WASHINGTON. D.C. 20460
                        JIJL I 9
                            Directive 9375.2-04

                                     fjF F .CE OP
                            SOL'D WASTE i.NO EMERGED* RESPONSE


Core Program Cooperative Agreements and
Small/Disadvantaged Business Utilization in the
Superfund Program
Henry L. Longest II , Director
Office of Emergency and Remedial Response

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

    To provide additional guidance to the Regions and States  in
planning for FY 90 Core Program Cooperative Agreement (CPCA)
awards to enhance small business utilization and reporting  in the
Superfund program.

    As specified in the Superfund administrative regulation, 40
CFR Part 35 Subpart 0, "Cooperative Agreements and Superfund
State Contracts for Superfund Response Actions," assistance
recipients must ensure that minority business enterprises  (MBE),
women's business enterprises (WBE), and small business
enterprises (SEE) are used whenever possible as sources of
services, supplies, and construction (See 40 CFR 35.6580).

    Section 105(f) of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended by the Superfund
Amendments and Reauthorization Act (CERCLA), requires EPA to

                                            Directive No. 9375.2-04
report to Congress annually not only on the awards executed during
the calendar year, but also on what efforts it has made to
encourage minority business participation under the Superfund    A
program.  To comply with this statutory requirement, EPA require^
in 40 CFR 35.6665(c) that all assistance recipients of Superfund
monies report on their use of MBE and WBE firms by submitting a
completed Minority and Women's Business Utilization Report (SF-334)
to the EPA award official.  Reporting commences with the
recipient's award of its first contract and continues until they
and their contractors have awarded their last contract for the
activities identified in the cooperative agreement.


   Core Program Cooperative Agreements (CPCA)  are intended to
support activities necessary for the successful implementation of
CERCLA.  Two of the areas fundable are assistance in procurement to
satisfy State/EPA requirements and procedures for general contract
management, including construction.  These tasks include small
business outreach efforts to stimulate utilization of this class of
contractor in the Superfund program.  Current CPCA guidance permits
States to request funding so that they may ensure compliance with
small, minority, and women's business enterprise requirements by
compiling and updating lists of qualified firms, implementing these
requirements in all procurements, and reporting status as .required.

   In order to further enhance MBE/WBE and small business
participation in Superfund response, beginning with CPCA awards iri1
FY 90, Regions should ensure that any State entering into a CPCA
includes additional tasks in their CPCA to further stimulate State
utilization and reporting of this class of contractor.  Such
additional tasks that would be eligible for funding would include
the development of capacity within the State to describe efforts
undertaken to encourage small, minority and women's business
participation in Superfund and to report on the extent of small,
minority, and women's business enterprise participation in the
State's quarterly reports to EPA.  EPA Regional offices should also
recommend that States include in each site specific cooperative
agreement their efforts to encourage small, minority and women's
business utilization in Superfund site work.  Generally, additional
funds should not be required to accomplish these additional tasks
since adequate funding should exist within the funding cap of the
CPCA base program.

   The Headquarters Grants Administration Division (GAD) intends to
include stimulation, utilization, and reporting of small business
participation in its Regional reviews.  These reviews will include
interagency agreements and Superfund cooperative agreements.

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                                            Directive No.  9375.2-04

Presently, OERR does not include .small business participation  in
Superfund in its Regional reviews, but may consider doing  so in the
future.  It is hoped that by further developing State outreach
efforts via the CPCA, existing deficiencies in MBE/WBE and small
business utilization in Superfund response will be corrected.


   Should you have any questions regarding 40 CFR Part 35  Subpart
0, you may contact Richard Johnson, GAD, at FTS: 382-5296.
Questions regarding small, minority, and women's business
enterprise utilization may be directed to George Mori, Office of
Small and Disadvantaged Business Utilization  (OSDBU), at FTS: 557-
9301.  Program specific questions may be directed to Jan n.-.>:-"
Wine, Chief, State Involvement Section, or John Banks of '..-^c ...Lai.
at FTS: 382-2443.

cc:  Regional Superfund Branch Chiefs
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