IGF::CT::IGF UNDER SUBPART J OF THE NATIONAL OIL AND HAZARDOUS SUBSTANCE POLLUTION CONTINGENCY PLAN (NCP) E…

Public award description

IGF::CT::IGF UNDER SUBPART J OF THE NATIONAL OIL AND HAZARDOUS SUBSTANCE POLLUTION CONTINGENCY PLAN (NCP) EPA OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE, OFFICE OF EMERGENCY RESPONSE REGULATORY IMPLEMENTATION DIVISION (RID) [FORMERLY THE REGULATION AND POLICY DEVELOPMENT DIVISION (RPDD) AND THE OIL PROGRAM] THERE IS A REGULATORY NEED TO STORE AND DISTRIBUTE RESEARCH OILS. THESE OILS ARE USED IN TESTING NEW CHEMICAL COUNTERMEASURE PRODUCTS PER 40 CFR PART 300 SUBPART J REGULATORY REQUIREMENTS. THEIR NEED IS CRITICAL FOR PRODUCT TESTING BY LABORATORIES FOR PRODUCT MANUFACTURERS. PRODUCTS THAT ARE TESTED USING THE OILS INCLUDE DISPERSANTS, SURFACE WASHING AGENTS, BIOREMEDIATION AGENTS AND MISCELLANEOUS OIL SPILL CONTROL AGENTS. SINCE 1997, THE TEST OILS WERE STORED AT THE RTC FACILITY IN LARAMIE, WY. IN 2011, RTC WAS SOLD TO SIGMA ALDRICH. CURRENTLY, TWO TYPES OF TEST OILS ARE STORED AT THE FACILITY: SOUTH LOUISIANA CRUDE AND PRUDHOE BAY CRUDE. THE YEARLY RENT COVERS SPECIALIZED REFRIGERATED STORAGE OF THE TEST OILS WHICH ARE PACKAGED AND DISTRIBUTED TO LABS AS NEEDED FOR TESTING. IN 1997, EPA OFFICE OF RESEARCH AND DEVELOPMENT (ORD) INITIALLY TRANSFERED OVER THE TEST OIL FOR STORAGE BY RTC CORPORATION. AT THAT TIME, THE TEST OIL STORAGE RENT WAS PAID FOR BY ORD. IN 2004 OR 2005, THE PAYMENT RESPONSIBILITY WAS TRANSFERRED OVER TO THE EPA HQ OIL PROGRAM. THE OVERDUE BILL WAS NOT PAID AND AFTER OEM REORGANIZATION, THE OIL PROGRAM BECAME RPDD AND HAD TO DO A RATIFICATION TO GET OVERDUE RENT FEES PAID. THE PREVIOUS RATIFICATION MEMO WAS WRITTEN IN JUNE 2006. IT IS OUR UNDERSTANDING THAT NO FORMAL CONTRACT AGREEMENT WAS UPDATED OR REISSUED WHEN THE RESPONSIBILITY TO PAY THE OIL STORAGE RENT WAS TRANSFERRED FROM ORD TO OEM. NO CONTRACTUAL DOCUMENTATION WAS PUT IN PLACE FOR SERVICE FROM THE VENDOR ALTHOUGH THE RENT INVOICES WERE PAID BY OEM FROM 2007 TO 2010 BY PURCHASE REQUEST. ADDITIONALLY, AS STATED ABOVE, RTC CORPORATIONS ALSO CHANGED OWNERSHIP AROUND 2011 AND AN UPDATED CONTRACT WAS NOT DRAFTED STATING THAT SIGMA ALDRICH WAS THE NEW VENDOR. SINCE THE RATIFICATION IN 2006, THE RPDD COR PAID INVOICES FOR STORAGE UNTIL 2011; EPA AGAIN FAILED TO PAY RECENT INVOICES FOR STORAGE SERVICES. 2014 RATIFICATION TIMELINE OF EVENTS: FROM 2007-2010, OIL STORAGE INVOICES WERE PAID IN A TIMELY MANNER. IN 2011, LEIGH DEHAVEN SUBMITTED A PROCUREMENT REQUEST (PR) TO PAY FOR THE FY 2011 OIL STORAGE IN EAS. RECENTLY, AFTER REVIEWING THE INVOICES AND BILLING DATES FOR THE OIL STORAGE RENT WITH KERRON WESTON OF OEM RMD, THE PR FOR FY 2011 SHOWED IT WAS FUNDED BY OEM, UPLOADED IN EAS BUT WAS NEVER PAID TO THE VENDOR BECAUSE THE EAS FILE WAS RELEASED THEN CANCELED IN THE EAS SYSTEM. THE REASONS FOR THIS ARE NOT KNOWN. IN SEPTEMBER 2011, LEIGH DEHAVEN LEFT RPDD FOR A DETAIL AT ORD THAT LASTED FOR 2.5 YEARS. BEFORE SHE LEFT, SHE SENT AN EMAIL TO NOTIFY RPDD STAFF (NOW RID) THAT THE BILL FOR OIL STORAGE WOULD BE DUE AGAIN AROUND MARCH 2012. SIGMA ALDRICH S RECORDS INDICATED THAT A BILL WAS PAID ON APRIL 10, 2012, BUT THE FISCAL YEAR DATE WAS NOT INCLUDED ON EPA S PAID INVOICE. IT WAS LATER CONFIRMED THAT THE RECEIPT WAS FOR FY12. THE BILLS FOR FY13 AND FY14 OIL STORAGE WERE NOT PAID BY THE SUBPART J COR ACTING IN LEIGH DEHAVEN S PLACE. IT IS NOT KNOWN WHY THESE BILLS WERE NOT PAID NOR WHETHER INVOICES WERE EVER RECEIVED FROM SIGMA ALDRICH. SIGMA ALDRICH HAS GRACIOUSLY AND PATIENTLY CONTINUED TO STORE EPA TEST OIL WITHOUT PAYMENT. CONCLUSION: INVOICES FOR OIL STORAGE FEES FOR 2011, 2013 AND 2014 FROM SIGMA ALDRICH NEED TO BE PAID. THE OIL STORAGE RENT WAS $2,640 PER YEAR, EQUALING AN OUTSTANDING BALANCE TOTAL OF $7,920.