Air Pollution Control Program Support (66.001)
Program
66.001 Air Pollution Control Program Support
Federal Agency
OFFICE OF AIR AND RADIATION, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Clean Air Act of 1990, Section 105, as amended; Public Law 101-549.
Program Number
66.001
Last Known Status
Active
Objectives
To assist State, Tribal, Municipal, Intermunicipal, and Interstate agencies in planning, developing, establishing, improving, and maintaining adequate programs for prevention and control of air pollution or implementation of national primary and secondary air quality standards. Funding Priority: Grant funds are targeted to recipients to help EPA address three major priorities in air pollution control: (a) attain and maintain national ambient air quality standards for criteria pollutants (ozone, particulate matter, visibility; carbon monoxide, lead, sulfur dioxide and nitrogen dioxide) which endanger human health (particularly sensitive populations) and the environment; (b) eliminate unacceptable risks of cancer and other health problems from air toxics emissions; and (c) reduce the destructive effects of acid rain deposition on land and water systems formed by ambient nitrates and sulfates. Section 105 provides funds to help states, locals and tribes to address the new standards for ozone and fine particulate matter - assessing transport and regional impacts, characterizing their air quality status, developing attainment plans, and implementing and assessing the effectiveness of control strategies. Strategies include regulation of stationary sources, mobile source emissions testing and trip reduction measures, participation in an interstate emissions trading program, and other innovative early reduction and voluntary measures at the local level. Funds will also go to state, local and Tribal governments to bolster their individual roles in regional efforts to reduce visibility-impairing regional haze. Funds continue to assist states, Tribes and local agencies in implementing strategies to reduce the other criteria pollutants, review data for their designation to attainment, and assist in developing plans, as necessary, to maintain compliance with standards. For air toxics, grants are provided to expand the air toxics monitoring network operated by state, tribal and local agencies in order to better characterize air toxics risks and assess the effectiveness of control strategies. Funds are also provided to help state and other agencies implement maximum achievable control technology standards (MACT) and other air toxics standards affecting the emissions of specific categories of sources. Funds also help carry out national, regional and community-based initiatives that focus on the identification and reduction of residual, multi-media and cumulative air toxics risks. Funds for acid deposition enable states to conduct analyses of the impacts of acid rain on land and water bodies, assess the effectiveness of control strategies and monitor the market-based acid rain trading program involving emissions from electric utilities. Overall, section 105 funds promote not only agency-specific air pollution prevention and control efforts but also efforts intended to address multiple pollutant, cross-media and interstate and trans-boundary.
Types of Assistance
Project Grants.
Uses and Use Restrictions
Grant funds may be used for costs specifically incurred in the conduct of a State/Local/Tribal Air Pollution Program in accordance with the purposes enumerated in the approved application. These include personnel costs, supplies, equipment, training of personnel, travel, and other necessary expenditures during the approved project period. Funds may not be used for construction of facilities, nor for expenses incurred other than during each approved award period.
Eligibility Requirements
Applicant Eligibility
Any Municipal, Intermunicipal, State, Federally Recognized Indian Tribe, or Interstate or Intertribal agency with legal responsibility for appropriate air pollution planning, development and establishment of air pollution control activities and operation of activities for grant support provided such organization furnishes funds for the current year that are equal to or in excess of its recurrent expenditures for the previous year for its air pollution program. the determination of expenditures is subject to decisions based on provisions of the Clean Air Act and applicable grant regulations. This program is available to each State, territory and possession of the U.S., including the District of Columbia.
Beneficiary Eligibility
Municipalities, Intermunicipalities, States, Federally Recognized Indian Tribes, and Interstate and Intertribal agencies.
Credentials/Documentation
The application must supply evidence of legal authority for air pollution control; evidence of the availability of nonfederal matching funds; evidence that the Governor or his designated State agency has been given the opportunity to comment on the relationship of the program to be funded to the State plan; and a workable program officially adopted for the agency. Principles for determining allowable costs are set forth in applicable Federal management circulars described in the general grant regulations and procedures 40 CFR Part 30 (Shouldn't this be part 31?) of the Federal Regulations. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Application and Award Process
Preapplication Coordination
Discussion with the applicable EPA Regional Office is advised for air program grant applications. The standard application forms as furnished by the Environmental Protection Agency and required by OMB Circular No. A-102 must be used for this program. Applications are subject to the State's review. 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 Procedure
Requests for application forms and completed applications must be submitted to the appropriate EPA Regional Grants Administration Branch. Application must meet the requirements of the grant regulations and will be reviewed to determine merit and relevancy of the proposed project. This program is excluded from coverage under OMB Circular No. A-110.
Award Procedure
Procedures for awards are outlined in General Grant Regulations 40 CFR Part 31.
Deadlines
None.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Part 31, Subpart F.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
State, Interstate, and Local programs may receive up to 60 percent Federal funding. The amount of Federal share of grant costs should be determined by reference to the criteria set forth in Section 105 of the Clean Air Act and in 40 CFR 35.145. Not more than 10 percent of the funds available shall be granted for air pollution control programs in any one State. Not less than one-half of one percent of the funds are to be made available as a minimum to a State for application. However, award of these funds will be made only if the agencies within the State meet the requirements of the Act and grant regulations. For Indian Tribes establishing eligibility pursuant to Section 35.573, the Regional Administrator may provide financial assistance in an amount up to 95 percent of the approved costs of planning, developing, establishing, or improving an air pollution control program, and up to 95 percent of the approved costs of maintaining that program. After 2 years from the date of each Tribe's initial grant award, the Regional Administrator will reduce the maximum federal share to 90 percent, as long as the Regional Administrator determines that the Tribes meet certain economic indicators that would provide an objective assessment of the tribe's ability to increase its share.
Length and Time Phasing of Assistance
The terms of the grant shall be determined at time of grant award.
Post Assistance Requirements
Reports
As specified in the grant award and through applicable regulations (usually quarterly, interim, and final progress and expenditure reports).
Audits
Grants are subject to inspection and audit by EPA and the Comptroller General. Periodic audits should be made as part of the recipient's systems of financial management and internal control to meet terms and conditions of grants and other agreements. In accordance with the provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more within the State's fiscal year shall have an audit made for that year. The Office of Management and Budget (OMB) Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," was published in the Federal Register on June 30, 1997. The Circular implements the Single Audit Act amendments of 1996. With the revised Circular, the previous OMB Circular No. A-128 for single audits of State and local governments was rescinded and the single audit requirements for these entities were incorporated among the provisions of OMB Circular No. A-133.
Records
Financial records, including all documents to support entries on accounting records and to substantiate charges to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of 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.
Program Accomplishments
During fiscal year 2002 a total of $177,114,700 including amendments and special support) was targeted to State, Tribal, and local air pollution control agencies to develop, establish, improve and maintain air pollution control programs. For fiscal year FY 2003, these agencies will continue to implement, as part of their programs, high priority national programs in areas of ozone non-attainment, carbon monoxide non-attainment, lead non-attainment, SO2 non-attainment, air toxics standards, particulate matter non-attainment, nitrogen dioxide non-attainment and visibility activities.
Financial Information
Account Identification
68-0103-0-1-304.
Obligations
FY 02 $177,114,700 ($166,046,700 State/local and $11,068,000 Tribal); FY 03 $180,574,600 ($169,506,600 State/local and $11,068,000 Tribal); and FY 04 est. not available. Note: These figures include additions by Congress to the STAG appropriation for Section 105 purposes but do not include STAG funds awarded under CAA authorities other than Section 105.
Range and Average of Financial Assistance
From $7,500 to $7,000,000 per recipient; $900,000.
Regulations, Guidelines and Literature
Air Pollution Control Program Grants, EPA, 40 CFR Part 35 (revised January 9, 2001); Interim Rule published January, 1995 (FR 366); General Grant Regulations and Procedures, EPA, 40 CFR Part 31.
Related Programs
66.600, Environmental Protection Consolidated Grants_Program Support.
Information Contacts
Regional or Local Office
For program information: contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
Headquarters Office
For program information: William Houck, National Air Grant Coordinator, State/local (202) 564-1234; and Darryl Harmon, Tribal Air Coordinator (202) 564-7416, Office of Air and Radiation, Environmental Protection Agency, Washington, DC 20460. Mail Code 6102A.
Web Site Address
Examples of Funded Projects
1) State Department of Environmental Protection, Bureau of Air Control; 2) County Air Pollution Control; 3) State Boards of Health; 4) State Air Control Board; 5) State Air Resources Board; and 6) Local Air Pollution Control Agencies. Air pollution control program grants are provided to State and local control agencies for purpose of operating programs that plan and implement activities to achieve ambient air quality standards.
Criteria for Selecting Proposals
The criteria for awarding air pollution control program assistance grants are provided in the 1990 Clean Air Act, Section 105, and set forth in State and local assistance grant regulations (40 CFR 35). Some of the criteria considered for award include the following: 1) No grant may be awarded unless the program contained in the grant application meets the requirements of Section 35.140 and has been approved by the Regional Administrator. Sections 35.104 and 35.107 describe what an agency needs to do to prepare an adequate application. This usually includes the use of annual guidance from EPA and is generally done in consultation with the EPA Regional Office. 2) No grant may be awarded until the Regional Administrator has consulted with the official designated by the Governor(s) of the State(s) affected by such award pursuant to Section 105(b) of the Clean Air Act. Such consultation should consider the role of the applicant in the enforcement of any applicable implementation plan and confirm that the applicant's program will be generally compatible with the objectives of the applicable implementation plan. 3) The requirements of this Section shall not apply to Indian Tribes that have established eligibility pursuant to Section 35.573 and intertribal agencies made up of such Tribes. Pursuant to an interim rule published January 4, 1995 (FR 366) this requirement could have been waived for a limited period under specified circumstances (relative to Title V permit program approval). This waiver is no longer applicable. 4) No grant may be awarded unless the Regional Administrator has determined that the agency has adequate air pollution control authority and necessary regulations to implement such authority.
