United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication No.
9375.5-03/FS
April 1990
«rEPA Political Subdivision
Involvement in Superfund
Office of Emergency and Remedial Response
Hazardous Site Control Division (OS-220)
Quick Reference Fact Sheet
Political
Subdivisions
May Include:
Counties
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, so each State determines what units of government
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 ihe 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 involvement and agree that
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
The political subdivision is able to conduct the response activities.
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 Agree-
ment with EPA. In this case, the State remains accountable to EPA under 40 CFR Part 35
Subpart 0 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 fulfillcertain roles. Toclearly define the role of each party, EPA requires
a 3-party Superfund State Contract.
Role of Political
Subdivision
Pr'. -l«* on RocycM Paper
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Political
Subdivision-Lead
EPA
State
HOW DOES THE 3-PARTY PARTNERSHIP WORK?
Even when apolitical subdivision isauthorized to undertake the lead, State involvement must be ensured
in a Superfund Slate Contract. Pursuant to CERCLA Section 121(f), States must be involved in the
decision-making process, and must have an opportunity to:
Review political subdivision planning documentation
Consult on the remedy
Respond to decisions made by the political subdivision.
In addition, CERCLA Section 104 requires that, once aremedy is selected, States must provide certain
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 O&M after the remedy is in place. If necessary, the Stale
must accept title to interest in real property acquired to do the response activities, and ensure the
availability of a facility(ies) for disposal of hazardous materials removed from a site during cleanup.
Finally, before entering into a Superfund Slate Contract, EPA must find that the State has adequate
disposal capacity for all hazardous waste (not just Superfund hazardous waste) to be generated within
its borders for 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 lo $25,000) in carrying oul 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, these measures must be
necessary to preventer mitigate injury to human health ortheenvironmenLEPAallocatesfundsavailable
under the local reimbursement program 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:
Subpart F of the NCP, 40 CFR Part 300, which outlines the requirements for S late,
local, and Indian Tribal involvement as lead or support agency in all phases of Super-
fund response
40 CFR Part 35 Subpart O, which describes the administrative procedures 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 Hotline at 202-382-3000 or 1-800-424-9346. For a complete list of directives and
publications, contact the Superfund Docket and Information Center (SDIC) at 202-382-6940.
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