united states environmental Protection Agency
                                 Washington. DC 20460
                 OSWER Directive initiation Request
                                  1. Directive Numb'er
                                   9024.10
                                 2. Originator Information
      Name o( Contact Percon
       Thad Juszczalc
     Mail Code
     OS-110
Office
OSWER
Telephone Code
382-4510
      XTitle
           MANAGEMENT ASSISTANCE FOR SUPERFUND COOPERATIVE AGREEMENTS
      4. Summary ol Directive (include brief statement of purpose)
        This Directive provides options for  funding and outlaying management assistance for.
        Superfund Cooperative Agreements.
      5. Keywords
        FUNDING. SUPERFUND COOPERATIVE AGREEMENTS
      6«. Does .This Directive auperseae previous uirective(s).'
      b. Does It Supplement Previous Qirective(s)?
                                         X  No
                                         X  No
                     Yes   What directive (number, title)
                     Yes   What directive (number, title)
      7. Draft Level
          A - Signed by AA/DAA
B - Signed by Office Director
       C - For Review & Comment
         D - in Development
8. Document to be distributed to States by Headquarters?


Yes
X

No
Thl* Request M««ta OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
Jshnsie' Webster, OSWER Directives Coordinator
'-Vcry.v-aL- OOj^Xj— -O--
10. Nam* and Title of Approving Official . -•
Bep&ty'Aitiltant Administrator
Date
March 29,
Date
March 28,
1990
1990
     EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
                          OSWER               OSWER               o
VE     DIRECTIVE         DIRECTIVE        DIRECTIVE

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                        NAR 2 B  1990
OSWER Directive 9024.10
MEMORANDUM
SUBJECT:  Management Assistance for Superfund
          Cooperative Agreements
                      i i
FROM:     Mary A. Gade
          Deputy Assistant Administrator

TO:       Waste Management Division Directors, Regions I-X


     The purpose of this memorandum is to provide you with
options for funding and outlaying management assistance for
Superfund Cooperative Agreements.  These options have been
reviewed by a small work group of Headquarters and Regional
program and Comptroller staff.  This options paper is not
designed to "tell" Regions how to fund management assistance;
instead, it is meant to provide you with more flexibility.  v:e
are in the process of updating the Superfund Activity Codes so
that Option II can be used.

     Our thanks go to Tom Hogan who drafted this paper and to
Tom Mateer who raised these issues to our attention.

     If you have any questions, please contact Thad Juszczak at
382-4510.

Attachment

cc:  Superfund Branch Chiefs, Regions I-X
     Thad Juszczak
     Jan Baker Wine
     Bob Cluck

     Kathyf^^fckiss, Region III
     Karea^Hnrnoy, Region vn
     Mike iMHkowski
     Tom- Kateer, Region V
     Maggie Mitchell
     Deborah Orr, Region V
     Bruce Pumphrey, Region V
     Clem Rastatter
     Jim Woolford
     Tom Hogan, Region VII
                   -         -    •   .   tv-r           -   •

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                                                       OSWER  Directive 9024.10
              SUPPORT AGENCY  (MANAGEMENT ASSISTANCE) COOPERATIVE AGREEMENTS


                The purpose of this proposal is to provide an analysis of the
           status  of  Support  Agency  (Management Assistance)  Cooperative
           Agreements  (CAs)   in light  of  current CERCLIS,  IFMS  and  Cost
           Recovery requirements.  The options included in this analysis and
           the advantages and disadvantages of each, will be provided to the
           Regions as guidance for dealing with this issue.  This proposal is
           written  from  the  perspective  of  the  Regional  staff  member
           responsible for planning and committing management assistance funds
           in CERCLIS.  Therefore, terms such as "Event" and  "Activity" will
           be  used  in  their  CERCLIS  context  rather  than that of  the
           Headquarters Financial and Budget offices.

                Support Agency  roles described in the National Contingency
           Plan are defined as site-specific activities performed by the State
           to  support  EPA-lead  site response.    Management  assistance  for
           Federal-lead sites is paid for by the Response Program while PRP-
           lead is funded by the Enforcement Program.

                Current Headquarters policy mandates that support agency CAs
           for management assistance cannot be awarded  and drawn-down as a
           "lump sum" for each  State because this does not provide adequate
           documentation of site-specific expenditures  for cost share and cost
           recovery purposes. Although funds may be planned site-specifically
           or in "lump sums"  for each State, they must be obligated and drawn-
           down on a site-specific basis.

               In the past, Support  Agency funds  could be handled  through a
           Multi-Site CA (or one funding instrument) and obligated  under one
           account number (ACN) and document control number  (DCN) per budget
           source  for  each  State.   As cost  recovery  concerns  increased,
           Regions still were able to use  the Multi-Site approach, but ACNs
           and DCNs  «*£•• assigned  for  each  site using  an event-specific
           financialflHMfe£vity  code.    (Note:  This   term,   "event-specific
           activity ^^^B*, means that the 8th digit of the account  number is
           chosen tfljJ^Hbify the actual ongoing site  event,  such  as Ri/FS,
           RD,  RA, ^BP1 which  the   management Assistance  funds will  be
           utilized.)    Under   these  procedures,  funds  could   still  be
           transferred from ,one site  to another or one financial activity code
           to another by  a transaction  called a  "transwitch"  and a formal
           amendment to the ,CA.  In addition, site-specific and CERCLIS event-
           specific cost Documentation could be maintained.

                The flexibility facilitated by FMS was not  incorporated into
                                    which rdo-not facilitate transfers such as
       ,«™,..—. ,,-• At ;*fce f»eew>*fe; ih« roni»d«4y t*eRfSrt
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                                          • OSWER Directive 9024.10
and  re-obligating the funds;  this is an administrative burden to
both the Srites and EPA.  Currently under  IFMS,  if a Region de-
obligates prior year funds, the funds nay not be available  for re-
certification  and therefore,  not availble  for re-obligating to
another  site or financial activity code.   Even if the funds are
available  for  re-obligation,  the  process  does  not facilitate
flexibility  in utilizing management assistance  funds.

     In  response to this,  the following three  options are being
provided to  the Regions for dealing with their Support Agency CAs.
Although each  one complies with current IFMS/CERCLIS  procedures,
there are advantages  and disadvantages  associated  with each.


OPTION  I:    Obligate  management assistance CAs site-specifically
using event-specific  financial  activity codes.

      Under  Option  I, a Region  would   obligate  specific dollar
amounts  for  each  site  and  would  indicate the  event-specific
financial activity code  (the  8th digit  of the ACN: L-RI/FS, N=RD,
R-RA) and the budget source (the 2nd, 3rd and 4th digit of the ACN:
TFA  or  TGB)  through  the ACN.   The  Region would  assign  specific
pairs of ACN/DCNs for each site-specific commitment,  showing the
exact dollar amount to be committed.  This would  be  entered  into
CERCLIS  or WasteLAN on the Management Assistance ("MA") event, and
IFMS would  then down-load the actual commitment,  obligation and
future disbursements  (i.e., draw-downs  against  the State's Letter
of Credit) to CERCLIS.

Advantages;   Direct  approach;  provides excellent cost  recovery
records.

      This approach is direct and provides site-specific and event-
specific financial activity coded CERCLIS data for cost recovery
efforts.  Although it iff somewhat time-consuming  for the CERCLIS
staff and Financial Management office at the time of the CA award,
no additional manual  follow-up in CERCLIS is required after  that
(i.e.,  aUttjHffbursenents are recorded  automatically  through the
IFMS/CEM^^Ktm-load).
                Vary little flexibility, for transferring funds.
     There  ie very little flexibility for transferring funds from
one  site or financial .activity code to another.   Once a  site-
specific and event-specific financial activity coded dollar amount
is assigned its own ACN/DCN,  entered into CERCLIS, and  the IFMS
down-load takes place,   the  dollar amount is  "dedicated"  there.
The  only way to move ..the dollars to  another site or  financial
activity code would .the £o-d«-sQbligate and then re-obligate.  If the
                 mfet jficul ^iQE.ytar-ftiodty.ethe. RegJX3rt<;ould lose
£te;2ftBHobbigatted!

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                                                 OSWER Directive 9024.10
       them  to nnj|fr*r site or  event-specific  financial activity code.
       Although tflmfit are procedures for requesting that prior year funds
       be  re-certified to the Region after de-obligation,  there is no
       guarantee that this will be approved by Headquarters.

            In addition to the above, this option would most likely result
       in  small  amounts of money left in  the CA,  dedicated to specific
       phases  of  the  site  clean-up  (i.e.,  RI/FS,  RD,  or RA).    As
       mentioned, these amounts could not easily be transferred from one
       event-specific  financial   activity  code  to the  next and would
       eventually need  to  be de-obligated;  most likely, the funds would
       be lost to the Region.


       OPTION II:  Obligate management assistance site-specifically, but
       with a general financial activity code  in the ACN (for each budget
       source), rather  than an event-specific  financial activity code.
       This could be done  for all CERCLIS  events except Remedial Action
       (RA), where the event-specific code must be utilized.

       Note;  To provide this option, the  Superfund Activity Codes would
       first need  to be revised  to  allow  use of  the general financial
      activity code "9" for Response-funded (TFA) management assistance
       in the  8th digit of  the  ACN,  rather than  requiring that event-
      specific  financial  activity  codes  be  chosen.    It should  be
      clarified that this could  be  used for  all site events/activities
      except RA,  where the event-specific  code  would  need  to be utilized
      for cost  share documentation.   The code for Enforcement-funded
       (T6B)  management assistance should  be  clarified to indicate that
      "4" should be chosen.

           Under Option  II, a  Region  would obligate  specific dollar
      amounts for each site.  The Region  would use a general financial
      activity code rather than event-specific and  would indicate the
      budget source (TFA or TGB) in the ACN.   Again, funds  for RA would
      be the one exception and would require an  event-specific financial
      activity cog*.  The Region would assign specific ACN/DCN pairs for
      each   siJMittbowing  the  exact  amount   of  dollars   to  be
      committe^^^Kgated.  The  commitment would be entered into  CERCLIS
      or Wasteft^^Bb  th« Management Assistance ("MA")  event,  and IFMS
      would thfl^Bfci-load the actual commitment, obligation and future


      Advantagest Direct approach;  funds are not "dedicated" to specific
      events/activities and would be .available from one  event/activity
      at the site to the next (with the exception of RA).
                                    *i'" •
           This approach  is direct  and provides site-specific data for
      cpst  share : and cCost recovery purposes.    it  is somewhat time-
ior tnQPnftuming, for W»je^CiiIS^staffiidBd3Mrtai»cial ^Management office at
                       s awarded, but after that,  requires no

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                                           OSWER  Directive  9024.10
manual foUspp-up because all disbursements will attach to CERCLIS
through thfr IFMS/CERCLIS  down-loads.   An advantage  of  this over
Option I,  is that funds can  be more fully utilized  as the site
advances from one CERCLIS event/activity to the next (Negotiations,
RI/FS, RD) without de-obligating and re-obligating.

Disadvantages:  There is no flexibility  to transfer money from one
site to another without going  through the  formal de-obligation/re-
obligation  process.    Detailed  event/activity-specific  financial
data  for  cost recovery  and  management  purposes would not  be
documented  in CERCLIS, except  at the RA event level.   When all
federally funded management assistance ends  at the site, there may
be remaining funds that would  need to be de-obligated  from the CA.


OPTION III:   Obligate  management assistance funds into "lump sum
holding accounts" in CERHELP; when disbursements occur, de-obligate
from the  CERHELP holding accounts,  re-obligate site-specifically
and process the disbursements.

     Under Option III, a Region would obligate  funds  into CERHELP
holding accounts by  budget source  (TFA and TGB)  for each  State.
A  Region could  opt to break-down  the  State's  TFA  "lump sum11
obligations by event-specific financial activity codes  (RI/FS and
RD) or use the general  activity code (established under Option II),
with the  exception of  RA which always requires an event-specific
activity code.  Each of the CERHELP obligations would be assigned
an ACN and DCN, with  "ZZ" as the last two digits of the ACN.   These
commitments  would  be  entered  into  CERHELP, and  IFMS would then
down-load the actual commitment and obligation  to CERHELP.

     The Region would set-up a table in  CERCLIS with  all projected
sites that would draw-down from the  CERHELP holding accounts. For
each of these sites,  the ACN/DCN from the CERHELP holding accounts
from which  it would draw-down  would be  listed;  the only  change
would be in the last two digits  of the ACN, where the  FMS Site I.D.
would  replace the "ZZ".   Specific  dollar amounts  would  not be
entered tflfeythi* table.
    At tJf^^Kh* of a disbursement, the  Region would need to de-
              amount of  the disbursement  from  the appropriate
CERHELP ACN/DCN and re-obligate  this exact  dollar amount  site-
specifically.  At that point, the disbursement could be made  site-
specifically  and would link to the  site-specific CERCLIS  entry
during the  IFMS/CERCLIS down-load.   It  should be clarified that
this  would be  an  "administrative"  de-obligation/re-obligation,
which would not require Headquarters approval  and  re-certification
of  funds.   This  is possible because this  transaction  would not
change the terms of the original CA (i.e., the CA was established
for the purpose of  haying  funds available to  be transferred to
sJLIfeg-specificentries5.,)   .^;:/":' ':  ;t7^^;.. '-vV -                  ' a«


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                                            OSWER Directive 9024.10
 il 1  illll IHMP   Provides  a great  deal  of  flexibility  in  funds
 utilizatiife
     This  option provides the  greatest level  of  flexibility in
funds utilization of the three options.  It also allows for site-
specific  tracking  or site-specific  and event-specific financial
activity  coded tracking in  CERCLIS for cost  recovery purposes.
Since only the exact amounts of disbursements are obligated site-
specifically,  there  are no funds.left  obligated  to sites, which
will eventually need to be de-obligated.

Disadvantages:   Requires a closely  monitored  administrative and
financial system for handling disbursements.

    Under Option III, the Region would need to establish a closely
monitored  system for handling disbursements against the CERHELP
holding accounts. Each time a disbursement would be  processed, the
Region would need to  ensure that  the correct amounts  were de-
obligated from the appropriate  CERHELP holding accounts and then
re-obligated to the correct site-specific account.   At that point,
the disbursement could be made site-specifically.  In addition, the
CERCLIS staff would need to ensure that the correct site-specific
information was  already  entered  into the CERCLIS table, in order
to facilitate the IFMS/CERCLIS down-load.


     As stated previously, the  purpose of this  analysis  was to
provide  options  to  the  Regions  for handling  Support  Agency
(Management Assistance) CAs.  Hopefully, one of the three options
outlined above will prove to be an acceptable solution  for  each of
the Regions.

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