Solid Waste Disposal Act 2007(f) assistance agreement (STAG) program has no statutory formula or matching requirement. However, there is a 25 percent matching requirement (cost share) for States under 40 CFR 35.335. State matches (cost shares) may include in-kind contributions. Under 40 CFR 35.332, EPA regions allocate funds to states based on their programmatic needs and applicable EPA guidance. Factors include the number of active federally regulated petroleum underground storage tanks. LUST prevention funding is awarded under Section 9011 and other applicable provisions of Subtitle I of the Solid Waste Disposal Act subject to an allocation process developed by the Agency. The Agency distributes funds based on the number of federally-regulated petroleum USTS in a State and other indicators of State needs. States will provide a 25 percent match (cost share) for assistance agreements awarded under Section 9011 and other applicable provisions of Subtitle I. If EPA awards a State a combined UST prevention, detection, and compliance (STAG) and LUST prevention assistance agreement, the 25 percent cost share will apply to total project costs for the combined assistance agreement. There is no matching requirement (cost share) for prevention, detection and compliance assistance agreements for Tribes or Intertribal Consortia awarded pursuant under Public Law 105-276 or the agency's annual appropriation acts. This program does not have MOE requirements. Length and Time Phasing of Assistance: The terms of the assistance agreement shall be determined at the time of award by the specific EPA Regional Office. Assistance agreements can be awarded on a single- or multiple-year basis. See the following for information on how assistance is awarded/released: Financial assistance is released in a lump sum. States use the Automated Standard Application for Payment System to request cash drawdowns based on a projected cash requirement. Reports: Recipients submit annual reports which include a description of the progress made towards meeting environmental goals as expressed by the environmental indicators and program measures. Recipients report program performance results semi-annually that provide updates for commitments and priorities. States are required to submit Cash Reports to regional grants offices. States must certify that they are meeting or are making progress in meeting the Energy Policy Act requirements. States are required to provide expenditure reports for overall funding for UST prevention, detection and compliance (STAG) assistance agreements. For LUST prevention assistance agreements, States are required to submit Financial Status Reports to regional grants offices. Annual reviews are conducted to determine recipients' progress in meeting overall program goals. Audits: In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. Records: The record retention requirements of 40 CFR Part 31 (governmental units) are applicable depending upon the identity of the recipient. Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained until expiration of three years from the date of submission of the final expenditure report. If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved. Account Identification: 20-8153-0-7-304; 68-0103-0-1-304. Obligations: (Formula Grants) FY 08 $32,977,000; FY 09 est $38,400,000; FY 10 est $36,930,000 - STAG: FY 08 actual $2,461,000; FY 09 actual $2,900,000; and FY 10 estimate $2,500,000. LUST Prevention: FY 08 actual $30,516,000; FY 09 actual $35,500,000; and FY 10 estimate $34,430,000. Range and Average of Financial Assistance: Range for States and Territories: In FY 2008, FY 2009, and FY 2010, the STAG and LUST prevention financial assistance is based on states' needs. In FY 2008 - STAG funding - Range for States and Territories: $20,000 to $410,000, Average for States and Territories = $139,000. Range for Tribes: $35,000 to $255,000; Average for Tribes = $143,000. LUST Prevention funding - Range for States and Territories: $102,000 to $1,500,000; Average for States and Territories = $596,000. Range for Tribes: $92,000 to $359,000; Average for Tribes = $420,000. In FY 2009, STAG funding - Range for States and Territories: $25,000 to $1,120,000; Average for States and Territories = $94,654. In FY 2009, there was no STAG distribution for Tribes. LUST Prevention Funding - Range for States and Territories: $98,000 to $2,000,000; Average for States and Territories = $472,000. Range for Tribes: $20,000 to $650,000; Average for Tribes = $420,000. PROGRAM ACCOMPLISHMENTS: Fiscal Year 2008: For FY 2008, 21 states, five territories and approximately 10 Indian Tribes submitted STAG assistance agreement applications and were awarded STAG assistance agreements. For FY 2008, 49 states, six territories and approximately 10 Indian Tribes submitted LUST prevention assistance agreement applications and were awarded LUST prevention assistance agreements. In FY 2008, results achieved were measured by the annual percent increase (+1 percent) of UST facilities that were in significant operational compliance with both release detection and release prevention (spill, overflow, and corrosion protection requirements). There was a notable increase in the significant operational compliance measure in FY 2008 over the previous fiscal year, from 63 percent to 66 percent. In FY 2008, EPA met and exceeded its goal of reducing the number of confirmed UST releases nationally to less than 10,000. FY 2008 was the first year LUST funds were available for release prevention purposes. In FY 2008, to comply with the Energy Policy Act requirements, states increased their rate of inspections. In FY 2008, states completed more than 100,000 inspections. Fiscal Year 2009: In FY 2009, 14 states and four territories submitted applications and will be awarded STAG assistance agreements; and one Intertribal Consortia recipient was awarded a competitive assistance agreement. For the LUST prevention assistance agreements, 50 states and six territories submitted applications and will be awarded assistance agreements. At mid-year FY 2009, EPA is on target for meeting its goal of UST facilities that are in significant operational compliance with both release detection and release prevention (spill, overflow and corrosion protection requirements) with a starting baseline of 65 percent. At mid-year FY 2009, EPA is on target for meeting its goal of reducing the number of confirmed UST releases to less than 10,000. Fiscal Year 2010: No Current Data Available REGULATIONS, GUIDELINES, AND LITERATURE: General Grant Regulations and Procedures (40 CFR Parts 30 or 31, as applicable), State and Local Assistance (40 CFR Part 35.330 et. seq. for States and 40 CFR 35.730 et. seq. for Tribes and Intertribal Consortia). Costs will be determined in accordance with OMB Circular No. A-87 (2 CFR Part 225) for State and local governments and Indian Tribes and OMB Circular A-122 (2 CFR Part 230) for Intertribal Consortia that follow the assistance regulations for nonprofit organizations. Contact Regional UST Program Manager for documents. Regional or Local Office: See Regional Agency Offices. For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see http://www.epa.gov/OUST/regions/index.htm). Headquarters Office: Lynn Depont USEPA Headquarters Ariel Rios Building 1200 Pennsylvania Avenue, N. W. Mail Code: 5401P, Washington, District of Columbia 20460 Email: depont.lynn@epa.gov Phone: 703-603-7148 Website Address: http://www.epa.gov/OUST/cmplastc/index.htm RELATED PROGRAMS: 66.805 Leaking Underground Storage Tank Trust Fund Program EXAMPLES OF FUNDED PROJECTS: Fiscal Year 2008: UST prevention, detection, and compliance assistance agreements' funded projects include functions necessary for the development and/or implementation of a State or Indian underground storage tank (UST) program. Those functions that may be accepted for funding include the development and/or implementation of enforcement and inspection programs, outreach, and training related to the underground storage tanks program. Specific examples of STAG funded projects in FY 2008 were: (1) Corrosion testing and training for field inspectors; (2) Red Tag Enforcement Tools for states to obtain UST compliance from owners/operators; (3) Web-based training for UST owners/operators; (4) Photograph records of USTs in large states, such as Montana; and (5) Third-party inspection programs to more efficiently conduct compliance inspections at UST facilities. For the LUST prevention assistance agreements, funded projects included state inspections, enforcement, development of regulations and other program infrastructure. These assistance agreements were also used for EPA to help states, who requested it, to obtain SEE enrollees through a SEE assistance agreement to work on the state's underground storage tanks (UST) and to support direct UST implementation programs. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available CRITERIA FOR SELECTING PROPOSALS: This program allocates funding to States and Tribes non-competitively under the allocation system referenced in Section: 101. Funding provided to states for release prevention must be expended in accordance with grant guidelines EPA issued to implement the Title XV, Subtitle B of the Energy Policy Act of 2005, http://www.epa.gov/swerust1/fedlaws/publ_109-058.pdf). 66.805 LEAKING UNDERGROUND STORAGE TANK TRUST FUND CORRECTIVE ACTION PROGRAM FEDERAL AGENCY: Office of Solid Waste and Emergency Response, Environmental Protection Agency AUTHORIZATION: Solid Waste Disposal Act of 1976 (SWDA), as amended, Section 9003(h), To support State (including Territories that are included in the definition of States receiving cooperative agreement funding with supplemental appropriations from the Leaking Underground Storage Tanks (LUST) Trust Fund provided by the American Recovery and Reinvestment Act of 2009 (Recovery Act), must use those funds for corrective actions that can be implemented expeditiously and promote job creation and preservation in a manner consistent with the Funding Priority listed above, as well as necessary oversight of responsible party lead cleanups. Funding Priority - Fiscal Year 2010: Program funds from the annual Leaking Underground Storage Tanks (LUST) Trust Fund appropriation are used to provide resources to States and Tribes for their underground storage tank (UST) programs. Corrective Action: Eighty percent of the funds appropriated to the Agency for corrective action must be distributed to the States under cooperative agreements. Program funds are to be used to provide resources for the oversight and corrective action for petroleum releases from federally-regulated underground storage tanks (USTs), as well as for enforcement activities related to such corrective action. States that have entered into cooperative agreements with EPA have the authority to respond to petroleum releases from USTs using Leaking Underground Storage Tanks (LUST) Trust funds where owners and operators are unknown, unwilling or unable to take corrective actions themselves, and in certain other circumstances. States may also oversee responsible party cleanups. When the LUST Trust Fund is used, tank owners/operators are liable to the State for costs incurred and are subject to cost recovery actions. TYPES OF ASSISTANCE: USES AND USE RESTRICTIONS: States and Tribes may use financial assistance under this program for eligible and allowable costs incurred under cooperative agreements for corrective action, as described in Section: 54 Funding Priority. This financial assistance program is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA will award cooperative agreements for corrective action activities. The applicable provisions in OSWER Directive 9650.10A, "LUST Trust Fund Cooperative Agreement Guidelines" apply to states receiving funds under this program. See http://www.epa.gov/swerust1/directiv/d965010a.htm. LUST Trust Funds for corrective will not be used to implement any provision of the Energy Policy Act (EPAct) of 2005, Title XV, Subtitle B, that is not also a leaking underground storage tank activity authorized by Section 205 of the Superfund Amendments and Reauthorization Act. Funds made available by the Recovery Act are prohibited from uses relating to casinos and other gambling establishments, aquariums, zoos, golf courses, or swimming pools. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov. Applicant Eligibility: Cooperative agreements are only available to States and Territories that have UST programs. Additionally, these cooperative agreements are only available to Federally-recognized Tribes and Intertribal Consortia that must meet the requirements, as described in the Federal Register Notice, Vol. 67, No. 213, pp. 67181-67183, "Update to EPA Policy on Certain Grants to Intertribal Consortia.". Beneficiary Eligibility: States, Territories, Tribes and Intertribal Consortia and the communities and industries affected by leaks from underground storage tanks. Credentials/Documentation: The EPA Regional Offices maintain the credentials/documentation for State and Territorial programs and federally recognized Tribes and Intertribal Consortia. OMB Circular No. A-87 applies to this program. Preapplication Coordination: Preapplication coordination is required. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Application Procedures: OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. States and Tribes apply for funds through EPA regional offices under this CFDA. Award Procedure: These funds are awarded non-competitively. Applications will be subjected to administrative evaluation to determine the adequacy of application in relation to assistance agreement regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will advise the applicant if funding is being considered. A final work plan will be negotiated with the applicant. A cooperative agreement must be signed between EPA and the State or Territory or EPA and the Tribe or Intertribal Consortia. These grants are non-discretionary. EPA awards the cooperative agreement to states through a previously established allocation process, issued under national guidance rather than through competition. See EPA Order 5700.5, Section 6(c)(1). For the Recovery Act funding, EPA will award separate cooperative agreements. Applicants will need to submit full workplans. However, to expedite the award of ARRA cooperative agreements, awards may be made on partial work plans. In these cases, the award must include a condition requiring submission of a full work plan within a specified time period. Deadlines: Contact the headquarters or regional office, as appropriate, for application deadlines. Range of Approval/Disapproval Time: Generally from 3 to 4 months. The Agency will award Recovery Act funding on an expedited basis. Appeals: Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Renewals: Contact the appropriate Regional Office. See http://www.epa.gov/OUST/regions/index.htm. Formula and Matching Requirements: Statutory Formula: Title Solid Waste Disposal Act. Matching Requirements: LUST corrective action funding awarded under Section 9003 (h)(7) of the Solid Waste Disposal Act is subject to an allocation process developed by the Agency. By guidance, the Agency has established a process for allocating funds to states under Section 9003 (h)(7) based on the cumulative numbers of confirmed UST releases, total number of existing registered petroleum UST systems, cleanups initiated, cleanups completed, the percentage of the population using groundwater for drinking water, and the number of states with approved UST programs. This program allocates funding to Tribes and Intertribal Consortia non-competitively based on their programmatic needs and national guidance. States must provide a 10 percent cost share for cooperative agreements awarded under Section 9003 (h)(7). There is no matching requirement for corrective action cooperative agreements for Tribes or Intertribal Consortia awarded pursuant to Public Law 105-276. Cooperative agreements awarded with Recovery Act funds are not subject to cost share requirements under section 9003(h)(7)(B) of the SWDA. This program does not have MOE requirements. Length and Time Phasing of Assistance: The terms of the grant shall be determined at the time of the grant award by the specific EPA Regional Office. Cooperative agreements awarded with Recovery Act funds may be awarded on a two and one-half year budget and performance period (e.g., 4/1/2009 to 9/30/2011). The budget and performance period may be extended on a limited basis to allow work to be performed on eligible sites. See the following for information on how assistance is awarded/released: LUST Trust Fund Corrective Action assistance agreements are awarded to states annually on a multi-year cycle. States request funds through a letter of credit drawdown. The LUST Trust Fund Recovery Act assistance agreements will be awarded to states in a lump sum. States will request funds through a letter of credit drawdown. Reports: For the LUST Trust Fund Corrective Action assistance agreements, states report program performance results semi-annually and progress reports as part of the yearly review with EPA. For the LUST Trust Fund Recovery Act assistance agreements, states will report program performance results on a quarterly basis. For the LUST Trust Fund Corrective Action assistance agreements, states are required to submit Cash Reports to EPA's regional grants offices. For the LUST Trust Fund Recovery Act assistance agreements, states will be required to submit Cash Reports to EPA's regional grants offices. No progress reports are required. States are required to submit Financial Status Reports to regional grants offices. Performance monitoring is conducted to determine states' progress towards meeting overall program goals. Audits: In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. Records: The record retention requirements of 40 CFR Part 31 (governmental units) or 40 CFR Part 30 (non-profit intertribal consortia) are applicable depending upon the identity of the recipient. Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained until expiration of three years from the date of submission of the final expenditure report. If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved. Recipients must account for Recovery Act funds separately. Account Identification: 20-8153-0-7-304 - LUST 20-81-53-0-7-304 and for LUST Recovery Act funding 68-9/0 8196. Obligations: (Formula Grants) FY 08 $61,237,000; FY 09 est $252,861,000; FY 10 est $63,192,000 - FY 09 LUST Recovery Act actual $190,700,000. Range and Average of Financial Assistance: For the LUST corrective action funding, in FY 2008, Range for Territories and States: $43,000 - $3,700,000; Territory Average $54,000; State Average: $2,100,000. Range for Tribes and Intertribal Consortia: $20,00 - $300,000; Average: $160,000. For FY 2009, Range for Territories and States: $44,000 $4,000,000; Territory Average $54,000; State Average: $1,100,000. Range for Tribes and Intertribal Consortia: $15,000 to $ 500,000; Average: $113,000. For 2010, the estimated Range for Territories and States: $44,000 - $4,000,000; Territory Average $54,000; State Average: $1,100,000. Range for Tribes and Intertribal Consortia: $15,000 to $ 500,000; Average: $113,000. For the LUST Recovery Act funding, in FY 2009, Range for Territories and States: $57,000 - $15,600,000; Territory Average: $84,000; State Average: $3,700,000. Tribes are not receiving LUST Recovery Act funding through LUST corrective action cooperative agreements. PROGRAM ACCOMPLISHMENTS: Fiscal Year 2008: For FY 2008, 50 States, five territories and approximately 10 Indian Tribes submitted assistance agreement applications and the same number of awards were granted. In FY 2008, EPA met 98 percent of its national goal of 13,000 LUST cleanups completed. EPA met and exceeded its tribal LUST cleanups completed goal of 30 LUST cleanups completed by completing 40 LUST cleanups in Indian country. Fiscal Year 2009: It is anticipated that 50 States, five territories and approximately 10 Indian Tribes will submit assistance agreement applications and the same number of awards will be granted in FY 2009. In FY 2009, 49 states and five territories will submit assistance agreement applications and the same number of awards will be granted for the LUST Trust Fund Recovery Act cooperative agreements. In FY 2009, EPA expects to meet its national goal of 12,250 LUST cleanups completed, including 30 LUST cleanups completed in Indian country. Fiscal Year 2010: No Current Data Available REGULATIONS, GUIDELINES, AND LITERATURE: The regulations governing the award and administration of the Recovery Act Leaking Underground Storage Tanks cooperative agreements and the Leaking Underground Storage Tank corrective action cooperative agreements are the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" set forth at 40 CFR Part 31 (www.access.gpo.gov/nara/cfr/waisidx_00/40cfr31_00.html). Non-profit recipients are subject to 40 CFR Part 30. Guidelines: Leaking Underground Storage Tanks Trust Fund. Cooperative Agreement Guidelines. Energy Policy Act of 2005 Grant Guidelines, http://www.epa.gov/swerust1/index.htm. Guidance To Regions For Implementing The LUST Provisions Of The American Recovery And Reinvestment Act of 2009, http://www.epa.gov/oust/eparecovery/index.htm. Costs will be determined in accordance with OMB Circular No. A-87 (2 CFR Part 225) for State and local governments and Indian Tribes and OMB Circular A-122 (2 CFR Part 230) for Intertribal Consortia that follow the assistance regulations for nonprofit organizations. Contact Regional LUST Program Manager for documents. Regional or Local Office: See Regional Agency Offices. See Appendix IV Of the Catalog for list of Underground Storage Tanks Regional Program Manager addresses. Headquarters Office: Lynn Depont USEPA Headquarters Ariel Rios Building 1200 Pennsylvania Avenue, N. W. Mail Code: 5401P, Washington, District of Columbia 20460 Email: depont.lynn@epa.gov Phone: (703) 603-0175 Website Address: http://www.epa.gov/OUST/cat/index.htm. RELATED PROGRAMS: 66.804 State and Tribal Underground Storage Tanks Program EXAMPLES OF FUNDED PROJECTS: Fiscal Year 2008: Conducted site assessment/site characterization; reviewed site characterization reports; reviewed corrective action plans; conducted enforcement actions; provided assistance to Tribes to help develop and implement the LUST program; and conducted cleanups and provided oversight of responsible party cleanups. . Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available CRITERIA FOR SELECTING PROPOSALS: This program allocates funding to States and Tribes non-competitively under the allocation system referenced in Section :101. Guidelines for LUST corrective action cooperative agreements are found in OSWER Directive 9650-10A, and at OUST's website http://www.epa.gov/swerust1/directiv/d965010a.htm. Guidelines for LUST Recovery Act cooperative agreements are found in Guidance To Regions For Implementing The LUST Provisions Of The American Recovery And Reinvestment Act of 2009, http://www.epa.gov/oust/eparecovery/index.htm. 66.806 SUPERFUND TECHNICAL ASSISTANCE GRANTS (TAG) FOR COMMUNITY GROUPS AT NATIONAL PRIORITY LIST (NPL) SITES (TAG) FEDERAL AGENCY: Office of Solid Waste and Emergency Response, Environmental Protection Agency AUTHORIZATION: Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, 42 U.S.C 9617; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, Section 117(e), Public Law 96-510. OBJECTIVES: The statutory authority for this project is CERCLA 117(e) as amended by 42 USC 9617(e); it authorizes Technical Assistance Grants to be awarded to groups of individuals affected by or threatened by a release at a Superfund site so that they can obtain independent technical assistance to interpret site-related documents and share this information to the rest of the community. The objective of each TAG is to procure an independent technical advisor(s) to review and inform the community on EPA documents related to cleaning up the Superfund site that is affecting them. The goal of each TAG is that the technical advisor's information aids the community in the preparation of public comments and assists the community to more meaningfully participate in the cleanup decision-making process. Funding Priority - Fiscal Year 2009: Only one grant is available per site, at any time. EPA does not prioritize among eligible sites. All TAG applications are given equal priority as long as the site and group are eligible. The applicant group must meet minimum administrative and management capability requirements by demonstrating they have or will have reliable procedures for record keeping and financial accountability related to TAG management. In addition, all applications must address: plans for using a technical advisor's services, plans and ability to inform other members of the community, and the group's membership (representative of the different individuals/groups affected by the site). Funding must be used to provide resources so that community groups can obtain technical assistance to better understand technical issues related to the cleanup of the Superfund site affecting them and to provide comments on technical, cleanup-related documents. Technical issues for which groups obtain technical assistance may include: the nature of the environmental and public health hazards at the site; the various stages of health and environmental investigations; cleanup and operation and maintenance activities for a site, including exposure investigation, health study, surveillance program, health promotion activities (for example, medical monitoring and pediatric health units), remedial investigation, and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, and removal. TYPES OF ASSISTANCE: PROJECT GRANTS USES AND USE RESTRICTIONS: All or most of the Federal funds must be used, at sites listed on the National Priorities List (NPL) or proposed for listing under the National Contingency Plan (NCP) where a response action has begun under CERCLA, to procure a technical advisor(s) to help in understanding the nature of the environmental and public health hazards at the site, the various stages of health and environmental investigations and activities, cleanup, and operation and maintenance of a site, including exposure investigation, health study, surveillance program, health promotion activities (for example, medical monitoring and pediatric health units), remedial investigation, and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, and removal. Limitations: (a) Federal funds cannot be used to develop new primary data, such as conducting independent testing and monitoring activities at a site. (b) Under CERCLA, as amended, grant funds cannot be used for lawsuits or other legal actions, or attorney fees for services connected to any legal action or that could result in a relationship to which attorney/client privileges applies. (c) Grant funds cannot be applied towards a technical advisor's time spent assisting an attorney in preparing a legal action or preparing and serving as an expert witness at any legal proceedings. (d) Grant funds cannot be used for any activities or expenditures for recipient group members' travel. (e) Grant funds cannot be used for political activity and lobbying. (f) Grant funds cannot be used for generation of new health data through biomedical testing (for example, blood or urine testing), clinical evaluations, health studies, surveillance, registries, and/or public health investigations. (g) Grant funds cannot be used for activities that are unallowable under the cost principles stated in Office of Management and Budget (OMB) Circular No. A-122. (h) Grant funds cannot be used for tuition or other training expenses for recipient group's members. (i) Grant funds cannot be used to reopen or challenge final EPA decisions. Applicant Eligibility: A technical assistance grant (TAG) is available to any qualified group of individuals which: may be "affected" by a release or threatened release at any facility listed on the NPL or proposed for listing under the NCP where a "response action" under CERCLA has begun; meets minimum administrative and management capability requirements found in 40 CFR 30.12 by demonstrating they have or will have reliable procedures for record keeping and financial accountability related to TAG management; and incorporates as a nonprofit for the specific purpose of the representing "affected" individuals at the site. "Affected" means subject to actual or potential health, economic or environmental threat. A group is ineligible if: (a) The group is a "potentially responsible party" (PRP), receives money or services from a PRP, or represents a PRP; (b) The group is affiliated with a national organization; (c) The group is an academic institution; (d) The group is a political subdivision; (e) The group was established or is presently sustained by any of the ineligible entities listed above; or (f) The group is not incorporated as a nonprofit organization for the specific purpose of representing affected people except as provided in 40 CFR 35.4045. Beneficiary Eligibility: This program benefits groups of individuals affected by Superfund hazardous waste sites. Groups should be representative of the community affected by the Superfund site, which may include homeowners, land/property owners, local businesses, as well as any other individuals in the general public who live near a site. Credentials/Documentation: At the time of the award, a recipient must either be incorporated or demonstrate that they have taken all necessary and appropriate actions to do so. Recipients must show proof of incorporation no later than the time of the group's first request for reimbursement for costs incurred. This program is excluded from coverage under OMB Circular No. A-87. Preapplication Coordination: 1) Groups wishing to apply for a TAG must first submit to EPA a letter of intent (LOI). Groups interested in applying for a TAG are encouraged to contact their regional TAG coordinator(s), listed in Appendix IV of the Catalog). 2) If site work is already underway or scheduled to begin, EPA will publish a notice in the local newspaper to formally notify other interested parties that they may contact the first group that sent the LOI to form a coalition or they may submit a separate LOI. 3) Competing groups are encouraged to consolidate and submit a single application. 4) Prior to submitting their application to EPA (or concurrently), the applicant must submit the application package for their State's intergovernmental review process. This intergovernmental review may take up to 60 days. For more information regarding the procedures for submitting a LOI or for application assistance, contact the TAG coordinator(s) for your region (in Appendix IV of the Catalog) or the individuals listed under "Information Contacts.". Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Application Procedures: OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. An applicant for a TAG must submit the following materials in accordance with 40 CFR 35.4125 of the Final Rule: 1) An original EPA Form 424, Application for Federal Assistance. The application must have the original signature of the project manager. 2) A budget showing the proposed expenditure of funds, how the funds and other resources, including the required 20 percent match, will be used to complete the project, and how the budget figures were derived. 3) A scope of work which states how the group will organize, use procured personnel, and share and disseminate information to the larger affected community. In addition, the scope of work must explain project milestones and how the group's board of directors, technical advisors(s) and "project manager" will interact with each other. 4) Assurances, certifications and other preaward paperwork as 40 CFR part 30 requires. Currently, opportunities under this CFDA are not available and electronic submissions are not accepted through www.grants.gov. Award Procedure: 1) A TAG review team in the EPA Regional Office to which the application is submitted reviews the application and sends a letter containing written comments telling the applicant what, if any, changes need to be made to the application to make it complete. 2) An applicant group has 90 days from the date of the EPA letter to make the changes to their application and resubmit it to EPA. If the changes are not submitted within the 90-day period, the application will be returned unprocessed. 3) EPA determines the applicant's eligibility under 40 CFR 35.4020 and considers whether and how successfully the group meets three equally weighted criteria in 40 CFR 35.4155 (see 180, "criteria for selecting proposals," below). When multiple groups apply, EPA will rank each applicant relative to other applicants using the three equally weighted criteria. 4) If an applicant is not going to be awarded a TAG, the EPA will send a letter of rejection to the applicant. 5) If an application is approved for an award, a grant agreement document (EPA Form 5700-20A) is signed by the EPA award official. This document becomes an offer from EPA to the applicant. Award offers are mailed to the recipient five working days after the award official signs the agreement. 6) The applicant must sign and return the agreement to EPA within three weeks of the date the agreement is postmarked or request an extension. EPA will review applications in accordance to terms, conditions and criteria in the TAG regulations and EPA's policy for competing assistance agreements. Deadlines: Contact the headquarters or regional office, as appropriate, for application deadlines. Range of Approval/Disapproval Time: From 4 to 9 weeks. Appeals: Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Before a group obtains judicial review of the dispute, they must have requested the Regional Administrator to review the dispute decision official's determination under 40 CFR 31.70(c), and if the group still has a dispute, they must request the Assistant Administrator for the Office of Solid Waste and Emergency Response to review the Regional Administrator's decision under 40 CFR 31.70(h). Renewals: Grant waiver requests are made at the end of the budget period and are based on the requirements of 40 CFR 35.4065, which lists criteria which must be met. Formula and Matching Requirements: This program has no statutory formula. Matching Requirements: Percent: 20.%. As directed by statute (Section 117(e) of CERCLA, as amended by 42 USC 9617(e)) there may be only one grant per site, there is a $50,000 award limit unless waived, and recipient must contribute a 20 percent match (including in-kind contributions). This program does not have MOE requirements. Length and Time Phasing of Assistance: A grant may be available from the time a site is proposed for listing under the NCP (with a response action underway) until the site is delisted from the NPL this time span varies based on the complexity of the site cleanup; a group may submit an LOI to apply for a TAG at any eligible site at any point in the site cleanup. For each award, the grant period is determined by the time needed to complete the scope of work stated in the grant application and through negotiations with EPA (this is generally a period of three years or greater). Grants under this CFDA are reimbursement-based; a grantee may draw down funds to cover grant-related expenses they have incurred (such as a technical advisor's invoice for services/expenses). Method of awarding/releasing |