v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication No.
9375.5-03 FS a
October 1991
Political Subdivision
Involvement in Superfund
Office of Emergency and Remedial Response
Hazardous Site Control Division (OS-220W)
Quick Reference Fact Sheet
Political
Subdivisions
May Include:
• Counties
• Cities
• Towns
• Water Districts
• Parishes
INTRODUCTION
The Comprehensive Environmental Response, Compensation, and Liability Act (CER-
CLA), as amended, allows EPA to provide funds to States, political subdivisions thereof,
and federally recognized Indian Tribes for Superfund response. The definition of political
subdivision varies from State to State, since each State determines what units of govern-
ment meet its legislative definition. A political subdivision can participate in Superfund
cleanup as a lead or support agency when EPA and the State agree that this enhances the
cleanup process and results in an efficient, economical, and well-coordinated use of
resources.
A POLITICAL SUBDIVISION CAN LEAD A SUPERFUND RESPONSE
A political subdivision can participate in Superfund as the lead agency, the primary party
planning and implementing the response action, or as a support agency, furnishing data,
reviewing documents, and assisting the lead agency as requested. EPA, the State, and the
political subdivision work together to gauge when a political subdivision is best suited to
lead Superfund cleanups. To determine this, EPA and the State assess the political
subdivision's prior involvement and agree that:
The political subdivision is able to conduct the response activities
• It is economical and advantageous to designate the political subdivision as
lead '
• The political subdivision has the authority to enter into a Cooperative
Agreement with the Federal Government and to administer Federal dollars.
To receive CERCLA funds directly from EPA in a Cooperative Agreement, a political
subdivision acting as lead agency must meet Federal regulatory requirements and be
accountable for the Superfund cleanup. A political subdivision can also receive CERCLA
funds through the State to perform cleanup activities under the State's Cooperative
Agreement with EPA. In this case, the State remains accountable to EPA under 40 CFR Part
35, Subpart O for the successful completion of the task.
When the political subdivision receives funds as the lead agency, EPA and the State are
required by law to fulfill certain roles. To clearly define the role of each party and ensure
sufficient State involvement throughout the response, EPA requires a 3-party Superfund
State Contract among EPA, the State and the political subdivision.
Printed on Recycled Paper
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HOW DOES THE 3-PARTY PARTNERSHIP WORK?
Even when a political subdivision is authorized to undertake the lead, State involvement must be
ensured in a Superfund State Contract. Pursuant to CERCLA Section 121(1), States must be involved
in the decision-making process, and must have an opportunity to:
• Review political subdivision planning documentation
• Consult on the remedy
Po lit I c a I • Respond to decisions made by the political subdivision.
Subdivision-Lead
In addition, CERCLA Section 104 requires that, once a remedy is selected, States must provide certain
f \ assurances prior to Fund-financed remedial actions at a site. A three-party Superfund State Contract
\ entered into by EPA, the State, and the political subdivision is the mechanism that provides for these
assurances when a political subdivision takes the lead for Superfund activities. CERCLA requires EPA
to accept these written assurances only from the State, not from a political subdivision or any other
/ \ entity, even if the political subdivision will implement them. The State must guarantee EPA that it will
share in the cost of cleanup, and provide for Operation and Maintenance after the remedy is in place.
E P A S tate If necessary, the State must accept title or interest in real property acquired to do the response activities,
and ensure the availability of a facility for disposal of hazardous materials removed from a site during
cleanup. Finally, before entering into a Superfund State Contract, EPA must find that the State has
adequate disposal capacity for all hazardous waste (not just Superfund hazardous waste) generated
within its borders over the next 20 years.
WHAT IS THE LOCAL REIMBURSEMENT PROGRAM?
In addition to funding through Superfund Cooperative Agreements, local governments may also receive
reimbursement from EPA for expenses incurred (up to $25,000) in carrying out temporary emergency
measures in response to hazardous substance threats, pursuant to CERCLA Section 123. Temporary
measures may include such activities as erecting security fences to limit access to a site, and responding
to fires and explosions. To be eligible for reimbursement under this program, it must be proven that the
measures were necessary to prevent or mitigate injury to human health or the environment. EPA allocates
monies based on available funds under the local reimbursement program (40 CFR Part 310) to applicants
who demonstrate the greatest financial burden.
FOR ADDITIONAL INFORMATION
Opportunities and requirements for political subdivision involvement in the Superfund program are
described in detail in EPA regulations and directives. These include:
The National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40
CFR Part 300 (March 8, 1990), which provides the blueprint for conducting a response.
Additionally, Subpart F of the NCP outlines the requirements for State involvement as
a support agency during all phases of response
• 40 CFR Part 35 Subpart 0 (June 5, 1990), which describes the administrative proce-
dures for entering into Cooperative Agreements and Superfund State Contracts for
Superfund response
• 40 CFR Part 310, which describes the procedures for reimbursement to local govern-
ments that respond to hazardous substance releases in emergencies
• OSWER directives in the 9375.5 series which pertain to State, political subdivision,
and Indian Tribal involvement in the Superfund program.
For additional information on political subdivision involvement in the Superfund program, contact the
RCRA/Superfund Hotlinetoll free at 1-800-424-9364, or703-920-9810. Foracomplete listof directives
and publications, EPA employees should make their request by E-mail at OERR/PUBS, Box 5248, or
in writing to Superfund Documents, OS-240, 401 M Street S.W., Washington, D.C. 20460. Requests
should include full name, address, telephone number, and the title(s) or number(s) of the document(s)
being requested.
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