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Account Identification:

68-0108-0-1-304.

Obligations:

(Project Grants) FY 08 $1,940,000; FY 09 est $0; FY 10 est $1,000,000
Range and Average of Financial Assistance:

For FY 08: Lowest Award: $226,250; Highest Award: $250,000; Average
Award:$243,540. Applicants may be awarded up to $250,000.

PROGRAM ACCOMPLISHMENTS:

Fiscal Year 2008: A total of 57 proposals were received and 8 awards were granted to the top 8 applicants in fiscal year 2008. Program focuses on low-income communities through grants to national organizations engaged in working with these communities and is helping national organizations and community organizations reach under-served populations that may have a disproportionate number of children with elevated blood lead levels. Fiscal Year 2009: No solicitation was offered in fiscal year 2009 for this grant program. Fiscal Year 2010: No Current Data Available

REGULATIONS, GUIDELINES, AND LITERATURE:

EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR Part 31); Environmental Protection Agency. "EPA Assistance Administration Manual," available from the National Technical Information Service (NTIS), Springfield, VA 22161 on a subscription basis; Order No. NTIS UB/031.

Regional or Local Office:

See Regional Agency Offices. See EPA Regional Offices listed in Appendix IV of the Catalog.

Headquarters Office:

Darlene Watford, National Program Chemical Division (7404T), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, District of Columbia 20460 Email: watford.darlene@epa.gov Phone: (202) 566-0516.

Website Address:

http://www.epa.gov/lead

RELATED PROGRAMS:

Not Applicable.

EXAMPLES OF FUNDED PROJECTS:

Fiscal Year 2008: Examples of funded grants: 1. Lead outreach and training will be delivered to an econmoically disadvantaged urban neighborhood that has been heavily impacted by lead poisoning. Formal training and seminars, door-to-door home visits, and community events will be provided. 2. Four low income communities will receive lead awareness, training and infrastructure development. Lead safe work practices will be taught to painters and remodelers. Lead awareness will be offered to tenants, homeowners, and service delivery networks. 3. Three counties will provide outreach materials to educate rental property owners, public health and code officials, realtors, landlords, and others in low in communities. Training will be offered to rental property owners, public health and code officials, realtors, landlords on lead-safe work practices. An extensive curriculum on training as well as a model guidebook for local housing lead poisoning prevention ordinances will be developed. 4. Specialized outreach will be conducted in border communities. Lead safe work practices training will be provided to workers. Realtors will receive outreach on lead-related laws and regulations and local requirements. Specialized training will be provided to local youth and paint apprenticeship programs. 5. Approximately 280 contractors will attend a one-day joint EPA/HUD Lead Safety for Remodeling, Repair and Painting course in rural communities. Media outreach on lead poisoning and lead-safe work practices will be provided to more than 4000 consumers and do-it-yourselfers in rural communities at risk for lead poisoning. More than 50 extension service agents and program specialists will be trained at national conferences. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available CRITERIA FOR SELECTING PROPOSALS:

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.

66.801 HAZARDOUS WASTE MANAGEMENT STATE PROGRAM SUPPORT

FEDERAL AGENCY:

Office of Solid Waste and Emergency Response, Environmental Protection Agency

AUTHORIZATION:

Solid Waste Disposal Act, Section 3011(a)&(c), Public Law 94-580, 42 U.S.C 6901.

OBJECTIVES:

To assist State governments in the development and implementation of an authorized hazardous waste management program for the purpose of controlling the generation, transportation, treatment, storage and disposal of hazardous wastes. Funding Priority - Fiscal Year 2009: Assistance to State governments in the development and implementation of an authorized hazardous waste management program for the purpose of controlling the generation, transportation, treatment, storage and disposal of hazardous waste. Funding Priority - Fiscal Year 2010: Assistance to State governments in the development and implementation of an authorized hazardous waste management program for the purpose of controlling the generation, transportation, treatment, storage and disposal of hazardous waste. TYPES OF ASSISTANCE:

Formula Grants (Cooperative Agreements)

USES AND USE RESTRICTIONS:

Under Section 3011, funds may be used for development and implementation of authorized State hazardous waste programs.

Applicant Eligibility:

State agencies responsible for hazardous waste management within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and interstate agencies established by the appropriate states and approved by the EPA Administrator under Section 1005 of the Solid Waste Disposal Act are eligible. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to a particular subset of eligible applicants consistent with the Agency's competition policy. Beneficiary Eligibility:

State agencies responsible for hazardous waste management within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and interstate agencies established by the appropriate states and approved by the EPA Administrator under Section 1005 of the Solid Waste Disposal Act.

Credentials/Documentation:

The State work plan is to be sent to the appropriate EPA Regional Office by the date 60 days before the beginning of the budget period (typically by August 1 of each year, if the budget period is the Federal fiscal year). OMB Circular No. A-87 applies to this program.

Preapplication Coordination:

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. 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. Requests for application forms and completed applications must be submitted to the appropriate EPA Regional Grants Administration Office. The hazardous waste management staff of the appropriate EPA Regional Office (listed in the address appendix of the Catalog) is available to assist in preparation of the application. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities

under this CFDA.

Award Procedure:

EPA reviews each application. They shall be subjected to administrative evaluation to determine adequacy of application in relation to grant regulations and to technical and program evaluation to determine the merit and relevancy of the project or program. For competitive awards, EPA will review applications, proposals or submissions in accordance with the terms, conditions, and criteria in the solicitation/announcement of the competitive funding opportunity. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:

For applicants under Section 3011, 60 days.

Appeals:

As described in 40 CFR Part 31, Subpart F. Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals:

For applicants under Section 3011, grants and cooperative agreements are renewed annually, provided all requirements are met.

Formula and Matching Requirements:

Statutory Formula: Title Solid Waste Disposal Act. This program operates under a formula. Statistical factors used for allocation include: 1) State population, as determined by the most recent Census; 2) number of hazardous waste management facilities in States, based on studies conducted by EPA, Office Of Solid Waste; 3) number of Large Quantity Generators (LQGs), based on studies conducted by EPA, Office of Solid Waste; and 4) the number of facilities requiring corrective action, based on studies conducted by EPA, Office of Solid Waste. By law, all States and trust territories are eligible for funding. The formula is based on each State's population (17 percent); (LQG) number of facilities proceeding amount of waste produced (16 percent); number of hazardous waste management facilities (52 percent); and the number of facilities requiring corrective action (15 percent). Matching Requirement: Maximum Federal share of approved costs is 75 percent; State must provide at least 25 percent of approved costs. (Regional Administrators will determine each State allotment.).

Matching Requirements: This program operates under a formula. Statistical factors used for allocation include: 1) State population, as determined by the most recent Census; 2) number of hazardous waste management facilities in States, based on studies conducted by EPA, Office Of Solid Waste; 3) number of Large Quantity Generators (LQGs), based on studies conducted by EPA, Office of Solid Waste; and 4) the number of facilities requiring corrective action, based on studies conducted by EPA, Office of Solid Waste. By law, all States and trust territories are eligible for funding. The formula is based on each State's population (17 percent); (LQG) number of facilities proceeding amount of waste produced (16 percent); number of hazardous waste management facilities (52 percent); and the number of facilities requiring corrective action (15 percent). Matching Requirement: Maximum Federal share of approved costs is 75 percent; State must provide at least 25 percent of approved costs. (Regional Administrators will determine each State allotment.).

This program has MOE requirements, see funding agency for further details. Length and Time Phasing of Assistance:

Grants are normally funded on a 12 month basis (Federal or State fiscal year). The total project period varies according to program requirements. Assistance is awarded by advance payment method. Method of awarding/releasing assistance: lump sum.

Reports:

Program reports are required on an annual basis. Cash reports are required. Progress reports are required. No expenditure reports are required. Performance monitoring is conducted.

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:

Financial reports, including all documents to support entries on the accounting records and to substantiate charges to each grant or cooperative agreement must be kept available to personnel authorized to examine EPA grant accounts in an institution. All records must be maintained for 3 years from the date of the submission of the annual financial status 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:

68-0108-0-1-304.

Obligations:

(Formula Grants (Cooperative Agreements)) FY 08 $101,440,000; FY 09 est $101,046,000; FY 10 est $101,046,000

Range and Average of Financial Assistance:

Most fiscal years range $250,000 to $8,500,000; average: $2,060,000.
PROGRAM ACCOMPLISHMENTS:

Fiscal Year 2008: In fiscal years 2008 and 2009, States continued to develop and implement programs providing cradle to grave control of hazardous wastes (under Section 3011). Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

REGULATIONS, GUIDELINES, AND LITERATURE:

General Grant Regulations and Procedures, Environmental Protection Agency,
40 CFR Part 31; State and Local Assistance, EPA, 40 CFR Part 35; "EPA
Assistance Administration Manual," available from the National Technical
Information Service, Springfield, VA 22161 on a subscription basis.
Regional or Local Office:

See Regional Agency Offices. State agencies are encouraged to communicate with the appropriate EPA Regional Administrator listed in Appendix IV of the Catalog.

Headquarters Office:

Wayne Roepe, EPA Headquarters, Ariel Rios Building

1200 Pennsylvania Avenue, N. W., Mail Code: 5303P

, Washington, District of Columbia 20460 Email: roepe.wayne@epa.gov Phone: (703) 308-8630

Website Address:

http://www.epa.gov./epaoswer/osw/

RELATED PROGRAMS:

66.600 Environmental Protection Consolidated Grants for the Insular Areas Program Support

EXAMPLES OF FUNDED PROJECTS:

Fiscal Year 2008: State projects to develop a hazardous waste program designed to meet the substantive and procedural requirements of an "authorized" program. (Section 3006). Specific types of activities conducted by states include 1) issuance of hazardous waste management permits, 2) oversight of corrective action at hazardous waste management facilities, 3) inspections of hazardous waste management facilities, 4) inspections of hazardous waste generators, and 5) waste minimization activities. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available CRITERIA FOR SELECTING PROPOSALS:

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.

66.802 SUPERFUND STATE, POLITICAL SUBDIVISION, AND INDIAN TRIBE SITE-SPECIFIC COOPERATIVE AGREEMENTS

FEDERAL AGENCY:

Office of Solid Waste and Emergency Response, Environmental Protection Agency

AUTHORIZATION:

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, Section 104(d), 42 U.S.C 9604(d); American Recovery and Reinvestment Act of 2009.

OBJECTIVES:

To (1) conduct site characterization activities at potential or confirmed hazardous waste sites; (2) undertake response planning and implementation actions at sites on the National Priorities List (NPL) to clean up the hazardous waste sites that are found to pose hazards to human health; and (3) effectively implement the statutory requirements of CERCLA 121(f) which mandates substantial and meaningful State involvement. Funding Priority - Fiscal Year 2009: Funding must be used at specific hazardous waste sites to: (1) conduct non time critical removal actions; (2) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations, feasibility studies, and remedial design activities at potential or confirmed hazardous waste sites; (3) conduct remedial actions (i.e., clean up) at uncontrolled hazardous waste sites as listed on the National Priorities List (40 CFR 300); (4) support CERCLA implementation activities; (5) identify Potentially Responsible Parties (PRPs); (6) conduct settlement negotiations; (7) take enforcement actions against PRPs; and (8) oversee PRP cleanups. Funding Priority - Fiscal Year 2010: Funding must be used at specific hazardous waste sites to: (1) conduct non time critical removal actions; (2) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations, feasibility studies, and remedial design activities at potential or confirmed hazardous waste sites; (3) conduct remedial actions (i.e., clean up) at uncontrolled hazardous waste sites as listed on the National Priorities List (40 CFR 300); (4) support CERCLA implementation activities; (5) identify Potentially Responsible Parties (PRPs); (6) conduct settlement negotiations; (7) take enforcement actions against PRPs; and (8) oversee PRP cleanups.

States, Indian Tribes, or political subdivisions receiving cooperative agreement funding from the American Recovery and Reinvestment Act of 2009 (Recovery Act), must use those funds for response actions that can be implemented expeditiously and promote job creation and preservation in a manner consistent with the Funding Priority listed above.

TYPES OF ASSISTANCE:

Cooperative Agreements

USES AND USE RESTRICTIONS:

Funding may be used to: (1) conduct non time critical removal actions; (2) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations, feasibility studies, and remedial design activities at potential or confirmed hazardous waste sites; (3) conduct remedial actions (i.e., clean up) at uncontrolled hazardous waste sites listed on the National Priorities List (40 CFR 300); (4) support CERCLA implementation activities; (5) identify Potentially Responsible Parties (PRPs); (6) conduct settlement negotiations; (7) take enforcement actions against PRPs; and, (8) oversee PRP cleanups. Funding may not be used to conduct tasks or activities not authorized by CERCLA. Funds may not be used for non-site-specific Core Program activities (see 66.809). 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:

States (and political subdivisions thereof), Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments, including intertribal consortia.

Beneficiary Eligibility:

States (and political subdivisions thereof), Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments, including intertribal consortia.

Credentials/Documentation:

OMB Circular No. A-87 applies to this program.
Preapplication Coordination:

The standard application forms as furnished by the Federal agency and required by OMB Circular No. A 102 must be used for this program. Consultation and preapplication conference(s) are recommended. 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. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedure:

EPA regional Superfund program offices will conduct an administrative evaluation to determine the adequacy of the application in relation to grant regulations and technical and program evaluation to determine the merit and relevance of the project. The Agency will then advise the applicant if funding is being considered. A final work plan will then be negotiated with the applicant. Final approval of application and supporting documentation and offer of award is made by the EPA Regional Administrator unless redelegated to the Regional Division Director. For the Recovery Act funding, EPA will award separate cooperative agreements.

Deadlines:

Not Applicable.

Range of Approval/Disapproval Time: Approximately ninety (90) days.

Appeals:

Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Renewals:

Extensions are available but not guaranteed. The original cooperative agreement is amended by using EPA Standard Form 424 and submitting it to the Regional Administrator.

Formula and Matching Requirements:

This program has no statutory formula.

Matching Requirements: None required for pre NPL activities or for remedial planning at any site if the site was privately owned and operated at the time of disposal of hazardous wastes. Matching Requirements: 10 percent State, 90 percent Federal, for remedial action if the site is privately owned and operated at the time of disposal of hazardous wastes. Minimum 50 percent State, 50 percent Federal, of all response costs if the site was State/locally operated at time of any disposal of hazardous waste (Note: percentage may vary). CERCLA section 104(c)(3). Tribal governments are not required to share in the costs of Superfund actions. This program has no statutory formula. This program does not have MOE requirements. Length and Time Phasing of Assistance:

Funds awarded for duration of project, subject to time constraints imposed by EPA. Money is released on a draw down or a letter of credit basis. See the following for information on how assistance is awarded/released: In order to receive payment by the letter of credit method, the recipient must comply with the requirements regarding letter of credit described in 40 CFR 31.20 (b)(7) and 31.21(b). The recipient must identify and charge costs to specific sites, activities, and operable units, as applicable, for drawdown purposes as specified in the Cooperative Agreement. If the recipient is unable to meet letter of credit requirements, EPA will pay the recipient by reimbursement. The recipient must comply with the requirements regarding reimbursement described in 40 CFR 31.21(d).

Reports:

Program reports are required pursuant to 40 CFR 35, Subpart O. Grantees are required to submit financial reports in accordance with Agency policy and the

Financial Reporting and Financial Management Systems requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. Progress reports, notification of significant developments, property inventory reports, procurement reports, financial reports, and final reports are required pursuant to 40 CFR 35, Subpart O. Financial status reports are required. Perforance monitoring is required.

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 and Part 35, Subpart O are applicable. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants, available to personnel authorized to examine EPA recipients grants and cooperative agreements records. The recipient must maintain all records for 10 years following submission of the final Financial Status Report unless otherwise directed by the EPA award official, and must obtain written approval from the EPA award official before destroying any records. If any litigation, claim, negotiation, audit, cost recovery, or other action involving the records has been started before the expiration of the ten year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular ten year period, whichever is later. Account Identification:

20-8145-0-7-304.

Obligations:

(Cooperative Agreements) FY 08 $85,400,000; FY 09 est $117,000,000; FY 10 est $50,000,000 - $67 million (estimate) is for recovery and reinvestment act obligation. These dollars will be used to clean-up Superfund sites. Range and Average of Financial Assistance:

$30,000 to $ 14.5 million; average amount $578,000.

PROGRAM ACCOMPLISHMENTS:

Fiscal Year 2008: In fiscal years 2008 and 2009, all 10 EPA Regional Offices awarded or continued to fund cooperative agreements to lead cleanup actions, or to support EPA-lead cleanup actions, at hazardous waste sites. Cooperative agreements were awarded to lead the evaluation of newly discovered sites, to assess and investigate sites that have been identified as needing further action, to select, in partnership with EPA, the appropriate technologies and cleanup actions for these sites, to design the selected technologies and cleanup actions, and to construct the designed remedy. Funding was used to start or continue long term remedial actions to treat ground water where remediation goals have not yet been reached. Finally, funding was provided to meaningfully and substantially participate in cleanup actions where EPA led the cleanup. Fiscal Year 2009: In fiscal years 2008 and 2009, all 10 EPA Regional Offices awarded or continued to fund cooperative agreements to lead cleanup actions, or to support EPA-lead cleanup actions, at hazardous waste sites. Cooperative agreements were awarded to lead the evaluation of newly discovered sites, to assess and investigate sites that have been identified as needing further action, to select, in partnership with EPA, the appropriate technologies and cleanup actions for these sites, to design the selected technologies and cleanup actions, and to construct the designed remedy. Funding was used to start or continue long term remedial actions to treat ground water where remediation goals have not yet been reached. Finally, funding was provided to meaningfully and substantially participate in cleanup actions where EPA led the cleanup. Fiscal Year 2010: No Current Data Available

REGULATIONS, GUIDELINES, AND LITERATURE:

40 CFR 30; 40 CFR 31; 40 CFR 35, Subpart O; 25 CFR 20; and Program

Guidance Documents.

Regional or Local Office:

See Regional Agency Offices. Regional Administrators: See Appendix IV of the Catalog.

Headquarters Office:

Angelo Carasea, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation, Office of Solid Waste and Emergency Response, Mail Code 5204P, EPA, Washington, District of Columbia 20460 Email: carasea.angelo@epa.gov Phone: (703) 603-8828.

Website Address:

http://www.epa.gov/superfund

RELATED PROGRAMS:

66.809 Superfund State and Indian Tribe Core Program Cooperative Agreements

EXAMPLES OF FUNDED PROJECTS:

Fiscal Year 2008: Preliminary Assessments/Site Inspections; Remedial Investigation; Feasibility Study; Remedial Design; Remedial Action (i.e., clean up); PRP searches; RI/FS negotiations; RD/RA Negotiations; PRP oversight; Non Time Critical Removal Actions; State participation in federal lead projects. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

CRITERIA FOR SELECTING PROPOSALS:

For fund-lead remedial action, the site must appear on the National Priorities List of the National Oil and Hazardous Substances Contingency Plan (NCP) (40 CFR 300). Removal actions require a planning period of six months or more. Each project is examined and selected on a case-by-case basis based upon site ranking, availability of matching funds from the State, availability of Trust funds, receipt of application and other criteria as determined by EPA.

66.804 UNDERGROUND STORAGE TANK PREVENTION,
DETECTION AND COMPLIANCE PROGRAM

UST Prevention, Detection and Compliance Program
FEDERAL AGENCY:

Office of Solid Waste and Emergency Response, Environmental Protection
Agency

AUTHORIZATION:

Solid Waste Disposal Act (SWDA) of 1976, Section 2007; Energy Policy Act of 2005, Title XV, Section 1521-1533, Public Law 109-58, 42 U.S.C 15801; Ethanol And Motor Fuels, Title B, Section 1521, Public Law 109-58, 42 U.S.C 15801; Superfund Reauthorization Amendments of 1986, Title I, Section 2007(f); Energy Policy Act of 2005, 42 U.S.C 6916(f)(2). OBJECTIVES:

To assist States, Territories, Tribes and Intertribal Consortia that meet the requirements at 40 CFR 35.504, in the development and implementation of underground storage tank (UST) programs and for leak prevention, compliance and other activities authorized by the Energy Policy Act (EPAct) of 2005 and EPA's annual appropriations acts. Funding Priority - Fiscal Year 2009: High priority tasks include providing financial assistance: 1) to states and Tribes in implementing the UST program; 2) to states to help them meet their responsibilities authorized under the Energy Policy Act (EPAct) (e.g., conducting more frequent inspections, prohibiting delivery for non-complying facilities, and requiring either secondary containment for tank systems or financial responsibility for manufacturers and installers); 3) to Tribes to conduct on-site inspections in Indian Country every three years in accordance with EPAct requirements; 4) to states and Tribes to encourage owners and operators to properly operate and maintain their USTS; 5) to states and Tribes to ensure owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations; and 6) to states to develop State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program. LUST prevention funds may be used by States for inspections and other release prevention and compliance assurance activities for federally-regulated underground storage tanks (USTs), as well as for enforcement activities related to release prevention. Priority will be given to

providing funds to enable the States to meet their responsibilities under Title XV, Subtitle B of the Energy Policy Act of 2005. States that have entered into assistance agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTS. The Agency provides financial assistance to Tribes to develop and implement programs to manage USTS. Funding Priority - Fiscal Year 2010: High priority tasks include providing financial assistance: 1) to states and Tribes in implementing the UST program; 2) to states to help them meet their responsibilities authorized under the Energy Policy Act (EPAct) (e.g., conducting more frequent inspections, prohibiting delivery for non-complying facilities, and requiring either secondary containment for tank systems or financial responsibility for manufacturers and installers); 3) to Tribes to conduct on-site inspections in Indian Country every three years in accordance with EPAct requirements; 4) to states and Tribes to encourage owners and operators to properly operate and maintain their USTS; 5) to states and Tribes to ensure owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations; and 6) to states to develop State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program. LUST prevention funds may be used by States for inspections and other release prevention and compliance assurance activities for federally-regulated underground storage tanks (USTs), as well as for enforcement activities related to release prevention. Priority will be given to providing funds to enable the States to meet their responsibilities under Title XV, Subtitle B of the Energy Policy Act of 2005. States that have entered into assistance agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTS. The Agency provides financial assistance to Tribes to develop and implement programs to manage USTs.

TYPES OF ASSISTANCE:

FORMULA GRANTS

USES AND USE RESTRICTIONS:

States and Tribes may use financial assistance under this program for eligible and allowable costs incurred under assistance agreements for leak prevention, detection, and compliance, as described in the Section:50 Funding Priority. Assistance agreements are available to support recipients' eligible and allowable direct costs incurred under an approved work plan plus allowable indirect costs, in accordance with established EPA policies and regulations. Funds awarded under this program may be used by states and Tribes for the following types of activities: (1) Encouraging owners and operators to properly operate and maintain their USTS. (2) Ensuring owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations. (3) Developing State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program. (4) Conducting more frequent inspections. (5) Prohibiting delivery to noncompliant tanks. (6) Requiring either secondary containment for new tank systems or financial responsibility for manufacturers and installers. These assistance agreements may also be used for EPA to help States, who request it, and for the Agency, to obtain SEE enrollees through a SEE assistance agreement to work on the State's underground storage tanks and to support direct UST implementation programs.

Unlike State and Tribal Assistance Grant (STAG) funding under Section 2007(f) of the Solid Waste Disposal Act (SWDA), the LUST prevention funding under Section 9011 and other applicable provisions of Subtitle I of the SWDA is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA may award combined STAG funded UST prevention, detection, and compliance assistance agreements authorized by Section 2007(f) with LUST prevention assistance agreements authorized by Subtitle I if the combined agreement is not included in a PPG.

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:

Prevention, detection and compliance assistance agreements are only available

to States and Territories and 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." These assistance agreements may also be used for EPA to help States, who request it, to obtain SEE enrollees through a SEE assistance agreement to work on the State's underground storage tanks and to support direct UST implementation programs.

Beneficiary Eligibility:

States, Territories, Tribes and Intertribal Consortia.
Credentials/Documentation:

States and Territories must either submit certification indicating the State or
Territory meets the applicable Energy Policy Act provisions, or submit
documentation describing the State or Territory's efforts to meet the
requirements, in accordance with EPA's Energy Policy Act grant guidelines
(http://www.epa.gov/oust/fedlaws/epact_05.htm). 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. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. EPA may award combined or separate assistance agreements for leak prevention. Award Procedure:

These funds are awarded non-competitively. However, if EPA elects to hold competitions for Tribal and/or Intertribal Consortia assistance agreements, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

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. An assistance agreement must be signed between EPA and the State or Territory or EPA and the Tribe or Intertribal Consortia. EPA awards the assistance agreements to states through a previously established allocation process, issued under national guidance rather than through competition(see 40 CFR 35.332 and EPA Order 5700.5, Section 6(c)(1)).

Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:
Generally, from 3 to 4 months.

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, Subpart I.
Matching Requirements: The UST prevention, detection, and compliance

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