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

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    &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

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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

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           APPENDIX C




DOCUMENTING STATE CERCLA CREDITS




       AND ADVANCE MATCH
         OSWER  DIRECTIVE
           9375.1-4-C

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                                          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

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                                           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

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                                          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

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                                           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

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                                        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

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                                             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

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                                          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

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                                           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

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                        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,

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                                  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

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                                          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

-------