ATTACHMENT A
AIP PROGRAM PRINCIPLES
This attachment contains twelve questions and answers that designate the mandatory AIP provisions that shall be included in new and renegotiated agreements and discusses the principles underlying these requirements. Headquarters approval is required if mandatory language is not included in a new or renegotiated AIP.
Question #1:
Can States use AIP funds to support State regulatory activities?
Answer:
No, States cannot use AIP funds to support their regulatory activities. The Office of Management and Budget and the Department's congressional oversight committees have consistently indicated that the Environmental Protection Agency (EPA) and the states are required to use their current statutory authorities to cover costs for Federal and state regulatory functions.
States should use statutory authority under various environmental statues to recover the costs of environmental regulatory activities. For example, section 6001(a) of RCRA provides that EPA and the States may assess Federal facilities reasonable and nondiscriminatory service charges associated with Federal and state solid and hazardous waste programs. RCRA defines reasonable service charges to include fees assessed for the processing and renewal of permits, review of plans, studies, and other documents, and inspection and monitoring of facilities.
AIP funds cannot be used to cover regulatory costs. Regulatory costs for which AIP funds may not be used are costs for legally-required environmental oversight activities, including issuance of permits, the review of the Department's
regulatory submissions when the review serves as the primary basis
for regulatory action, required regulatory inspections, required
monitoring, and issuance of regulatory notices of violation and
other citations.
With regard to state oversight of the Department's
response actions under CERCLA, the Department, pursuant to section
107 of CERCLA provides funding through issuance of grants under
DOE's cleanup agreements
with EPA and the States. Likewise, Site-Specific Advisory Boards
(SSABs) are supported through separate DOE funding mechanisms.
Therefore, CERCLA activities are outside the scope of the AIP.
The following language that distinguishes and clarifies the scope
of DOE's financial and
technical support of AIP activities shall be included in all new
and renegotiated AIPs:
-
"The parties to this
Agreement further understand that the oversight activities authorized
by this Agreement are intended to supplement activities conducted
under applicable environmental laws and regulations, but not to
support specific State regulatory, permitting, and legally-required
environmental oversight activities, such as issuance of regulatory
permits, the review of DOE regulatory submissions when such review
serves primarily as the basis for State action under regulatory
programs, required regulatory inspections, required monitoring,
issuance of regulatory notices of violation and other citations,
nor to support the activities of the Site Specific Advisory Board(s).
Instead, the Agreement is intended to support the non-regulatory
activities of [State] in working with the DOE
to evaluate the adequacy of DOE activities related to environmental
monitoring and to support periodic State monitoring of discharges,
emissions, or biological parameters as necessary to verify the
effectiveness of the DOE programs. The Agreement recognizes the
continued need for [State] to have access to DOE
facilities and to exchange relevant technical information with
the DOE to support the State's environmental monitoring efforts."
AIP grant paperwork must also include an express prohibition on
the use of AIP funds for state regulatory purposes.
Question # 2:
Does the AIP grant additional regulatory authority to participating
States?
Answer:
No, AIPs do not enlarge the scope of State regulatory authority.
The following language clarifying that no additional authority
is granted to the State under the AIP shall be included in all
new and renegotiated AIP agreements:
-
"The parties to this
Agreement understand that the Agreement does not represent an
extension or enlargement of any regulatory authority that
[State] has under applicable laws."
Question # 3:
The implementation of AIP program activities could potentially
involve several State agencies. How should the State agencies
coordinate their activities under the AIP?
Answer:
The AIP will require a State lead agency to administer the grant
funding for State AIP program activities. The lead agency can
coordinate AIP program activities through contract, memoranda
of understanding, or other applicable interdepartmental agreement
mechanisms to obtain the services of other State agencies and
divisions to implement AIP activities. All new and renegotiated
AIPs shall have language that designates a "lead
agency."
-
"DOE's
designated lead for purposes of this Agreement is DOE's
_________________ Operations Office (DOE -__).
The State's designated
lead for purposes of this Agreement is the [State
Agency lead] ."
Question # 4:
How should DOE and the State work together to ensure more accurate
AIP budget projections and more efficient use of AIP funds? What
is DOE's policy regarding
the use of AIP carry-over funding?
Answer:
To determine the appropriate scope of AIP activities and level
of funding for a given year, the DOE site and State should meet
on an annual basis to conduct a funding level assessment. The
assessment should include consideration of DOE's
budget for that year and, to promote more accurate projections
of work to be completed in the coming year, should include review
of the actual AIP program expenditures and work achieved in the
previous year. An annual funding level assessment should enhance
the State's ability
to more efficiently plan annual AIP project work and assist DOE
in better estimating annual budget needs for the AIP program.
All new and renegotiated AIPs shall include the following funding
language:
-
"The DOE and the State
will take all the necessary steps and use their best efforts to
obtain timely funding to meet their commitments under this Agreement.
The DOE and the State will jointly assess the level of funding
on a year-to-year basis. The annual funding level assessment
will be based on the DOE budget for that year, the State's
timely submittal of an annual proposed scope of work, and consideration
of actual expenditures from the previous program year. The parties'
performance under this Agreement is subject to the availability
of funds. No provision herein shall be interpreted to require
obligation or payment of funds in violation of the Anti-Deficiency
Act, 31 U.S.C. 341."
Due to DOE budget constraints, DOE is not able to guarantee
that States can keep AIP carry-over funds. As discussed above,
the appropriate level of AIP funding will be determined on an
annual basis and is subject to funding availability. DOE is committed
to working with the States to create a more efficient, realistic
budgeting process for the AIP program that should help reduce
carry-over funding. Generally, DOE will apply the carry-over
to the AIP budget for the next year to reduce the need for new
funding. DOE also expects to apply any carry-over funding that
is left at the end of the grant to the new AIP.
Question #5:
During the December 1993 AIP program review meeting, State AIP
representatives agreed to submit quarterly performance reports
to DOE Headquarters. How will the requirement for the Quarterly
report be incorporated into the AIP? What information will be
required? What is the purpose of submitting this information?
How is it different from other quarterly reporting that may be
required by the grant instrument?
Answer:
The information in the performance reports will be used by DOE
Headquarters to respond to Congressional and public inquiries
regarding States' activities
under the AIP program. This report is different from the quarterly
grant report that some AIP States currently submit as part of
their grant reporting requirements. Not all AIP States have quarterly
grant reporting requirements and even where an AIP State has a
quarterly grant reporting requirement, the information required
is not necessarily the same as the information in the performance
report. Conversely, the performance report requires uniform information
from all AIP States.
Consistent with the Federal Regulations in 10 CFR part 600.240,
"Monitoring and Reporting
Program Performance,"
DOE has the authority to require its grantees to submit quarterly
performance reports. Doe contract officers have the discretion
to request grantees to submit a Federal Assistance Program/Project
Status Report (DOE F 4600.6) which requires similar information
as the quarterly performance report noted above. Sites may choose
to have grantees submit the DOE F 4600.6 form instead. However,
sites must also collect and submit to Headquarters information
regarding estimated state expenditures per program activity for
the previous quarter. Headquarters prefers that States submit
quarterly performance report because most of the States are now
comfortable with submitting information in this format and it
lends itself to uniform reporting for all AIP States.
In addition to the grant reporting requirements, the following
language requiring performance reports shall be included in either
the grant or the AIP:
-
"QUARTERLY PERFORMANCE
REPORT. The State shall submit an original and two copies
of a written quarterly report that summarizes the results of its
accomplishments relative to the objectives established for that
program quarter. Quarterly performance reports shall be submitted
within thirty (30) days after the end of the quarter. Performance
reports shall contain brief information on the following:
(i) A project narrative in sufficient detail to describe the program
objectives addressed in the scope of work for that period.
(ii) A description of the accomplishments, significant changes
from the intentions, and significant issues for each program objective
established for that quarter.
(iii) A description of program area total expenditures for each
major program activity and a comparison of actual expenditures
to budgeted expenditures for the quarter. Discuss in detail significant
variances.
(iv) A projection of key events and milestones and open items
from the existing quarter that will be completed during the next
quarter."
If the AIP and the grant are negotiated at the same time, the
quarterly performance report language should be included in the
grant and a brief reference to the reporting requirement should
be placed in the AIP. Conversely, if the AIP is negotiated first,
the quarterly performance report language should be included in
both the AIP and grant. The objective is to ensure that states
are fully aware of the quarterly performance reporting requirement
before signing the AIP. Copies of the state quarterly performance
reports should be submitted to Michael Kleinrock, Director, Office
of Environmental Activities, (EM-22), 1000 Independence Avenue,
S.W., Room 1H-088 #29, Washington, D.C. 20585.
Question #6:
In general, DOE data is submitted to the State in a timely fashion,
however, many States want "real
time" access to data
which has not necessarily been through a quality control/quality
assurance (QA/QC) validation process. What is DOE's
current policy on State access to "real
time" data under the
AIP program?
Answer:
DOE has determined that validated DOE data will be released to
the States within 90 days after receipt from the lab and appropriate
level of review and quality control/quality assurance (QA/QC)
validation. DOE Operations Offices shall strive to meet the 90-day
requirement, and if unable to do so, notify the State and explain
the circumstances related to the timing of release. DOE will
not release draft documents or raw data under the AIP program
that have not had sufficient review. However, DOE Operations
Offices shall evaluate on a case-by-case basis whether preliminary
draft documents can be viewed onsite or released to the State.
Most DOE Operations Offices have allowed States access to preliminary
data onsite on a "read-only"
basis. Where the State can show it has the authority to protect
preliminary draft information from State public release laws,
DOE Operations Offices shall consider allowing the States to use
the information offsite. If the State identifies deficiencies
with DOE's ability to
release data from a site in a timely fashion, the State and DOE
AIP personnel and the applicable DOE contractor personnel shall
meet to address the concern. The following language on environmental
monitoring data shall be included in all new and renegotiated
AIPs:
-
"The DOE will promptly
furnish to the State annual (and/or quarterly) reports on the
[DOE site(s)] environmental monitoring
data. The DOE data reports will be released to the State within
ninety (90) days after receipt from the laboratory and completion
of the appropriate level of review and quality assurance/quality
control (QA/QC) validation. Upon request by the State, the DOE
also will release a copy of the unvalidated data at the same time
the validated data is released to the State. If the DOE is unable
to release data within ninety (90) days, the DOE will promptly
notify the State and explain the circumstances related to the
timing of the release, and provide an estimated time frame for
release of the data."
Question #7:
Does a State's participation
in the AIP program automatically establish a "need-to-know"
status for the purposes of State access to classified information?
Answer:
No. The AIP cannot be used to establish an automatic need-to-know
status. DOE Operations Offices will meet with States to discuss
their concerns on a case-by-case basis and develop a site-specific
protocol to address State access to classified and sensitive unclassified
information. The following language on need-to-know shall be
included in all new and renegotiated AIPs:
-
"As requested by the
State, the DOE will clarify and provide written explanation to
the State of the "need-to-know"
security information requirements specified in DOE and other Federal
security requirements governing classified and sensitive unclassified
information (e.g., 10 C.F.R. Parts 1016 and 1017, Executive Order
12356, and DOE Order 5635.1A) that apply to access to certain
types of information or areas at the [DOE site(s)]
."
Question #8:
Some States cannot provide assurances that DOE classified and
sensitive unclassified information can be protected under State
public disclosure laws. How can the State AIP program verify
the effectiveness of DOE monitoring systems if State AIP personnel
do not have access to some of this data?
Answer:
DOE will not release classified and/or sensitive unclassified
information unless authorized by DOE pursuant to applicable laws,
regulations and orders. As part of the DOE's
determination to consider releasing such information to a State,
States may be required to provide written assurance that such
information can be protected. If a State cannot provide assurance
that the information can be protected, on a case-by-case basis
and consistent with the appropriate security procedures the DOE
Operations Office will make a determination based on the type
of information requested whether to provide the State "read
only" access to the
information. The following language regarding State assurances
for these DOE documents shall be included in all new and renegotiated
AIPs:
-
"The DOE will ensure
that the State has access to all monitoring data relating to the
[DOE site(s)] generated by or available to the DOE.
In carrying out the provisions of this Agreement, the parties
will comply with applicable security laws and regulations, Privacy
Act and Freedom of Information Act requirements, and trade secret,
patent and related confidentiality requirements. Information
designated by the DOE as "classified"
in accordance with applicable laws, regulations or executive orders
or which otherwise is entitled to confidentiality under applicable
laws, regulations or orders shall not be released by the State
unless authorized by the DOE pursuant to applicable laws, regulations
or executive orders. Documents provided by either party under
this Agreement shall be, unless otherwise agreed by the parties
and consistent with applicable laws and regulations, agency documents
representing the parties'
considered position on the issues addressed therein. Where the
DOE has determined, pursuant to applicable laws and regulations,
that information or documents are entitled to confidentiality,
the State will be provided access to view only, but not copies
of, such information or documents until it provides the DOE with
written assurance that the State will maintain the confidentiality
of such information or documents, at which time copies will be
provided to the State. Nothing in this Agreement shall affect
the rights either party may have under the Freedom of Information
Act or other applicable laws and regulations."
Question #9:
Does a State's active
participation in the AIP program waive any State or DOE rights
or responsibilities under applicable laws?
Answer:
No, participation in the AIP program does not diminish or otherwise
affect any State or DOE authority to fully carry out its rights
and responsibilities under applicable laws and regulations. The
following language regarding preservation of the parties'
rights shall be included in all new and renegotiated AIPs:
-
"This Agreement will
in no way diminish or otherwise affect the State's
authority to fully carry out its rights and responsibilities under
applicable laws and regulations nor will it affect the DOE's
ability or right to raise any defenses available under law in
the event the State may initiate and administrative or judicial
enforcement action against the DOE. Subject to applicable security,
classification, and other confidentiality laws and regulations,
nothing in this Agreement shall be construed to prohibit the parties
from using information developed under this Agreement in furtherance
of their statutory duties, rights and obligations."
Question #10:
What is the States'
role in "independent
verification" of the
effectiveness of DOE monitoring systems?
Answers:
A State's independent
verification role includes evaluation of DOE environmental monitoring
programs and systems for air, groundwater, surface water, soils,
and biological parameters at DOE sites to verify that the Department's
activities have not adversely impacted the public health and safety
and the environment. The following language regarding States'
independent verification activities shall be included in all new
and renegotiated AIPs:
-
"DOE will provide resources
to the State to support the State's
independent evaluation of programs for monitoring air, groundwater,
surface water, soils, and biological parameters at and in the
vicinity of the DOE site(s). The State's
evaluation of the DOE's
environmental monitoring programs for the [DOE site(s)]
may include, as appropriate, review of the following activities
or systems relating to environmental monitoring: monitoring protocol,
system design, construction, operation and maintenance; sampling
methodology, locations, frequency, procedures and parameters;
quality assurance and quality control (QA/QC) methodology, plans
and implementation; data collection, verification and management
systems; chain-of-custody procedures and implementation; and reporting
methods. The DOE will support periodic State monitoring of discharges,
emissions and biological parameters as necessary to verify the
effectiveness of DOE's
monitoring program."
Question #11:
Can States use AIP funds to support personnel, equipment, and
services that are not used for AIP activities?
Answer:
No. However, support personnel, equipment and services may be
engaged in AIP and non-AIP activities. In such instances, a State
must only allocate those costs and charges associated with the
AIP to the AIP grant. The Office of Budget and Management (OMB)
and DOE regulations provide objectives, policy guidelines, and
requirements for federally-assisted programs to bear their fair
share of costs. These requirements are specified in OMB circular
A-87, "Cost Principles
for State and Local Governments,"
and in DOE regulations under 10 C.F.R. part 600.420 "Standards
for Financial Management Systems"
and are standard requirements listed in all AIP grant instruments.
To ensure state personnel are aware of and understand this obligation,
the following language regarding allocation of costs must be included
in the grant and in new and renegotiated AIPs:
-
"The State understands
that the use of funds authorized by this agreement are for services,
personnel, and equipment that are directly related to AIP program
activities. The State shall not use AIP program funds to support
activities not related to the AIP program. To the extent that
personnel, equipment, or services are used for both AIP and non-AIP
activities, the State shall allocate its costs and charge to the
AIP grant only that portion of the cost of the personnel, equipment,
or services that is used to support AIP program activities."
Question #12:
In addition to the mandatory AIP provisions discussed above, are
there other provisions that must be included in all new and renegotiated
AIPs?
Answer:
Yes, the following provisions related to termination, DOE financial
and technical assistance, and authority to enter into the agreement
must be included in all new and renegotiated AIPs:
A. Termination
-
"This Agreement shall
continue in effect through [Date] and may be extended
as mutually agreed. The parties agree that they will review the
terms, activities and funding levels of the Agreement on an annual
basis to determine if any modifications are necessary. This Agreement
shall only be amended or terminated by the written mutual agreement
of both parties; provided, however, consistent with the laws and
regulations applicable to the grant, DOE's
funding obligations under this Agreement may be suspended or terminated
by the DOE, in whole or in part, if DOE determines that the State
is not in compliance with the terms and conditions of the Grant
Provisions and provides the State ninety (90) days prior written
notice specifying such noncompliance and the State's
right to appeal."
B. DOE Financial and Technical Assistance
-
"The DOE will provide
resources to the State to support the State's
evaluation of the DOE's
environmental monitoring programs for the [DOE site(s)]
as outlined in Attachment [ ? ], and for other State
actions as outlined in Attachment [ ? ]. The DOE will
provide resources to the State as described in (Section on "Annual
Joint Funding Assessments").
All funds provided to [State] under this Agreement
are federal funds to be administered by the State consistent with
the terms and conditions of the grant and the DOE Financial Assistance
Rules set forth in 10 C.F.R. Subchapter H, Part 600. The DOE
will provide technical support requested by the State, to the
extent it has such capability available."
C. Authority to enter into the Agreement
-
"THIS AGREEMENT is voluntarily
entered into between the United States Department of Energy (DOE),
under the authority of 42 U.S.C. 7101 et seq., and the
State of , under the authority of
[include reference to State authority].
[For renegotiated AIPs] This Agreement supersedes the Agreement-in-Principle
executed on [date] ."
ATTACHMENT A.1
SUMMARY OF MANDATORY LANGUAGE PROVISIONS
1. Regulatory and non-regulatory activities
-
"The parties to this
Agreement further understand that the oversight activities authorized
by this Agreement are intended to supplement activities conducted
under applicable environmental laws and regulations, but not to
support specific State regulatory, permitting, and legally-required
environmental oversight activities, such as issuance of regulatory
permits, the review of DOE regulatory submissions when such review
serves primarily as the basis for State action under regulatory
programs, required regulatory inspections, required monitoring,
issuance of regulatory notices of violation and other citations,
nor to support the activities of the Site Specific Advisory Board(s).
Instead, the Agreement is intended to support the non-regulatory
activities of [State] in working with the DOE to
evaluate the adequacy of DOE activities related to environmental
monitoring and to support periodic State monitoring of discharges,
emissions, or biological parameters as necessary to verify the
effectiveness of the DOE programs. The Agreement recognizes the
continued need for [State] to have access to DOE
facilities and to exchange relevant technical information with
the DOE to support the State's
environmental monitoring efforts."
AIP grant paperwork must also include an express prohibition on
the use of AIP funds for state regulatory purposes.
2. No enlargement of state regulatory activities
-
"The parties to this
Agreement understand that the Agreement does not represent an
extension or enlargement of any regulatory authority that
[State] has under applicable laws."
3. Lead agency
-
"DOE's
designated lead for purposes of this Agreement is DOE's
____________Operations Office (DOE-__).
The State's designated
lead for purposes of this Agreement is the ______ [State
Agency lead] ."
4. Annual joint funding assessment/Anti-Deficiency Act/Carry-over
funding.
-
"The DOE and the State
will take all necessary steps and use their best efforts to obtain
timely funding to meet their commitments under this Agreement.
The DOE and the State will jointly assess the level of funding
on a year-to-year basis. The annual funding level assessment
will be based on the DOE budget for that year, the State's
timely submittal of an annual proposed scope of work, and consideration
of actual expenditures from the previous program year. The parties'
performance under this Agreement is subject to the availability
of funds. No provisions herein shall be interpreted to require
obligation or payment of funds in violation of the Anti-Deficiency
Act, 31 U.S.C. 341."
5. State quarterly performance reporting in AIP instrument
In addition to the grant reporting requirements, the following
language requiring performance reports shall be included in either
the grant or the AIP:
Copies of the state quarterly performance reports should be submitted
to Michael Kleinrock, Director, Office of Environmental Activities,
(EM-22), 1000 Independence Avenue, S.W., Room 1H-088 #29, Washington,
D.C. 20585.
6. DOE data release within 90 days
-
"The DOE will promptly
furnish to the State annual (and/or quarterly) reports on the
[DOE site(s)] environmental monitoring
data. The DOE data reports will be released to the State within
ninety (90) days after receipt from the laboratory and completion
of the appropriate level of review and quality assurance/quality
control (QA/QC) validation. Upon request by the State, the DOE
also will release a copy of the unvalidated data at the same time
the validated data is released to the State. If the DOE is unable
to release data within ninety (90) days, the DOE will promptly
notify the State and explain the circumstances related to the
timing of the release, and provide an estimated time frame for
release of the data."
7. Need-to-know
-
"As requested by the
State, the DOE will clarify and provide written explanation to
the State of the "need-to-know"
security information requirements specified in DOE and other Federal
security requirements governing classified and sensitive unclassified
information (e.g., 10 C.F.R. Parts 1016 and 1017, Executive Order
12356, and DOE Order 5635.1A) that apply to access to certain
types of information or areas at the [DOE site(s)]
."
8. State assurances to protect DOE classified data
-
"The DOE will ensure
that the State has access to all monitoring data relating to the
[DOE site(s)] generated by or available to the DOE.
In carrying out the provisions of this Agreement, the parties
will comply with applicable security laws and regulations, Privacy
Act and Freedom of Information Act requirements, and trade secret,
patent and related confidentiality requirements. Information
designated by the DOE as "classified"
in accordance with applicable laws, regulations or executive orders
or which otherwise is entitled to confidentiality under applicable
laws, regulations or orders shall not be released by the State
unless authorized by the DOE pursuant to applicable laws, regulations
or executive orders. Documents provided by either party under
this Agreement shall be, unless otherwise agreed by the parties
and consistent with applicable laws and regulations, agency documents
representing the parties'
considered position on the issues addressed therein. Where the
DOE has determined, pursuant to applicable laws and regulations,
that information or documents are entitled to confidentiality,
the State will be provided access to view only, but not copies
of, such information or documents until it provides the DOE with
written assurance that the State will maintain the confidentiality
of such information or documents, at which time copies will be
provided to the State. Nothing in this Agreement shall affect
the rights either party may have under the Freedom of Information
Act or other applicable laws and regulations."
9. No waiver of rights
-
"This Agreement will
in no way diminish or otherwise affect the State's
authority to fully carry out its rights and responsibilities under
applicable laws and regulations nor will it affect the DOE's
ability or right to raise any defenses available under law in
the event the State may initiate an administrative or judicial
enforcement action against the DOE. Subject to applicable security,
classification, and other confidentiality laws and regulations,
nothing in this Agreement shall be construed to this Agreement
in furtherance of their statutory duties, rights and obligations."
10. Independent verification
-
"DOE will provide resources
to the State to support the State's
independent evaluation of programs for monitoring air, groundwater,
surface water, soils, and biological parameters at and in the
vicinity of the DOE site(s) . The State's
evaluation of the DOE's
environmental monitoring programs for the [DOE site(s)]
may include, as appropriate, review of the following activities
or systems relating to environmental monitoring: monitoring protocol,
system design, construction, operation and maintenance; sampling
methodology, locations, frequency, procedures and parameters;
quality assurance and quality control (QA/QC) methodology, plans
and implementation; data collection, verification and management
systems; chain-of-custody procedures and implementation; and reporting
methods. The DOE will support periodic State monitoring of discharges,
emissions and biological parameters as necessary to verify the
effectiveness of DOE's
monitoring program."
11. Allocation of costs
-
"The State understands
that the use of funds authorized by this Agreement are for services,
personnel, and equipment that are directly related to AIP program
activities. The State shall not use AIP program funds to support
activities not related to the AIP program. To the extent that
personnel, equipment, or services are used for both AIP and non-AIP
activities, the State shall allocate its costs and charge to the
AIP grant only that portion of the cost of the personnel, equipment,
or services that is used to support AIP program activities."
12. A. Termination
-
"This Agreement shall
continue in effect through [Date] and may be extended
as mutually agreed. The parties agree that they will review terms,
activities and funding levels of the Agreement on an annual basis
to determine if any modifications are necessary. This Agreement
shall only be amended or terminated by the written mutual agreement
of both parties; provided, however, consistent with the laws and
regulations applicable to the grant, DOE's
funding obligations under this Agreement may be suspended or terminated
by the DOE, in whole or in part, if DOE determines that the State
is not in compliance with the terms and conditions of the Grant
Provisions and provides the State ninety (90) days prior written
notice specifying such noncompliance and the State's
right to appeal."
B. DOE Financial and Technical Assistance
-
"The DOE will provide
resources to the State to support the State's
evaluation of the DOE's
environmental monitoring programs for the [DOE site(s)]
as outlined in Attachment [ ? ], and for other
State actions as outlined in Attachment [ ? ]. The DOE
will provide resources to the State as describes in (Section on
"Annual Joint Funding
Assessments"). All
funds provided to [State] under this Agreement
are federal funds to be administered by the State consistent with
the terms and conditions of the grant and the DOE Financial Assistance
Rules set forth in 10 C.F.R. Subchapter H, Part 600. The DOE
will provide technical support requested by the State, to the
extent it has such technical capability available."
C. Authority to enter into the Agreement
-
"THIS AGREEMENT is voluntarily
entered into between the United States Department of Energy (DOE),
under the authority of 42 U.S.C. 7101 et seq., and the
State of , under the authority of
[include reference to State authority].
[For renegotiated AIPs] This Agreement supersedes the Agreement-in-Principle
executed on [date] ."
Other Mandatory Provisions That May Be Applicable
Attachment D contains three AIP provisions that are mandatory
for certain sites. The first provision relates to the handling
of state-generated waste and is mandatory if it is anticipated
that a state's sampling
activities will generate hazardous waste mixed with radioactive
materials.
The second provision addresses the allocation of costs for emergency
response activities. It is mandatory if emergency response activities
will be included in a new or renegotiated agreement, but the AIP
does not incorporate the Attachment E suggested model provisions
related to state allocation of program costs.
The third provision distinguishes AIP activities from state activities
conducted under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), and is mandatory if a state has a
CERCLA grant and an AIP grant for a given site.
ATTACHMENT B
OTHER AIP PROGRAM POLICIES
Question #1:
What is the role of local governments in AIP program emergency
management planning activities?
Answer:
As indicated in the suggested model provisions related to emergency
response in Attachment E, it is DOE policy that AIP provisions
regarding emergency management planning activities encourage active
participation by applicable local governments.
Question #2:
Which AIP provisions should be addressed through the development
of site-specific procedures and protocol?
Answer:
Generally, site-specific procedures and protocols should be developed
to address AIP program concerns that must be tailored to site
conditions, such as: State generation of hazardous and/or radioactive
wastes; on-site photography; and notification of events which
may trigger public interest in DOE activities but do not warrant
formal notification requirements under applicable law or DOE orders.
Other issues may also warrant the development of site-specific
protocol as the parties deem necessary. Refer to Attachment C
for sample language for several site-specific AIP provisions.
Question # 3:
Can States use AIP funds to assess DOE compliance with DOE orders?
Answer:
No. States cannot use AIP funds to assess DOE compliance with
DOE orders; this is outside the intended scope of the AIP program.
DOE orders address a variety of internal management issues not
necessarily related to the purpose of the AIP program. Further,
the issue of whether, and if so, how to increase the scope of
external regulation of DOE's
programs is currently under review by the "Advisory
Committee on External Regulation of DOE Nuclear Safety."
This Committee is tasked to study a number of issues related
to the examination of external regulation of the Department and
provide advice, information and recommendations to the Secretary
of Energy, the White House Office of Environmental Policy and
the Office of Management and Budget. This process is the appropriate
process to determine the scope of external regulation of DOE's
programs and to identify the funding sources for any such oversight.
Question #4:
Can States use AIP funds to investigate the cost-effectiveness
of DOE environmental programs?
Answer:
Yes, States can use AIP funds to initiate independent cost benefit
studies, or investigations of the cost-effectiveness of DOE environmental
monitoring programs. The investigation of such costs would be
a natural extension of the State's
independent verification activities to made recommendations on
the effectiveness of DOE's
monitoring programs. However, the State's
AIP funding may only be used to investigate the cost-effectiveness
of DOE environmental monitoring programs and not general DOE
programs unrelated to environmental monitoring.
Question #5:
Will DOE make a "long
term" commitment to
the AIP program?
Answer:
DOE has already informed the States that individual State AIPs
will, upon termination, be renewed for another five-year term.
AIPs were not negotiated at the same time. Therefore, as each
AIP program progresses into its second term, the Department will
evaluate each program to determine whether the program goals are
being achieved and whether adequate funding is available to continue
the program at current levels.
Question #6:
May States use AIP funds for offsite transportation concerns?
Answer:
No. The current program policy expressly prohibits the use of
AIP funds to address off-site transportation of hazardous and
radioactive materials and emergency preparedness activities.
All new and renegotiated AIPs that contain emergency response
activities should recognize this prohibition. The following language
may be included:
-
"AIP funds shall not
be used to address State monitoring and oversight of the DOE's
off-site transportation of hazardous and radioactive materials,
resolution of routing issues, or emergency preparedness activities
related to such transportation."
However, DOE is currently re-evaluating the existing AIP policy
that restricts the use of AIP funds to address off-site transportation
of hazardous and radioactive materials and related emergency preparedness
activities. A number of issues are being reviewed, including
concerns related to existing state funding for transportation
of specific shipping campaigns of radioactive materials and recognition
of the congressionally mandated role of other federal agencies
in this arena, such as the Federal Emergency Management Agency,
the Department of Transportation, and the Nuclear Regulatory Commission.
States will be kept informed on the status of DOE's
review of the current policy and provided an opportunity to comment
on this issue at future AIP program review meetings and meetings
of other State/DOE transportation forums.
Question #7:
May States use AIP funds to initiate new State environmental programs?
Answer:
No. The agreements are not intended to support the development
of new State environmental-monitoring programs. The agreements
are intended to support periodic (not long-term) State
monitoring of outfall discharges, emissions, or biological parameters
as necessary to verify the effectiveness of DOE's
monitoring program. However, when proposed State projects are
considered to be beneficial to the DOE, such projects may be supported
through separate agreements (with funding provided through grants
or cooperative agreements).
Question #8:
May States use AIP funds to conduct health risk assessment or
epidemiological studies?
Answer:
No. The agreements are not intended to include support
for health risk assessments or epidemiological studies. These
studies and related funding are currently managed by the DOE's
Office of Epidemiological Studies. The contact for these studies
is Barbara Brooks, (301) 903-4674. However, the agreements may
include support for the determination of the need for possible
health studies. Where necessary to address this type of state
concern, general language can be included in the agreements to
provide as follows:
-
"The State may assess
the need for a health study of its citizens from the past and
present operations at the facility; if the State believes that
a health study is required, the DOE and the State will negotiate
in good faith to reach a mutual agreement as to the scope, methodology,
financing, and period of the study."
Question #8:
May States use AIP funds to conduct investigations of the health
and safety of DOE workers or DOE contractors at DOE facilities?
Answer:
No. The agreements are not intended to address the health
and safety of DOE employees or DOE contractors at DOE facilities.
These issues are being addressed by the DOE in consultation with
the Occupational Health and Safety Administration.
Question #9:
What are the limitations, if any, on State purchases of laboratory
and monitoring equipment for use in the AIP program?
Answer:
Purchases of lab equipment, and monitoring equipment — where specifically required to support the oversight and monitoring
of DOE activities (e.g., radiation and air monitoring equipment)
— can be provided under
the agreements. (It should be noted, however, that supplementing
State instrumentation should not be a significant item in agreements,
since the States are expected to focus on validation of DOE's
data rather than producing new data.) Each Operations Office
should investigate the availability of DOE instrumentation that
can be loaned to the State, and DOE services for equipment maintenance
and calibration; such instrumentation and services should be provided
by the DOE where possible.
Question #10:
What are the limitations, if any, on State purchases of office
space, equipment and vehicles for use in the AIP program activities?
Answer:
Each Operations Office should make arrangements to provide the
States with office space and office equipment at DOE facilities.
Where DOE office space is not available, the Operations Offices
may support the limited leasing of office space by a State; in
such cases, office furniture and equipment should be provided
by the DOE under a loan arrangement, where DOE retains title to
the furniture and equipment. Cars or other vehicles can also
be provided by DOE motor pools, where appropriate, rather than
through grants to the States for vehicle purchases.
ATTACHMENT C
OPTIONAL AIP PROVISIONS
This attachment contains sample language for a number of optional
provisions that sites may choose to include or not to include
in their AIPs. Optional AIP provisions are not mandatory and
the language presented is a sample which may be used as is, serve
as a guideline for the creation of a modified provision to suit
the site-specific needs of a particular AIP program, or not included
in a new or renegotiated AIP.
1. Public Participation/Public Accountability in the DOE Planning
Process
-
"The DOE will make available
to the public in a timely manner all environmental planning documents
that require public comment. The DOE will promptly reply to,
and confirm receipt of, requests for information regarding environmental
compliance issues and submittals of public comment on environmental
compliance activities at the [DOE site(s)] . DOE
will promptly confirm receipt of and respond to any State recommendations
made regarding any major program objectives developed pursuant
to this Agreement. If the DOE is unable to respond to a State
or public inquiry within 90 days, the DOE will notify the State
or member(s) of the public of the reasons for the delay."
13. Notification of Events
-
"In addition to notification
requirements required by applicable laws, regulations or permits,
the DOE will evaluate within 48 hours the need to notify the State
of any potential/actual on-site incident which could be of interest
to the news media and/or the public resulting from the incident.
To the extent practical, DOE will notify the State prior to issuance
of a formal "News Release"
or will promptly notify the State if a significant number of inquiries
concerning the incident are received from the media or the general
public."
14. Travel, Training and Subcontract Services
-
"The State shall use
funding provided under this Agreement to support training and
travel activities which are directly related to the program activities
developed and implemented pursuant to this Agreement. Funds provided
to the State pursuant to this Agreement may also be used by the
State to hire subcontractor or non-state services to develop,
implement or fulfill State obligations under this Agreement, as
long as those services are directly related to the program activities
developed and implemented pursuant to this Agreement."
15. Evaluation of Quality Assurance/Quality Control Programs
-
"The State will review
quality assurance programs for the [DOE site(s)]
monitoring, including actions taken to provide adequate confidence
in the validity and integrity of the monitoring methodologies
and reported monitoring data, and actions taken to ensure the
protection, retrievability, and possible replication of data.
The State will identify any modifications or improvements needed
to improve quality assurance programs. The State will also review
quality control programs, including technical assessment standards,
methodology and measurement standards. The State will identify
any modifications or improvements needed to improve quality control
programs. DOE and the State will meet to discuss and establish
quality assurance and quality control standards that both parties
mutually agree upon."
16. Primary Coordinator
All AIP programs must have a "lead
agency" which administers
the AIP grant funds. But some AIP States also have a "primary
coordinator," an agency
division or sister agency which has been delegated the responsibility
for day-to-day oversight of all AIP program activities. The State
organization designated as the primary coordinator generally serves
as the conduit for communication, reporting, and programmatic
guidance as well as the interface between State agencies and the
DOE. The following is a sample language for designating a "primary
coordinator":
-
"For the purposes of
this Agreement, the primary coordinator for the State is [State
Agency(ies)/Division(s)], and the primary coordinator for
the DOE is the [DOE Operations Division]. Both the DOE
and State coordinators shall assure implementation and coordination
of the provisions of this Agreement. Unless otherwise provided
herein, all reports, documents or notifications required by this
Agreement will be submitted to the appropriate coordinator."
17. Bimonthly or Quarterly Meetings
-
"The DOE will meet with
representatives of the State [every two (2) months or once every
three (3) months - bimonthly/quarterly]
to assure the exchange of data and information compiled pursuant
to this Agreement. These bimonthly/quarterly meetings may also
include reports or briefings, as agreed by the parties, regarding
the status of activities at the [DOE site(s)] ."
ATTACHMENT D
MANDATORY PROVISIONS IF APPLICABLE
This attachment contains provisions that may be mandatory for
an AIP if the State: (1) chooses to develop an emergency response
program but does not want to use the suggested language in Attachment
E; (2) receives DOE grant funding for both AIP and monitoring
activities conducted under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA); and (3) if the parties
anticipate that a state's
sampling activities will generate hazardous waste mixed with radioactive
materials.
If emergency response activities will be included in a new or
renegotiated AIP but the AIP does not incorporate the suggested
model provisions related to State allocation of program costs
of emergency management activities in Attachment E, the mandatory
language in this section must be included.
This attachment also contains a mandatory provision that is applicable
if a state has both a CERCLA grant and an AIP grant for a given
site. If so, the mandatory provision that distinguishes these
different program activities must be included.
If a state will be conducting environmental sampling and the parties
anticipate that such activities could generate hazardous waste
mixed with radioactive materials, then the mandatory language
must be included.
1. State Generation of Hazardous/Radioactive Waste (if applicable)
If a state will be conducting environmental sampling and the parties
anticipate that such activities could generate hazardous waste
mixed with radioactive materials, then the following mandatory
language must be included:
-
"The parties to the
Agreement understand that in the event the State anticipates that
an independent sampling event(s) could generate hazardous waste
and/or hazardous substances mixed with radioactive materials,
the State will promptly notify DOE prior to the sampling event(s).
The parties will then meet to discuss issues related to responsibility
for the proper handling, storage, and disposal of any waste to
be generated, including but not limited to, issues concerning
the title to the material, potential fees for disposal, and any
other relevant regulatory issues (e.g., land disposal restrictions
and storage capacities). The parties agree to finalize a plan
for the treatment, storage and disposal for State-generated waste
under this Agreement prior to the State generating such waste."
2. Emergency Response Allocation of Costs (if applicable)
If a new or renegotiated AIP does not incorporate the model AIP
provisions related to emergency management planning in Attachment
E, the following mandatory language must be included:
-
"If DOE AIP funds are
used to support emergency management services or equipment that
will also be used to support other State and local community programs
not solely related to DOE AIP activities, or programs supported
by other entities, the State shall allocate its costs and charge
to the AIP grant only that portion of the cost of the services,
equipment, or equipment maintenance used to support AIP program
activities."
3. Distinguish/Identify IAG obligations (if applicable)
If there are ongoing DOE CERCLA activities within a State and
the State's AIP program
will interface with the CERCLA activities at the DOE site, the
following language that distinguishes and clarifies the scope
of DOE's financial and
technical support of AIP activities shall be included in all new
and renegotiated AIPs:
-
"The parties recognize
that the responsibilities and obligations provided in the Interagency
Agreement (IAG) between themselves and Region
of the U.S. Environmental Protection Agency (EPA) pursuant to
section 120 of the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), as amended by the Superfund Amendments
and Reauthorization Act of 1986, are separate from the responsibilities
and obligations contained in this Agreement. The State's
IAG-related costs will be covered in the IAG."
ATTACHMENT E
EMERGENCY RESPONSE ACTIVITIES
States may or may not elect to fund emergency management activities
with AIP money. If they do, the AIP should include an Emergency
Management section. This section may be implemented at any time
— when the AIP is first
negotiated, at renewal, or through amendment. This Attachment
provides examples of items that might be appropriate in an AIP's
Emergency Management section (most have come directly from existing
AIPs). These items should be considered neither requirements
or restrictions. Since funding is not available to support
all of these activities, the AIP should be tailored to reflect
the State's most urgent
and realistic needs in order to fulfill the objectives of the
AIP. If emergency response activities will be included in
a new or renegotiated AIP but the AIP does not incorporate the
suggested model provisions related to State allocation of program
costs of emergency management activities in this section, the
mandatory language in Attachment D must be included. Subsequent
paragraphs address the following topics:
-
Purpose
DOE Commitment to Emergency Response
Coordination of Emergency Planning and Public Information
Multi-jurisdictional Planning
Emergency Preparedness Training
Organization
Communications
Facilities
Emergency Staff
Drills and Exercises
Personnel Detection/Protection Equipment
Reporting
4. Purpose
-
"The parties to this
Agreement recognize that the DOE's
provision of technical and financial support to [State]
is intended to strengthen the coordination among the emergency
response organizations at the [DOE site(s)] within
[State] and the counties, districts, and local
governments in planning for and responding to incidents that may
occur at the [DOE site(s)] including on-site incidents
that may have off-site impacts. To this end, the Agreement provides
for a number of emergency response planning initiatives, including
cooperative planning, conducting joint training exercises, and
developing public information regarding emergency preparedness
activities. [DOE site(s)] and the [State
emergency management division] shall consult whenever
there are changes in [DOE site(s)] operations that
may have an impact on the State's
emergency response program."
5. DOE Commitment to Emergency Response
If a State wishes to have emergency management planning activities,
as part of its AIP program, the parties may want to include the
following suggested language that recognizes DOE's
commitment to its own emergency response activities:
-
"DOE is committed to
ensuring that its facilities are safe and has established an emergency
response program to ensure the safety of its workers and the communities
that surround DOE facilities. Through a series of DOE orders,
policy, and requirements, the Department has established the Emergency
Management System (EMS). In addition, DOE order 5500.4A directs
public affairs actions for emergency situations and the development
of public information plans to ensure that such plans are an integral
part of the emergency response effort; and DOE Order 5530.3 establishes
a Radiological Assistance Program to provide assistance for on-site
and off-site incidents when requested by other Federal agencies
and/or State, local, and tribal authorities in dealing with radiological
incidents. Collectively, these and other DOE orders and policy
establish the foundation of the Department's
emergency management program with a goal of assuring that the
DOE is ready to respond promptly, efficiently, and effectively
to any emergency involving DOE facilities or requiring DOE assistance."
"It is within the EMS
framework that the parties to this Agreement recognize that the
DOE's provision of technical
and financial support to [State] is intended to
strengthen the coordination among the emergency response organizations
at the [DOE site(s)] within [State]
and the counties, districts, and local governments in planning
for and responding to incidents that may occur at the [DOE
site(s)] including on-site incidents that may have off-site
impacts. To this end, the Agreement provides for a number of
emergency response planning initiatives, including cooperative
planning, conducting joint training exercises, and developing
public information regarding emergency preparedness activities."
6. Coordination of Emergency Planning and Public Information
-
"The [State
emergency management division] shall manage the development
of the State and local government off-site response program for
addressing incidents that may occur at the [DOE site(s)]
. The program will include the review, revision, and maintenance
of existing emergency preparedness documents; conducting coordinated
planning with local governments; assessing the need to develop
an off-site communication system to support State and local government
needs in accordance with the requirements established in the plans;
coordinating the emergency preparedness planning conducted under
this Agreement with other State and local emergency response planning
to promote the development of integrated programs; and coordinating
joint exercises and training drills with the DOE. The
[State emergency management division] , in coordination
with the DOE, the [State AIP lead/coordinating agency]
, and local governments, shall develop and conduct a public
information program to educate the public in the event of an on-site
incident that may potentially impact off-site populations around
the [DOE site(s)] . The public information program
shall include assisting local governments in developing public
information materials and programs related to local and State
preparedness for emergencies at the [DOE site(s)] ."
7. Multi-jurisdictional Planning
-
"The [State emergency
management division] shall reevaluate, revise, complete,
and maintain as necessary, the multi-jurisdictional plan for the
DOE site(s) located in the State. The plan will include the organizations,
authorities, and responsibilities for local governments'
response, and response authority and responsibilities for the
State government. The planning effort will include the development
of local and State agency procedures necessary to comply with
the basic plan. The planning effort may include:
-
Participation in hazards assessment studies at the [DOE
site(s)] ;
Assisting local governments in developing public information materials
and programs related to local and state preparedness for emergencies
at the [DOE site(s)]
Developing methodology for performing, documenting, and reporting
needs analyses of planning, training/exercise, public information,
communications and warning, and population protection measures
for incidents at the [DOE site(s)]; and
Conduct of assessments of current Federal/ [State] /Local
emergency response capabilities related to an incident at the
[DOE site(s)] ; this may include activities necessary
to:
- Determine the criteria to be used in assessing the emergency
response program;
- Set guidelines for improving [State] and local
programs in order to achieve the emergency response criteria set
by [State] ;
- Develop and maintain a database of [State]
and Federal emergency response assets, their locations, availability,
and capabilities;
- Identify the critical skills required to execute the emergency
plans; and
- Identify shortfalls in emergency response capability and preparedness."
8. Emergency Preparedness Training
-
"The [State emergency
management division] , in coordination with the DOE, shall
develop or update, as necessary, a training plan (i.e., implementation
procedures) based on the State plan and conduct training to support
local and state governments'
capability to respond to emergency situations arising from incidents
that may occur at the [DOE site(s)] . Training
activities may include:
- Conducting emergency exercises and other training jointly
with DOE for local governments and emergency response personnel
who could be affected by an emergency at the [DOE site(s)]
;
- Providing radiological training to potentially affected
[State] and local response organizations in conjunction
with DOE;
- Developing and maintaining the skills of personnel in
[State] and local agencies to execute [DOE site(s)]
related emergency plans effectively;
- Hosting of emergency preparedness training sessions and meetings
at [State] emergency response facilities to coordinate
emergency response issues related to the site;
- Conducting or attending training in detection equipment and
personal protection equipment for responders to incidents at the
[DOE site(s)] ; and
- Participating in hazards/risk assessment training specific
to [DOE site(s)] operations for already qualified
personnel."
6. Organization
-
"The [State emergency
management division] shall work with local governments
and State agencies to maintain a response capability necessary
to respond to protect the lives, environment, and property of
citizens in and around the [DOE site(s)] ."
7. Communications
-
"The [State emergency
management division] , in coordination with DOE, shall
assess the need to develop and maintain a communications system
to ensure that events are reported and that vital information
can be disseminated. If such a system will be used to support
other State and local community programs that are not solely related
to DOE activities, or if the planned system will be supported
by other entities, the DOE shall provide to the State only the
DOE's allocated share
of maintaining such a system. Communications activities
may include:
- Providing or upgrading equipment (hardware or software) for
interfacing with communication systems and data-sharing networks
in order to support [State] and local government
needs in accordance with emergency response plans;
- Improving emergency response communications capabilities;
and
- Testing emergency notification systems used to notify
[State emergency management division] , other
State agencies, and the public of incidents at the [DOE
site(s)] ."
8. Facilities
-
"The [State emergency
management division] shall be responsible for assisting
State agencies and local governments in the further development
of State or local Emergency Operations Centers, a forward emergency
response center, a Field Coordination Center and/or a Field Command
Post that would support an emergency at the [DOE site(s)]
in accordance with the State's
multi-jurisdictional plan. If such a system will be used to support
other State and local community programs that are not solely related
to DOE activities, or if the planned system will be supported
by other entities, the DOE shall provide to the State only the
DOE's allocated share
of maintaining such a system."
9. Emergency Staff
-
"The [State emergency
management division] shall assemble and maintain an emergency
response staff to coordinate State and local response to emergencies
at the [DOE site(s)] . The [State emergency
management division] shall designate a knowledgeable emergency
management official as the State's
emergency management point-of-contact (POC) for the AIP, and require
that there be close coordination between that official and a DOE-designated
emergency management official."
"The [State emergency
management division] may employ up to (number negotiated)
emergency management specialists and (number negotiated)
clerical/administrative support to perform or assist in the emergency
preparedness activities specified in this AIP (these may be AIP-dedicated
positions or may be positions shared with other tasks, provided
that their AIP level of effort is proportional to their AIP level
of funding)."
" [State emergency
management division] AIP activities may include participation
by qualified and appropriately security-cleared State employee(s)
or consultant(s) in emergency management activities related to
the [DOE site(s)] , including assisting local and
State emergency response authorities in responding to actual incidents
involving release of hazardous, mixed, or radioactive materials
from the site."
10. Drills and Exercises
-
"The [State
emergency management division] shall, in conjunction or
consultation with the DOE, develop and conduct drills and exercises
in accordance with the multi- jurisdictional plan or other regulatory
requirements."
11. Personnel Detection/Protection Equipment
-
"The [State
emergency management division] shall evaluate the requirements
for the first responder's
detection/protection equipment. The [State emergency
management division] shall procure an provide this equipment
and the specialized training necessary for its use. The
[State emergency management division] also will provide
radiation detection equipment for each designated shelter. If
equipment is to be used to support emergency response activities
conducted by States or local communities that are not solely related
to DOE activities, the DOE shall provide to the State only the
DOE's allocated share
of the purchase price and maintenance of such equipment."
12. Reporting
-
"The [State
emergency management division] shall include a report
of emergency management activity status and accomplishments as
part of the Quarterly Performance Report (required in Attachment
A, Question 5); the report should include the State's
comments, if any, on the effectiveness of the DOE emergency response
program. Copies of the state quarterly performance reports should
be submitted to the DOE program coordinator and to Michael Kleinrock,
Director, Office of Environmental Activities, (EM-22), 1000 Independence
Avenue S.W., Room 1H-088 #29, Washington, D.C. 20585."
ATTACHMENT F
Summary Checklist of Model AIP Provisions and Program Policies
In response to concerns expressed by DOE and State AIP program
representatives, the Office of Environmental Activities has developed
a list of mandatory and non-mandatory model language provisions
for new and renegotiated AIPs. The underlying concepts for the
mandatory provisions are set forth in Attachment A. Other program
policies are set forth in a question and answer format in Attachment
B. The texts of the optional provisions and mandatory provisions
that may be applicable are provided in Attachments C and D respectively.
Suggested language related |
