United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
EPA
DIRECTIVE NUMBER: 9938.13
TITLE; Procedures for Recovering Costs Incurred
during Implementation of RCRA Requirements
of the Federal Facility Compliance Act of 1992
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE: OWPE/RED
E FINAL
D DRAFT
LEVEL OF DRAFT
Q A — Signed by AA or DAA
L3 B — Signed by Office Director
n C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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/% OT M M United States Environmental Protection Agency
«Hrtr^/\ Washington, D.C. 20460
OSWER Directive initiation Request
1. Directive Number
9938.13
2. Originator Information
Mame of Contact Person
Yolaanda Walker/Peter Ne
Mail Code
es5503
Office
OWPE/RED
Telephone Code
260-4460 260-9870
3. Title Procedures for Recovering Costs Incurred during Implementation of RCRA
Requirements of the Federal Facility Compliance Act (FFCA) of 1992
4. Summary of Directive (include brief statement of purpose)
This directive outlines the steps that Regions and States should take to recover
funds used in conducting inspections at Federal Facilities. This guidance has
four sections 1) reimbursable costs 2) progress documentation and cost monitoring;
? states wil1 be reimbursed; and 4) instructions for completing form
5. Keywords inspections, Recovery of funds, FFCA
6a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directive(s)?
No
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
No
This Request Meets OSWER Directives System Format Standards
9. Signature of Lead Office Directives Coordinator
hS "~OuC'-vJL^ Vj^J -A^-^C>-t~r^*S
1 0. Name and Title of Approving Official
Date
te/7/?3 .-
Date
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
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EPA
U.S. Environmental Protection Agency
OWPE Directive Initiation Slip
Name of Program Contact Parson:
Yolaanda Walker/Peter Neves
Mall Code:
5503
Office:
OWPE/RED
Telephone:
260-4460
260-9870
Document Number:
9938.13
Does document supersede a previous one? £] No
Does document supplement a previous one? Q No
Q
Q
Yes Doc. No.
Yes Doc. No.
Title:
Procedures for Recovering Costs Incurred during Implementation of RCRA
Requirements of the Federal Facility Compliance Act (FFCA) OF 1992
Document Abstract: This directive outlines the steps that Regions and States should take
to recover funds used in conducting inspections at Fedral Facilities. This guidance
lias four sections 1) reimbursable costs; 2) progress documentation and cost monitor-
ing; 3) how the States will be reimbursed; and 4) instructions for completing form
2550-8.
Keywords:
Inspections, Recovery of funds, FFCA
Number of document pages (excluding OSWER
Initiation Request sheets): ^
Target audience(s):
Regions and States
Special requirements:
Planned issue date:
December 1993
Document Number Assigned (date):
Document Status:
Date on Title Page:
Transmittal Memo signed by:
Final Distribution to:
Waste Mgt. Div. Dlrs. Regs. I-X
Superfund Branch Chiefs
EDRS: Q Hard copy Q Diskette
OSWER Directive Coordinator
Other
c
RCRA Branch Chiefs
RAs. Regions I-X
Depository libraries
Regional paralegals
QNTIS
QGPO
Q EPA Library
States by HO
Will final document be reteasabte to the public? F] Yes F] No
If not. cite appropriate FOIA exemption(s):
Will document be publicly available at a later date
If yes, enter approximate time frame:
Yes Q No
Comments:
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4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
? WASHINGTON, D.C. 20460
N PRO^
DEC171993
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
MEMORANDUM
SUBJECT: Procedures for Recovering Costs Incurred during
Implementation of RCRA Requirements of the Federal
Facility Compliance Act (FFCA)
FROM: Bruce M. Diamond, Director^
Office of Waste Programs Enforcement
TO: Waste Management Division Directors, Regions I-X
Environmental Services Division Directors, Regions I-X
This guidance outlines the steps that Regions and States
should take to recover funds used in conducting inspections at
Federal facilities.
This guidance has four sections: 1) a discussion of
reimbursable costs; 2) a discussion of progress documentation and
cost monitoring; 3) a description of how the States will be
reimbursed; and 4) cost documentation instructions for completing
Form 2550-8 to submit to the Cincinnati Financial Management
Center (CFMC).
The Office of Waste Programs Enforcement (OWPE) will set up
a conference call with each Region in early January, during which
OWPE and representatives from the Office of Administrative and
Resources Management will answer questions on the cost
reimbursement guidance. The conference call will also be an
opportunity for the Regions to raise any concerns.
If you or anyone on your staff have questions, please
contact Yolaanda Walker at (202) 260-4460 or Peter Neves at (202)
260-9870. Thank you for your cooperation in this matter.
Attachment
cc: Regional Counsels, Regions I-X
RCRA Enforcement Branch Chiefs, Regions I-X
Steve Pressman, OGC
Scott McMoran, OARM
Vera Ann Ashworth, OARM
Tom Hass, OARM
R«eyetod/R*cyclabl«
Pftrmd wtm Soy/C«no(t Ink on paper tnat
eontrin* et MM $0% recycled fiber
-------
Susan O'Keefe, OE
Frank Covington, NEIC
Barry Breen, OFFE
Jim Edward, OFFE
Sally Dalzell, OFFE
Larry StarfieId, OGC
Lisa Friedman, OGC
George Wyeth, OGC
John Michaud, OGC
Barrett Benson, NEIC
Bob Harp, NEIC
Susan Bromm, OWPE
Ken Gigliello, OWPE
Nancy Browne, OWPE
Yolaanda Walker, OWPE
Peter Neves, OWPE
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COST REIMBURSEMENT PROCEDURES FOR
RECOVERING COSTS INCURRED DURING IMPLEMENTATION
OF RCRA REQUIREMENTS OF THE FEDERAL FACILITY
COMPLIANCE ACT OF 1992 FOR FT 1994 AND BEYOND
BACKGROUND
Section 104 of the Federal Facility Compliance Act of 1992
(FFCA) directs EPA to perform a thorough inspection (i.e., a CEI)
of every Federal facility which treats, stores, or disposes of
hazardous waste for compliance with RCRA. In addition, the FFCA
directs EPA to conduct a comprehensive ground-water monitoring
evaluation (CME or O&M) at the facility, unless such an
evaluation was conducted during the 12-month period preceding the
date of enactment of the FFCA (October 1992). Section 104 of the
FFCA also provides that "the department, agency, or
instrumentality owning or operating each such facility shall
reimburse the Environmental Protection Agency for the costs of
the inspection of the facility."
Reimbursable Interagency Agreements (lAGs) are made between
different agencies when one Federal agency is going to receive
money from the other Federal agency for services rendered. Once
the IAG is completely executed, the program/Regional office must
enter a reprogramming request in the Integrated Financial
Management System (IFMS). The program/Region that is going to
perform the work must receive authority from the Budget Division
(Office of the Comptroller) before they begin work. This
authority is placed in the program/Region's operating plan and is
to be used only to perform work for the agency in accordance with
the IAG.
When the program/Regional office begins performing the work
for the other agency, it is imperative that the reimbursable
account number assigned to the agreement be used on all funding.
documents related to the work. Reimbursable money may be spent
on any authorized budget category in the IAG (i.e., travel order,
contracts, grants, and personnel). Any personnel costs which
accrue FTE usage must be covered within your Program Research
Operations (PRO) FTE ceiling.
INTRODUCTION
This guidance document outlines the steps that Regions and
States should take to recover funds used in conducting
inspections at Federal facilities. This document describes the
procedures the Regions must follow in accessing money from their
accounts. .
• Section 1.1 discusses reimbursable costs.
u Section 1.2 describes progress documentation and expenditure
1
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tracking.
• Section 1.3 describes how the States will be reimbursed.
• Section 1.4 describes the cost-documentation instructions for
completing form 2550-8 to submit to the Cinncinnati Financial
Management Center (CFMC).
1*0 PROCEDURES
The procedures below are intended to assist the Regions in
documenting and reporting resources associated with each
inspection activity. Regions are responsible for tracking all
expenses such as travel, lodging, regular time, overtime,
equipment costs, sampling costs, laboratory costs for analyzing
samples, and contractor costs. It is important that Regions
prepare accurate and complete cost documentation so that the
costs expended for reimbursable activities are auditable.
1.1 REIMBURSABLE COSTS
Once the lAGs are fully executed (signed by EPA and the
other agencies such as Department of Defense (DOD) and the
Department of Energy (DOE)), the agreements will be processed by
Headquarters' Office of Grants and Debarment (Grant
Administration Division), given reimbursable account numbers by
the CFMC, and issued reimbursement authority by Headquarters1
Office of the Comptroller (Budget Divison). Headquarters'
Program Office or Project Officer will send each Region and NEIC
a list of account numbers for DOD (one for each service: Army,
Navy, Air Force, etc.) and DOE, along with funding ceilings for
each account for travel, personnel salaries, contractors, and
State grants. Regions must charge against these accounts to
recover costs incurred performing inspections at Federal
facilities.
Regions or States must complete an Inspection Cost
Documentation form (an example is provided on page 7) and prepare
and finalize an inspection report after the inspection has been
completed. These documents should be kept in the facility's
file. Under Part I of the form, "Facility Information,"
inspectors must provide basic background information on the
Federal facility. Under Part II, "Cost Information," inspectors
should enter total costs for the following:
EictraiaurtLl fAbatement. Control, and Compliance (AC&C)}
Costs. This section includes support contractor costs, EPA
administrative expenses (e.g., equipment costs, sampling costs,
and laboratory analysis costs), and other agency costs (e.g.,
State agencies).
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Intramural (Program Research Operation (PRO)) Costs.
This section includes total EPA direct costs. EPA labor and
other direct costs including EPA travel and lodging are
reimbursable.
Note: Regions Bust not exceed their funding ceiling for each reimbursable
account.
1.2 submittal of Paperwork for Reimbursement
1.2.1 Progress Documentation
Once the field work has begun, inspectors should keep a log
book that records progress of the inspection, indicates the time
of arrival, facility contact, and the date of inspection
completion. Inspectors must also keep a timesheet (see Attachment
l for example of timesheet) to document hours spent (including
overtime) at the facility each day to conduct field work. This
information should be kept in the EPA or States facility file.
1.2.2 Cost Monitoring and Payment (Invoices)
Regions must include the following two key financial items
and the inspection report in the facility file:
1) Inspection Cost Documentation form
2) Copy of EPA form 2550-8 (Report of Reimbursable Services
Rendered) An explanation on botr to fill out the form is
provided below and a blank copy of the form is in
Attachment 1.
3) Inspection Report
Regions will also use the Integrated Financial Management System
(IFMS) to. track costs being charged against the funding ceiling.
This system must be used to track project expenditures and to .
ensure that the costs incurred -for each inspection do not exceed
the funding ceiling for each reimbursable account. Only costs
charged to the IFMS reimbursable accounts can be billed to the
other agencies. The major cost categories to be tracked and
sources of cost information are summarized below:
Support Contractor/State Costs - Contractor and State costs
specified on the cost documentation form 2550-8 (see
Appendix 1). Inspectors must include total extramural costs
on Form 2550-8.
EPA Direct Costs - EPA employee salaries, travel costs,
and oversight costs (PRO account). Sampling, laboratory
analysis costs, and equipment costs (AC&C account).
Figure 1-1 on page 4 is a chart that describes how the entire
cost reimbursement process operates.
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Figur* l-i
INSPECTION COMPLBTBD
REPORT COMPLETED
COST DOCCMEMTATIOH
DETERMINE
LABORATORY
C08T8
SAMPLING
COSTS
DETERMINE TRAVEL,
BMP. SALARY,
BOORS, AND
EQUIP. COSTS
COMPILE
COST INTORMATION
C O M P L
IN8PBCTIOM
COST FORM
ALSO
USE IFMS TO
TRACK COSTS
JOMPLBTB FORM
2250-*
SUBMIT FORM
2550-8 TO CFMC
COPIES OF
COMPLETED
FORMS IN
FACILITY
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1.3 STATES REIMBURSEMENT
States will be reimbursed under the authority of Section
3011 of the Solid Waste Disposal Act of inspections of Federal
facilities as required by the FFCA. The limit of providing only
75% of State program costs will be waived to allow States to be
fully reimbursed for costs incurred during inspections conducted
at Federal facilities. Regional/State agreements must be amended
to include this deviation which would only be exercised when
reimbursing the States for inspections performed under the FFCA.
A copy of the memo waivering the Agency limit of providing only
75% of State program costs is included in Attachment 2.
1.4 COST DOCUMEIITATIOH
1.3.1. Instructions for completing form 2550-8
Appropriation Symbol - Not used
Reimbursable Allowance — Not used
Account Number - Reimbursable account number assigned to IAG (See
Block #21 of IAG)
IA Agreement Number - EPA IAG identification number (See Block #1
of IAG)
To - This should contain the billing address of the agency the
bill is being sent to (See Block #26 of IAG).
By - The name and address of the EPA Regional office that is
submitting the bill.
Date - Date services were provided to other agency
Description of Service. Fee, or Reimbursable Cost - Brief
description of services provided and/or what money was spent on,
i.e., grant, contract, travel, etc.
Amount - Amount spent for each line item in description field.
At the end of each quarter, Regions must submit a 2550-8
form for each finalized inspection report to the CFMC (other
agencies may request copies of these reports before they provide
reimbursement). Each Region must attach a list of facilities
inspected, including inspection type and whether EPA or a State
conducted the inspection, and a copy of the facility specific
cost documentation form for each inspection conducted by EPA or a
State (see Appendix 1). Each form submitted to the CFMC must be
signed by the Region point of contact and mailed to the CFMC.
When this information is received, the CFMC will verify the
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amounts shown on the form by checking the IFMS. Once the
verification is complete, CFMC will bill the other agencies.
Appendix 1 contains an example of a memorandum to a Region
listing dummy account numbers and funding ceilings, examples of
how to fill out the inspection cost documentation form and form
2550-8.
For your information, the address for the CFMC is:
EPA
Cincinnati, FMC
Cincinnati,. OB 45268
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for
Date:
Date and tine of Arrival:_
Date and time of Departure:
CATION
(Facility-namel
Region or State:.
/. Facility Information
1. Name of EPA/State Inspector(s):.
2. Title of EPA/State Inspector(s):.
3. Telephone Number:
4. Site Location:
Grade(s):.
(Address and street name or P.O. Box)
(City. State, and zip code)
5. Name of Federal facility contact:
6. Circle one: DOO facility, DOE facility, or other
7. a. If a DOD facility, state which service (e.g.. Army, Navy, Air Force, Marines, Defense Logistic
Agency):
b. Name of Agency or Department if not 000 or DOE
8. EPA Reimbursable Account number:
//. Cost Ceiling information
Extramural Costs (AC&C1
(Contractor. State, EPA
Administrative expenses)
Contractor Costs
Equi pment
Sampling
Laboratory analysis
Total Contractor Costs
(attach cost documentation)
Total State costs (attach
separate documentation)
Intramural Costs (PRO)
(EPA Direct Costs)
Travel
Salary of Personnel
Total No. hours (regular & overtime)
Employee(s) hourly rate
Personnel cost (reg. hours x employee
hourly rate +• overtime x hourly rate)
(total cost if more than
one personnel salary applies)
EPA Expenses
Equipment
Sampling
Laboratory analysis
Total Contract + State Costs
Total EPA Direct Costs (Extramural + Intramural):
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ATTACHMENT 1
8
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REPORT OF REIMBURSABLE
SERVICES RENDERED
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AMOUNT
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TOTAL
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ATTAOMEKT 2
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UNITED STATES ENVIRONMENTAL PROTECTIC N AGENCY
WASHINGTON, D.C. 20460
DEC 2 8 1993
OFFICE OF
AOMWBTRATON
AND RESOURCES
MANAGEMENT
SUBJECT:
FROM:
TO:
Request for Deviation from the I revisions of 40 CFR
35.505 for the Office of Waste Projrams Enforcement
Gary M. Katz, Director
Grants Administration Divisibn (39D3F)
Bruce Diamond, Director
Office of Waste Programs Enforcement
This responds to your request for a deviation from the
provisions of 40 CFR 35.505 for certain states which conduct
inspections at Federal facilities.
I am approving a deviation from the provisions of 40 CFR
35.505 for those States conducting inspections at Federal
facilities under the Federal Facility Compliance Act of 1990
(FFCA). As a result, States which are apprcved by EPA to conduct
inspections in lieu of the Agency under tl e FFCA will be fully
reimbursed for all of the resources they jxpend on inspections
conducted at Federal facilities under the FFCA. Reimbursement will
be effected through the grant mechanism authorized under §3011 of
the Solid Waste Disposal Act.
§35.505 limits grants under §3011(a) of the Solid Waste
Disposal Act to 75 percent of the approved program costs. Since
the States which are approved by EPA to conduct Federal facility
inspections under the FFCA will be performing inspections which EPA
would otherwise perform, these States shculd receive what the
Agency would have received from the Federal agencies had EPA
undertaken these inspections, that is, full reimbursement for all
costs. The Office of Waste Programs Enfotcement may apply this
deviation as needed to those States which are approved to conduct
the required inspections.
Accordingly, I am approving the deviation as requested.
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APPENDIX 1
10
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APPENDIX 1
EXAMPLE OF MEMORANDUM TO A REGION LISTING
DUMMY ACCOUNT NUMBERS AND FUNDING CEILINGS
[Note: Actual account numbers will be assigned by the Cincinnati
Fiancial Management Center and the funding ceilings will be
determined by the Headquarters Program Office.]
MEMORANDUM
SUBJECT: Account Numbers and Funding Ceilings for Region I for
First Quarter of Fiscal Year 1994
FROM: Susan Smith, Project Officer
Office of Waste Programs Enforcement
TO: Ronald Region
Region I
This memorandum contains the account numbers and funding
ceilings for your Region for the first quarter of Fiscal Year (FY)
1994. Charges against these account numbers must be for
expenditures incurred in performing RCRA inspections required by
Section 104 of the Federal Facilities Compliance Act of 1992
(FFCA). Charges against these accounts for the first quarter of FY
1994 may not exceed the funding ceilings provided.
First Quarter FY 94 Account Numbers and Funding Ceilings for RG 1
FEDERAL AGENCY INSPECTED ACCOUNT NUMBER FUNDING CEILING
Department of Defense
Air Force 4XOA01A001 $ 10,000
Army 4XOB02A002 $ 10,000
Defense Logistics Agency 4XOC03A003 $ 0
Marines 4XOD04A004 $ 0
Navy 4XOE05A005 $ 10,000
Department of Energy 4XOF01B001 $ 20,000
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Wtuhlngtan. DC 20460
Payroll Distribution Tlmesheet
P«M I <
123-45-6789
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WNo.
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-------
REPORT OF REIMBURSABLE
SERVICES RENDERED
3ioc.< :?2
M«-J as *.§•_£ »
Ncc .sed
IAG Block #21
I A *CftC(UCNT MO.
IAG Block //L
INSTRUCTIONS
The "TO" line wilt be complrtrd with the osme aad billing addreaa of the Agency receiving the service* •• indicated in the
billinr. Instruction* reataiaed la thv laturagcncy agreement. The "BY" line will show the EPA office Berforauag'thc work.
The appr«prl«tlea symbol, relmburaable allowance umber, account number, aad interageney agroemeat number win be as cited
Thw dv«cription of the service* for which the billing I* to be rendered should be oafflelently *peclfl« »• that U ca*> too as*o>
ii«d with the term* of the agreement. If iho tern* of tbe agreement specify a unit eeac. the total number of unit* ptevidod wilt be
*hown and the total amount to be billed entered ta the amount column- U the agreement apeelflea the reimbursement of the eetta of
providing the good* or service*, the amount* to be reimbursed ahould be Ueaixed.
. la the eveat that ebllgstioa* have been charged to aa
account number rather thaa to a reimbursable account, each obligation should be Itemized la the maaaer Indicated above, and the)
servieiflK accounting office tdviacd of taia ao that they may trenafer Utea* charge* to the correct reimburaable account ausbar at
thv time the bllllae 1* P»e»*/ed.
IAG Block #26
Ragional/NEIC Contact
Regional Addrcsa
QATf
OCSCRIPTION or service, rets on •KiM«u«f*«i.K CO»T
AMOUNT
Period
Covered
(i.e.
Oct. 1-
Dec.31,
1993
Incurred the following cost while conducting 25 inspection*
at US Army facilities:
Personnel
Travel
Equipment
Procurement (Lab Analysis)
Assistance (State Grants)
Attachments:
-List of facilities inspected* including inspection
type and whether EPA or a State conducted the
inspection.
-Facility-specific Cost Form for each inspection
conducted by EPA
$54,350
17,575
N/A
3,795
175,000
li '<•
TOTAL
$250.720
It it mju**t*d **•* <*• Accounting Office- render a bill lor th* tero'cM I'rrdtcoiW otova
Name and Title of Regional Point of Contact (Does NOT have to be at DP or 3C lev«
HAMC
-------
INSPECTION COST DOCUMEMTATIOM
for Albert Army Base (Facility-name)
Region or State: Region
Date and t1«e of Arrival: 10/3/93. 9:00 a.m.
Date and t1*e of Departure: 10/16/93. 5:00 p.m.
Grade(s): GS-B19-09-02
/. Facility Information
1. Name of EPA/State Inspector(s): Jane Doe
2. Title of EPA/State Inspector(s): Environmental Engineer
3. Telephone Number: (617) 555-555
4. Site Location: 1 Main Street
(Address and street name or P.O. Box)
Anytown. ME 01234
(City, State, and zip code)
5. Name of Federal facility contact: Captain Smith
6. Circle one: DOO facility, DOE facility, or other
7. a. If a ODD facility, state which service (e.g., Army, Navy, Airforce, Marines, Defense Logistic Agency):
Army
b. State name of Agency or Department if not DOO or DOE
N/A
8. EPA Reimbursable Account number: 4XOB02A002
//. Cost Ceiling Information
Extramural Costs (AC&C)
(Contractor/State, EPA -
Administrative expenses)
Contractor Costs
Equipment
Sampli ng
Laboratory analysis
Total Contractor Costs
(attach cost documentation)
Intramural Costs (PRO)
(EPA Direct Costs)
Travel $300
Salary of Personnel
Total No. hours (regular & overtime) 48
Employee(s) hourly rate $17.75
Personnel cost (reg. hours x employee
hourly rate * overtime x hourly rate)
48 x 17.75 • $852 (total cost if more than
one personnel salary applies)
Total State costs (attach
separate documentation)
10
EPA Expenses
Equipment N/A
Sampli ng $500
Laboratory analysis $700
Total Contract + State Costs $0
Total EPA Direct Costs Extramural (EPA expenses) * Intramural): $2.352
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