Local Governments Reimbursement Program

In the event of a release or threatened release of hazardous substances, EPA may reimburse local governments for expenses related to the release and associated emergency response measures. The Local Governments Reimbursement (LGR) Program provides a safety net of up to $25,000 per incident to local governments that do not have funds available to pay for response actions.

To avoid delay in application processing, we recommend submitting applications electronically to the following email address: LGR_Support@epa.gov. See How to Apply for more information and to obtain the application form.

Determining Your Eligibility

To be eligible for the LGR Program, your local government must meet the following requirements:

The applicant must be a general purpose unit of local government.

Local governments that are eligible to receive reimbursement under the LGR Program include any general purpose unit of local government, such as a county, parish, city, town, township, and municipality. Federally recognized Tribes are also eligible for reimbursement under the LGR Program. Special purpose districts of local government are not eligible under the LGR Program.

States are not eligible for reimbursement under the Local Governments Reimbursement program.

States may not request reimbursement on behalf of a local government or a federally recognized Tribe within the state.

The applicant must have legal jurisdiction over the site where the incident occurred.

Only one request for reimbursement will be accepted for each eligible incident. When more than one local government has participated in such a response, the local government that has legal jurisdiction over the site where the incident occurred must submit the application. The application can be made on behalf of all participating local governments. If multiple local governments or agencies have jurisdiction over the site, then the respondents must decide which single government or agency will submit the reimbursement request. If two applications are submitted for the same incident, EPA will accept only the application from the local government with legal jurisdiction.

If two local governments with legal jurisdiction (e.g., a city and a county) both apply for reimbursement, EPA will either return both applications with an explanation or, if one has already been awarded, the second application will be denied. This requirement ensures that EPA does not reimburse more than $25,000 per response and does not reimburse local governments more than once. To avoid this situation, EPA strongly encourages local governments, or agencies within the same local government, to coordinate with each other when seeking reimbursement under the LGR program. This will help local governments obtain the maximum amount of reimbursement funds, particularly in cases where the combined total of reimbursement requests is less than $25,000.

Reimbursement cannot be made to a responsible party.

If the local government applying for reimbursement is also the responsible party, the application will be denied. Responsible parties are liable for response costs regardless of whether they are a local government.

Reimbursement must be for response to hazardous substance, pollutant or contaminant.

Incidents involving petroleum, natural gas, crude oil, or any other specified fractions thereof that are not specifically designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act do not qualify under this program. Some mixed waste may be allowable.

Requirements for Reimbursement

Once a local government has decided to apply for reimbursement, there are some basic requirements that must be met to comply with the regulations of the LGR Program. When completing the LGR application, local governments should pay special attention to the following requirements to facilitate the reimbursement process:

Reimbursement cannot supplant local funds normally provided for a response.

In other words, if a local government budgets for emergency response activities, it must draw from this budget to pay for the cost of a response. However, if a local government's funds have been depleted, then it may be eligible for reimbursement under the LGR Program.

Reimbursable Costs.

All costs for which a local government is seeking reimbursement must be consistent with the Comprehensive Environmental Response, Compensation, and Liability Act, the National Oil and Hazardous Substances Pollution Contingency Plan, and federal cost principles outlined by the Office of Management and Budget. In general, EPA will consider reimbursement for these costs:

Disposable materials and supplies purchased during a specific response
Rental or leasing of equipment used for a specific response
Special technical services and laboratory costs
Services and supplies purchased for a specific evacuation
Payment of unbudgeted wages for employees responding to the specific incident (for example, overtime pay for response personnel)

Cost recovery must be pursued prior to applying for reimbursement.

The applicant must complete the Cost Recovery Summary Table, included in the application, to document the background and status of cost recovery efforts. It should be clear that all available sources of cost recovery (i.e., responsible parties and their insurance, the state, and local government insurance) have been pursued. Although not required, it is recommended that a copy of all related correspondence also be included in the application to document the applicant's cost recovery efforts. Potential cost recovery sources should be given a minimum of 60 days to respond before an LGR application is filed. By signing on the last page of the application, a local government is certifying that cost recovery was pursued. If costs are recovered after reimbursement is received, you must return the recovered amount to EPA.

Detailed cost documentation must be submitted with the application.

The applicant must complete the detailed Cost Breakdown Table, included in the application. All costs for which reimbursement is being requested must be listed and supporting documentation (e.g., invoices, sales receipts, time sheets, or rental agreements) must be attached. Costs incurred for long-term remedial measures do not qualify under the LGR Program. Reimbursement is made only for temporary emergency measures conducted in response to hazardous substance releases, or threatened releases.

The application must be signed by the local government's highest ranking official.

Examples of the highest-ranking official include the: Mayor, City Manager, Board of Commissioners Chair, County Judge, or head of a federally recognized Tribe. In instances where the highest-ranking local official is unable to sign the application form, a letter of delegation along with the application that authorizes a delegate to sign the application on his or her behalf, must be submitted.

Applications must be submitted to EPA within one year of the "date of response completion" of the response.

For the LGR Program, the date of completion is the date when all field work has been completed and all project deliverables (e.g., lab results, technical expert reports, or invoices) have been received by the local government. The date of completion is not determined by cost recovery efforts, which can continue after an application for reimbursement is submitted. In general, a local government should allow at least 60 days for each potential source of reimbursement to respond to a request for repayment before applying to the LGR Program. EPA will consider late applications on a case-by-case basis.

How to Apply

Please review Determining Your Eligibility and Requirements for Reimbursement before starting your application.

Download the Application Package for Reimbursement to Local Governments Fillable Form

You must submit your application to EPA within one year of the date of response completion, which is the date when all field work has been completed and all project deliverables (e.g., lab results, technical expert reports, or invoices) have been received by the local government. EPA will consider late applications on a case-by-case basis.

To avoid delay in application processing, we strongly recommend you download the fillable PDF form and submit your application electronically to: LGR_Support@epa.gov. Because the document must be signed by the highest-ranking local government official, please make sure the signature is provided (Section 5. Certification and Authorization). The highest-ranking local government officials can e-sign the document, or this page can be printed, signed, and scanned.

We also encourage you to include your email on the application form for faster processing (add to Section 1.b. Contact Name and Telephone Number).

If you cannot email the application, you may mail it through the U.S. Postal Service 1st class, unregistered. Any other methods of delivery will delay receipt of your application by EPA. Mail completed applications to:

U.S. Environmental Protection Agency
Local Governments Reimbursement Program
Attn: Miranda Magdangal, Mail Code 5104-A
1200 Pennsylvania Avenue
Washington, D.C. 20460

You should receive a confirmation postcard or email within one month of the receipt of your application. If your application is complete, and it is approved, you will receive reimbursement within three to six months. If EPA requires more information to process the application, we will contact you for further details. This may increase the time it takes for you to receive reimbursement.

Frequently Asked Questions

Is there a cap on the amount of reimbursement?

The law limits the reimbursement amount to $25,000 per incident.

Can I include more than one incident on a single application?

Yes, you can. However, you must submit all information and cost documentation for each incident. In addition, the incidents should be closely related by type (e.g., 10 anthrax calls in one day) and around the same time. The cap for each application is $25,000 even if you submit more than one incident in an application. Our suggestion is that you submit a separate application for each incident to simplify the review process and maximize your eligible response costs.

How will reimbursement requests be evaluated?

After receiving completed applications from local governments, EPA screens each application for compliance with the basic requirements. Each application will be evaluated on its own merit. EPA will ensure the costs for which reimbursement is being sought are allowable and documented, do not supplant local funds normally provided for emergency response, and that all other possible sources of reimbursement have been exhausted. During the review cycle, the applicant may be contacted to supply additional information or to clarify information in the application. Based on EPA's evaluation of the application, a request may be reimbursed in whole or in part, denied, or held over for reconsideration in instances where funding is limited or currently unavailable.

How does EPA prioritize reimbursement requests?

The law limits the total amount of reimbursement funds that EPA can award each year. If the amount of funds available for reimbursement becomes limited, EPA uses a financial burden formula to give priority to those local governments for which the response costs create the greatest financial burden. Once EPA reviews an application and determines it is complete and complies with all regulatory requirements, EPA calculates the applicant's financial burden by comparing the eligible response costs to the locality's aggregate income (i.e., the per capita income of the locality multiplied by the locality's population). The purpose of this requirement is to provide financial relief to local governments that face significant financial burden from responding to a hazardous substance incident.

Because the annual funding ceiling for the LGR program has not yet been reached, EPA has not used financial burden to prioritize reimbursements and has reimbursed all eligible applications to date. If reimbursements for a given year exceed the total amount of funds available for that year, EPA will be required to use the financial burden calculation to prioritize reimbursements. However, EPA may also consider other financial information demonstrating a locality's financial hardship (e.g., the impact of responding to numerous hazardous substance emergencies in a short time or the financial impact of a recent disaster). In cases where an application is eligible for reimbursement but cannot be reimbursed due to limited funds, EPA will hold the application for up to one year and will reimburse the local government if funds become available.

How can I check the status of my application?

You can check the status of your application by contacting LGR_Support@epa.gov and identifying your local government, the incident type, and the date on which the response occurred.

Additional Resources

The complete LGR regulations can be found at 40 CFR part 310.
Federal Register Notices
- September 28, 2005: Reimbursement to Local Governments for Emergency Responses to Hazardous Substances Releases, Final Rule; Technical Correction | PDF(2 pp, 177 K, About PDF)
- February 18, 1998: Reimbursement to Local Governments for Emergency Responses to Hazardous Substances Release, Interim Final Rule. 63 FR 8283 | PDF (14 pp, 229 K, About PDF)
Regional Emergency Management Contacts