&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
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             [ j   A- Pending OMB approval
             [ ]   B- Pending AA-OSWER approval
             f ]   C- For review &/or comment
             ( i   D- In development or circulating

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           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.
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               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.

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                               - 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.

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                                                  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

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