oEPA United St Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: TITLE- STATE PART^IPATI - Volume 1: 9375.1-4-C IN THE SUPERFUND PROGRAM, 1x C - Documenting State CERCLA December 31s 1 December 31, OERR/HSCD/SRCB and Advance Match APPROVAL DATE: EFFECTIVE DATE: ORIGINATING OFFICE: ft FINAL D DRAFT STATUS: REFERENCE (other documents): 9375.1-4 STATE PARTICIPATION IN THE SUPERFUND PROGRAM, Volume 1 OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- &EPA United States Environmental Protection Agency Washington, OC 20460 OSWER Directive Initiation Reauest 1. Directive Number 9375.1-4-C 2. Originator Information Name of Contact Person Deborah Swichkow Mail Code WH-548-E Office OERR/HSCD/SRCB Telephone Number (202) 382 2453 3. Title STATE PARTICIPATION IN THE SUPERFUND PROGRAM, Volume 1: Appendix C: Documenting State CERCLA Credits and Advance Match I. Summary of Directive (Include brief statement of purpose! Provides guidance on the identification and application of. CERCLA section 104(c)(3) credits and advance match funds towards a State's cost share for response actions. 5. Keywords Superfund. CERCLA. Cooperative Agreements. Credit, Advance Match 6a. Does this Directive Supersede Previous Directives)? fX| Yes (_J No What directive (number, title) 9375.1-4-C, Same title, 5/2/86 b. Does It Supplement Previous Directives)? ^ Yes Q No What Directive (number, trtlef 9375.1-4 State Participation in the Superfund Program, Volume 1 ..Draft Level LJ A — Signed by AA/DAA LJ 8 — Signed by Office Director Lj C — For Review & Comment LJ In Development his Request Meets OSWER Directives System Format 8. Signature of Lead Office DirectivesJoordinator I. NameTSnd Title of Approving I Sam Morekas, Chief, State & Regional Coordination Branch Data JAN 9 Date 12/31/86 OS WER OS WER OS WER DIRECTIVE DIRECTIVE ------- f l UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 9375.1-4-C OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE PEC 3 I 1986 MEMORANDUM SUBJECT: Addendum to the manual State Participation in the Superfund Program -- Appendix C, "Documenting State CERCLA Credits and Adva^cd Match" / /( FROM: Sam Morekas, Chief >O • /^/M State and Regional P'oordi nation Branch Hazardous Site Control Division TO: Maili ng List The attached Appendix C, "Documenting State CERCLA Credits and Advance Match" has been revised to reflect that the Federal obligation during the use of State credits should include both the 90% Federal share and funds to cover the amount of State credit being applied to the State's cost share. The revisions also include information on the application of advance match as credit for the State's cost share. Appendix C that you currently have should be discarded and replaced with this revised Appendix C. Attachment ------- APPENDIX C DOCUMENTING STATE CERCLA CREDITS AND ADVANCE MATCH OSWER DIRECTIVE 9375.1-4-C ------- 12/31/86 9375.1-4-c APPENDIX C DOCUMENTING STATE CERCLA CREDITS AND ADVANCE MATCH PURPOSE This appendix provides guidance on the identification and application of CERCLA section 104(c)(3) credits and advance match funds toward a State's cost-share for re- sponse actions. It is intended for the use of RPMs, Re- gional staff members, and SPOs. The material presented here represents current EPA policy and procedures and re- places previously issued guidance that did not reflect delegation of responsibilities to the Regions. The new credit provisions of the Superfund Amendments and Reauthor- ization Act (SARA) are not discussed in this appendix. Guidance on these provisions will be issued at a later time. In the interim, questions on these new requirements should be directed to the appropriate EPA Headquarters Re- gional Coordinators. APPENDIX SUMMARY This appendix is organized into two sections: Credits Advance Match. Each section presents background information on the subject being discussed, explains the procedures the State can use to obtain credit or advance match, and details tracking mechanisms. In addition, each section contains Cooperative Agreement application budget sheets demonstrating the ap- propriate manner in which to display credits and funds pro- vided as advance match. C-l ------- 12/31/86 9375.1-4-c 1. CERCLA CREDITS CERCLA section 104(c)(3)(C) provides that EPA shall grant a State or political subdivision credit for direct, out-of-pocket expenditures or obligations of non-Federal funds for hazardous waste response activities between January 1, 1978, and December 12, 1980, if any. The State then may apply verified credits to its share of costs for remedial activities conducted under response agreements for the same NPL site. A. Credit Submission It is the State's responsibility to identify potenti- ally creditable expenditures or obligations and to notify EPA in writing that a CERCLA credit exists for a site. This should be done as soon as the site is placed on the NPL. In its notification the State should provide the fol- lowing information: Specific amounts claimed for credit, by site (es- timated amounts are unacceptable), based on sup- porting cost documentation Units of government (State agency, county, local) that incurred the costs, by site Brief description of the specific function per- formed by each unit of government at each site Certification (signed by the State's fiscal man- ager or the financial director for each unit of government) that credit costs have not been previ- ously reimbursed by the Federal government or any other party, and have not been used for matching purposes under any other Federal program or grant. Based on the information the State provides, EPA may accept the credit at face value, pending an audit to verify the eligibility and allowability of identified credit costs. Upon receipt of the State's credit submission in the Regional office, the RPM is responsible for ensuring that it is complete. This may entail obtaining additional in- formation or returning the submission to the State for re- vision, if necessary. As soon as the State's submission fulfills the above criteria, the RPM should provide one copy to the appropriate EPA Divisional Inspector General C-2 ------- 12/31/86 9375.1-4-c for Audit (DIGA) so that an audit can be scheduled and one copy to the Regional Financial Management Officer (FMO) for tracking purposes. The DIGA is responsible for auditing credit submissions to verify the actual dollar amount expended or obligated. Procedures used in this audit are similar to those des- cribed in Chapter IX of this manual. Documentation main- tained in the State's files will be used during the credit verification audit. In general, supporting documentation necessary for credit verification is the same as the docu- mentation required to support a Federally funded assistance agreement. (See 40 CFR Part 30 and Appendix U of this manual.) B. Application of CERCLA Credit Toward the State's Cost Share ; When a State-lead remedial action is contemplated at a site that has an unverified or verified credit, the State must indicate its intention to apply the credit against its required cost share. This may be accomplished by display- ing the credit amount on the budget sheets of the State's Cooperative Agreement application as illustrated in Exhi- bits C-l, C-2, and C-3 on the following pages. The amount displayed on the budget sheets for Federal funding should include the 90% Federal cost share plus funds to cover the amount of credit being applied by the State (see Exhi- bits C-l, C-2, and C-3). In addition, the EPA offer of award to the State must include a special condition that acknowledges the use of such credit and its disposition (see Appendix F). The SSC must contain a similar provision for Federal-lead remedial actions (see Appendix H). If a credit does not adequately satisfy the State's cost share, the State is required to pay the difference to EPA. A credit is verified during an EPA audit which may take place at one of three possible points: After the State submits a summary of its credit- able expenditures or obligations to the EPA, for Federal-lead sites During an interim audit of a Superfund Cooperative Agreement C-3 ------- EXHIBIT C-l APPLICATION OF CREDIT ON COOPERATIVE AGREEMENT APPLICATION BUDGET SHEETS: PART III, SECTIONS A AND B, SCHEDULE A 9375.1-4-c 12/31/86 rorm Approved OMB No. 158R01W PART III -BUDGET INFORMATION SECTION A-BUDGET SUMMARY GRANT PROGRAM. FUNCTION OR ACTIVITY (a) i. Remedial Action 2. 3. 4. ESTIMATED UNOBLIGATED FUNDS FEDERAL CATALOG NO. FEDERAL (b) (c) S 5. TOTALS $ SECTION B-SCHEDULE 6. Object Class Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies I. Contractual g. Construction h. Other i. Total Direct Charges j. Indirect Charges k. TOTALS 7. Program Income GRANT Remedial Action $ 375,810 45 670 23,770 210,960 39,550 2,953,710 1,038,900 75,200 4,763,520 64,600 S 4,828,120 S NON -FEDERAL (d) $ S NEW OR REVISED BUDGET FEDERAL (e) *4, 554, 178* *4, 554, 178* A BUDGET CATEGORIES PROGRAM. FUNCTION OR ACTIVITY (21 $ $ S (3) S S $ NON FEDERAL TOTAL ID (g) $273,942** *4, 828, 120 * 273. 942** $4,82R.170 (4) $ $ S TOTAL (51 $ 375.810 45,620 23,770 210,960 39.550 2. 553. 710 1,038,900 75.200 4.763.520 64,600 * 4,828,120 $ EPA Fo,m 5700-33 (R.v. 10-79) *Fe^ral share is $4,345,308; additional $208,870 is amount of State credit being applied **^™e's (verified or unverified) credit is $208,870^—lance of State share is $273,942. PAGE 7 OF 12 ------- EXHIBIT C-2 12/31/86 9375.1-4-c APPLICATION OF CREDIT ON COOPERATIVE AGREEMENT APPLICATION BUDGET SHEETS: PART III, SECTION B SCHEDULE B Form Approved OMB No. 1S8-R01W SECTION B - SCHEDULE • - BUDGET CATEGORIES 6. Program Elwntnts •• Remedial Action b. c. d. e. f. 9- h. i. Total Program Element! j. STATE TOTAL FUNDING (1) FEDERAL $ 4,554,178* * 4,554,178* S (2) NON-FEDERAL $ 273,942** * 273,942** $ (3) TOTAL $ 4,828,120 * 4,828,120 $ (41 MAN- YEARS * Amount includes Federal 90% share of $4,345,308 plus $208,870 to cover the amount of credit being applied by the State. ** State's (verified or unverified) credit for work at the site during the CERCLA credit window period is $208,870 applied to the 10% cost share at the site, leaving the State with a payment balance of $273,942. The total non-Federal share is $482,812. EPA Perm 5700-33 (R«v. 10-79) C-5 PAGE • OF 12 ------- EXHIBIT C-3 12/31/86 9375.1-4-c APPLICATION OF CREDIT ON COOPERATIVE AGREEMENT APPLICATION BUDGET SHEETS: PART III, SECTIONS C,D,E AND F Form Approved OMB No. 158-R01W SECTION C-NON-FEDERAL RESOURCES ------- 12/31/86 9375.1-4-c During a close-out audit of a Superfund Coopera- tive Agreement or a site-specific project under an MSCA. If the audit results in a difference between the State's credit submission and the verified credit amount, any re- sponse agreement in effect for the site must be adjusted accordingly. This may entail increased cost-share payments to EPA. Under CERCLA, any credit remaining at the conclu- sion of a fund-financed remedial action could not be ap- plied toward the State's cost share requirements for reme- dial action at another site. (This requirement will be changed by SARA, however, which does allow State credit remaining at the end of fund-financed remedial response at one site to be applied toward the State's required cost share at another site. Guidance on this aspect of SARA is forthcoming.) C. Tracking Credits Each Region must ensure that all verified and unveri- fied credits for each site are tracked and monitored in EPA's Financial Management System (FMS) through the Region FMO and are documented in an official site file. The pur- pose of tracking credits is twofold: To provide adequate records for accounting and cost-recovery activities To ensure that both the State and the Federal government have contributed their required cost share toward remedial action. Instructions for update and maintenance of the FMS will be developed and issued by the Headquarters Financial Manage- ment Division, Superfund Accounting Branch. C-7 ------- 12/31/86 9375.1-4-c 2. ADVANCE MATCH Instead of providing all of its required cost share at the time that a remedial action is undertaken, a State may prefer to expend its own funds during an earlier phase of site response. This practice is called advance match. Advance match may be provided in cash, or in State services documented under a Cooperative Agreement, during the course of the remedial activity. Once the remedial action is ini- tiated, such expenditures are applied against the State's required cost share. Costs incurred as advance match must be reasonable, necessary, allocable to the project, and fully supportable and traceable to the site-specific activ- ities undertaken. A State electing to use advance match as a cost share payment method must document the fact in an executed Co- operative Agreement or SSC before site work can commence. A. Documenting Advance Match in a Response Agreement For State-lead projects, the State's Cooperative Agree- ment application must display the advance match funds in the budget section of EPA Form 5700-33, and must clearly define in the SOW those tasks that the State will perform or services that the State will provide. The appropriate manner in which to display advance match is shown in Exhi- bits C-4 and C-5, on the following pages. The State also must include in Part III, Item 23, an explanation that the amounts shown in the non-Federal funding columns in Part III, Section B, Schedule B and in Section D are to be used as advance match. A Cooperative Agreement is the required mechanism for advance match in services. Cooperative Agreements require that full, itemized project budgets be submitted for approval along with workplans and other sup- porting documentation prior to undertaking any phase of remedial response. When a State supplies cash advance match during a Federal-lead project, the amount is included in an SSC ar- ticle under specified payment terms (see Appendix H). B. Verifying Advance Match Advance match of State in-kind services provided via a Cooperative Agreement is verified during audit of State C-8 ------- EXHIBIT C-4 9375.1-4-c 12/31/86 APPLICATION OF ADVANCE MATCH ON COOPERATIVE AGREEMENT APPLICATION BUDGET SHEETS: SECTIONS A AND B SCHEDULE A rorm Approved OMB No. 158R01W PART III-BUDGET INFORMATION SECTION A-BUDGET SUMMARY GRANT PROGRAM. FUNCTION OR ACTIVITY (a) Remedial Planning '• (RI/FS) 2. 3. 4. ESTIMATED UNOBLIGATED FUNDS FEDERAL CATALOG NO. ^^ (b) (c) 66-802 $ 5. TOTALS $ SECTION B-SCHEOULE 6. Object Class Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. Total Direct Charges j. Indirect Charges k. TOTALS 7. Pria-.'am Income GRANT Planning 11 (RI/FS) $ 32,474 6r495 3,526 250 550 . 400,000 -0- 1,600 444,895 5,105 $ 450,000 $ NON-FEDERAL (d) $ S NEW OR REVISED BUDGET FEDERAL (e) $ 50,000 $ 50,000 A BUDGET CATEGORIES PROGRAM. FUNCTION OR ACTIVITY (2) $ $ $ E PA •ArOO-33 (Rev. 10-79) (31 $ $ $ NON-FEDERAL TOTAL (f) (g) $ 400,000* $ 450,000 $ 400,000* $ 450,000 (4) $ $ $ TOTAL (S) $ 32,474 6,495 3,526 250 550 400,000 -0- 1,600 444,895 5,105 $450,000 $ PAGE 7 OF ^t * c*-"(-" is advance marr-hine towal^«cs cost share for remedial action, ------- EXHIBIT C-5 12/31/86 9375.1-4-c APPLICATION OF ADVANCE MATCH ON COOPERATIVE AGREEMENT APPLICATION Form Approved BUDGET SHEETS: PART III, SECTION B SCHEDULE B OMB No. tsX-ROIW SECTION B - SCHEDULE B - BUDGET CATEGORIES 6. Program Elements Remedial Planning ' (RI/FS) b. c. d. e. f. 9- h. i. Total Program Elements j. STATE TOTAL FUNDING (1) FEDERAL $ 50,000 $ $ 50,000 (2) NON-FEDERAL $ 400,000 $ $ 400,000 (3) TOTAL * 450,000 $ $ 450,000 (4) MAN- YEARS EPA Form 5700-33 (R.v. 10-79) c-io PAGE 8 OF 12 ------- 12/31/86 9375.1-4-c credit under a Cooperative Agreement. Eligibility and al- lowability of costs are determined in accordance with the policies described in Appendix G of this document. C. Tracking Advance Match The Region's FMO is responsible for tracking all ad- vance match payments; therefore, the RPM must ensure that a copy of each Cooperative Agreement or SSC that involves advance match is provided to that office. All advance match activities for each site must be tracked and moni- tored in EPA's FMS. The purpose for this is twofold: To develop adequate records for auditing and cost-recovery activities To ensure that both the State and the Federal government have contributed their required cost share toward remedial action. Instructions for update and maintenance of the advance match tracking system will be issued by FMD in EPA Headquarters. D. Use of Advance Match At the time of remedial action, the State can use its documented advance match as a credit toward its cost share. The procedure for application of CERCLA credit to- ward the State's cost share would be used. The Federal obligation should be adjusted to include the 90% Federal cost share and the amount necessary to cover the State's credit obtained by its advance match. C-ll ------- |