions will not be included as separate items in the annual SCAP. CONTACTS Should you have any questions concerning the additional funding for the State-specific additional tasks or any other questions regarding the Core Program, please call Jan B. Wine, Chief, State Involvement Section, or John Banks of her staff at FTS 382-2443. cc: Regional Superfund Branch Chiefs ------- |