Funding technical assistance for communities

[Brian Holtzclaw <holtzclaw.brian@epa.gov>]

Hello, I serve the Environmental Justice (EJ) Program in the EPA Region 4 (Southeast) Waste Division.  I happen to collaborate with multiple stakeholders on EJ and community involvement issues associated with the Superfund law, the Resource Conservation and Recovery Act (RCRA), as well as Federal Facilities (Department of Energy and Department of Defense), and Brownfields sites.  I have had the good fortune of working with the cross-divisional EJ team, regional and national workgroups.  I've worked at EPA, a state environmental agency, the corporate private sector, and EJ/environmental organizations (pro bono volunteer work). 

With respect to Alma Lowry's comment, "I believe that it is crucial for communities to have access to the financial and technical assistance necessary to make that decision for themselves"...... I wholeheartedly agree.  

One of the newest ways our regional waste program has encouraged technical assistance funding for communities that do not qualify for the traditional technical assistance grants (TAGs) for Superfund sites (NPL or NPL proposed sites) --- is trying to get it via enforcement agreements.  We've been able to get the responsible party to agree to pay for technical assistance during cleanups in Jacksonville, FL and Spartanburg, SC.  Here we call them Technical Assistance Plans (TAPs).  For the FL sites, a $50,000 community technical assistance amount was approved...and for the SC sites, one $25,000 and one $50,000 apportionment was recently approved. The community groups really benefit from having this money to pay for an independent technical advisor.  

Even though this legal language (see example below) has been limited here so far to enforcement agreements at superfund-related sites, it may be potentially expanded for use at other kinds of sites/areas of concern.  It seems all one needs is: 1) a willing environmental attorney and regulatory program (e.g., state env. agency, EPA); 2) a willing community group to manage the technical resources; and 3) a willing responsible party to pay for it.

Example:
"Respondent Vigindustries will prepare a plan (hereinafter referred to as the Technical Assistance Plan) providing for and administering up to $50,000 of Respondents resources to be used by a community group for the purpose of providing technical assistance during the response activities conducted pursuant to this Consent Order at this Site."  

[Note: 1) This is an example of legal language recently approved in a Consent Order for a superfund site in Spartanburg, SC; ReGenesis is the community group.  2) A contract between the community group and responsible party lays out the details of how the TAP $$ will be spent and how the technical advisor will be selected, etc (feedback from ReGenesis has indicated the contracts so far have been very satisfactory)]