Pursuant to to be eligible for assistance emergency protective measures work must be necessary to eliminate immediate threats to lives, public health, and safety. Transporting and processing leachate does not necessarily involve an immediate threat. Pursuant to the PA Guide, at 54, the costs of operating a facility may increase due to or after a disaster, these increased operating costs are not eligible for assistance. Costs to remove and process leachate, absent an immediate threat, were increased operating expenses as leachate removal and processing are part of normal landfill operations. Section 705(c) of the Stafford Act bars FEMA from deobligating previously awarded funding if: “(1) the payment was authorized by an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished.” All three criteria were satisfied, therefore FEMA is barred from disallowing the previously obligated PA funding.

: A potential overflow of leachate caused an immediate threat at sites 2 and 3. Accordingly, certain force account labor costs, equipment rental costs, and transportation costs are eligible for Public Assistance funding, as they were necessary to remove the immediate threat. However, other costs associated with work to remove and process leachate are not eligible for funding as they did not remove an immediate threat and represent increased operating costs.

44 C.F.R. §§ 206.224(a), 206.225(a), 206.206(a). PA Guide, at 54-55, 67, 73-74. Sonama Cnty, FEMA-1203-DR-CA, at 1-2. New Hanover Cnty, FEMA-1608-DR-NC, at 2.