The Applicant has demonstrated that the that the hazardous materials suits are eligible emergency protective measures. Therefore, this appeal is granted in the amount of $29,742.22. Appeal Letter SENT VIA EMAIL W. Nim Kidd, MPA, CEM Chief Texas Division of Emergency Management; Vice Chancellor - The Texas A&M University System 2883 Highway 71 E. P.O. Box 285 Del Valle, Texas 78617-9998 Shain S. Carrizal Senior Director Human Resources & Risk Management Harris County 1111 Fannin, 6th Floor Houston, TX 77002 Re: Second Appeal – Harris County, PA ID: 201-99201-00, FEMA-4485-DR-TX, Grants Manager Project (GMP) 662381/Project Worksheet (PW) 790, Immediate Threat Dear Chief Kidd and Shain S. Carrizal: This is in response to the Texas Division of Emergency Management’s (Recipient) letter dated October 13, 2023, which transmitted the referenced second appeal on behalf of Harris County (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $29,742.22 for the purchase of hazardous materials suits. As explained in the enclosed analysis, I have determined the Applicant has demonstrated that the hazardous materials suits are eligible emergency protective measures. Therefore, this appeal is granted in the amount of $29,742.22. By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this determination. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals. Sincerely, /S/ Robert Pesapane Division Director Public Assistance Division Enclosure cc: George Robinson Regional Administrator FEMA Region 6 Appeal Analysis Background The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of Texas with an incident period of January 20, 2020, to May 11, 2023.[1] Harris County (Applicant) implemented actions to respond to the pandemic, including purchasing Zytron 500 encapsulating suits, Zytron 300 coveralls and chemically protected boots (hazardous materials suits) in April and June of 2020. FEMA developed Grants Manager Project 662381 to document the Applicant’s claim for $51,684.15. For the hazardous materials suits, the Applicant submitted material purchase invoices from April and June 2020.[2] The costs ranged from $854.95 to $1,079.95 per Zytron 500 encapsulating suit, with separate costs for coveralls and boots.[3] FEMA subsequently issued a Request for Information, asking the Applicant to explain how each item was associated with an eligible emergency protective measure. In response, the Applicant stated its staff required the items to ensure biohazards did not penetrate their clothing while they performed COVID-19 compliance checks. In a Determination Memorandum received by the Applicant on November 16, 2022, FEMA found that the Applicant had not demonstrated the hazardous materials suits were related to eligible emergency protective measures.[4] First Appeal The Applicant submitted a first appeal dated January 13, 2023, asserting that it used the hazardous materials suits to respond to COVID-19. The Applicant stated that the purchases of the hazardous materials suits was appropriate early in the pandemic to protect the health of its employees against the risk of COVID-19, and that its employees used the hazardous materials suits while performing emergency protective measures to respond to COVID-19. The Applicant further asserted it acted in a reasonable capacity to prepare and respond to the pandemic because it was unclear early in the pandemic what its magnitude, duration, and long‐term effects on the public would be. The Applicant also stated that it purchased the hazardous materials suits due to unprecedented supply chain issues and the possibility of no other such supplies being available. In a transmittal letter dated February 1, 2023, the Texas Division of Emergency Management (Recipient) expressed support for the appeal. On July 21, 2023, the FEMA Region 6 Regional Administrator denied the appeal.[5] FEMA found that none of the Applicant’s claimed costs, including the hazardous materials suits, was associated with any eligible emergency protective measures listed in any of FEMA’s COVID-19 policies. In addition, FEMA concluded the costs were increased costs of continuing to operate the Applicant’s facility in a COVID-19 environment. Second Appeal The Applicant submitted a second appeal dated September 22, 2023, requesting $29,742.22 for the purchase of the hazardous materials suits.[6] The Applicant reiterated its first appeal arguments that the purchases were reasonable and appropriate to protect the health of its staff, that it used the hazardous materials suits for eligible emergency protective measures, and that the costs should not be considered ineligible increased operating costs. In a transmittal letter dated October 13, 2023, the Recipient expressed support for the appeal. Discussion Immediate Threat FEMA is authorized to provide assistance for emergency protective measures to save lives and protect public health and safety.[7] For emergency protective measures to be eligible, the Applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident.[8] Under FEMA’s Coronavirus (COVID-19) Pandemic: Eligible Emergency Protective Measures Fact Sheet (Fact Sheet), FEMA may provide assistance for emergency protective measures that include the purchase and distribution of personal protective equipment and hazardous material suits.[9] The Fact Sheet is applicable to work performed from January 20 through September 14, 2020.[10] Here, the Applicant requests $29,742.22 for the purchase of hazardous materials suits. In support, the Applicant provided invoices for the supplies, which it purchased in April and June of 2020. Consequently, the invoices demonstrate that the Applicant purchased the hazardous materials suits early in the pandemic, prior to September 15, 2020.[11] Notably, the applicable FEMA guidance in effect at the time the Applicant purchased the hazardous materials suits included those items as eligible emergency protective measures. Thus, the Applicant’s costs for the hazardous material suits are eligible under the Fact Sheet.[12] Conclusion