Air Pollution Control Program Support (66.001)

Program

66.001 Air Pollution Control Program Support

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Air and Radiation

Authorization

Clean Air Act of 1990, Section 105, Public Law 101-549.

Program Number

66.001

Last Known Status

Active

Objectives

The objectives of the �105 program are to assist State, Tribal, Municipal, Intermunicipal, and Interstate agencies in planning, developing, establishing, improving, and maintaining adequate programs for the continuing prevention and control of air pollution and/or in the implementation of national primary and secondary air quality standards. Funding Priority - Fiscal Year 2009: By nature, much of the work occurring in FY 2008 will continue into FY 2009. However, several new developments will alter the priorities for the program across the country in FY 2009 � the response to the new national ambient air quality standards (NAAQS) for ozone, lead, and fine particulates (PM2.5). Recipients will continue to review air quality reports and take appropriate actions dealing with new violating attainment areas with any of the NAAQS; submit re-designation requests including maintenance plans for areas with clean air quality data as appropriate; work with local area stakeholders to support innovative and voluntary initiatives; continue to implement 8-hr ozone SIPs; and submit any outstanding ozone SIP elements (including prior commitments). Recipients will also begin preparing recommendations on designations for the revised ozone and lead NAAQS. For PM2.5, recipients will submit any outstanding PM2.5 SIP elements as needed and implement PM2.5 plans designed to attain the 1997 NAAQS. They will also take any final actions needed in the 2006 PM2.5 NAAQS designations process, and begin SIP planning for attaining the 2006 standards. Some states will work with local agencies to implement woodstove change-out programs in areas where change-outs could significantly reduce ambient particle concentrations. Areas may also explore feasibility of changing out existing outdoor wood-fired boilers to significantly reduce PM2.5 concentrations. As in FY 2008, for ambient monitoring, all state/local primary quality assurance organizations operate monitors and submit NAAQS pollutant data, Photochemical Assessment Monitoring Stations (PAMS), and quality assurance (QA) data to AQS directly or indirectly through another organization according to schedule in 40 CFR Part 58. Data must also meet quality assurance requirements according to Appendix A to 40 CFR Part 58. These organizations will also submit their required annual (monitoring) network plans by July 1 of 2009. They must also certify their 2008 NAAQS pollutant data in AQS and provide supporting documentation by July 1, 2009 (state/local only, unless tribal work plan requirement). Additionally monitoring organizations will report real time ozone and PM2.5 data to AirNOW system for cities required to report the Air Quality Index (AQI) (state/local only); will continue the 5-year-cycle network assessment required by July 1, 2010; (state/local only, unless tribal work plan requirement), and include final NCore siting plan in Annual Monitoring Network Plan due July 1, 2009. Air quality reporting, including particle pollution forecasting, will be expanded to additional cities. States affected by the NOx SIP Call will continue to contribute a portion of their grant funds to support a centrally-administered emissions budget and trading program as part of their NOx State Implementation Plan. For regional haze, States and other stakeholders will continue to work with EPA on issues related to submitted regional haze SIPs and will continue to implement Best Available Retrofit Technology (BART) requirements. As in FY 2008, funds for air toxics purposes are provided to: expand existing air toxics monitoring networks operated by State, Tribal, and local agencies in order to better characterize air toxics risks and assess the effectiveness of control strategies. In FY 2009 this includes an increased focus on monitors located at schools. Recipients will collect data for the integrated 2008 hazardous air pollutant (HAP) emissions inventory; implement delegated or approved section 112, 111(d) and 129 standards, as appropriate, for major sources and area sources; implement delegated residual risk standards; and work with communities to develop and implement voluntary air toxics programs that address outdoor, indoor, and mobile sources with emphasis on areas with potential environmental justice concerns. State and local air pollution control agencies work with EPA to operate the national fine particulate (PM2.5) monitoring network to accurately assess and characterize the nature and extent of fine particulates (PM2.5) across the country. This assessment is necessary to determine the air quality status of an area in relation to the national PM2.5 ambient air quality standard. At least three years of quality-assured data are required in order to determine an area's attainment status. The air quality status of an area will determine the nature and complexity of its attainment plan, its associated control strategies, and its implementation schedule. The immediate goals of this multi-year program are: appropriate spatial characterization of PM2.5 NAAQS; public reporting of PM2.5 in the Air Quality Index; characterization of PM2.5 chemical speciation data for long term trends; development and accountability of emission control programs and tracking of regional haze, and limited support of health studies; implementation of NCore CO, SO2, NO2/NOy trace-level monitoring to support characterization of PM precursors; assessment of PM2.5 data quality; and procurement and testing of PM2.5 filters. Grant funds are used to provide support to eligible state and local air agencies for continued operation of high value federal reference method (FRM) and speciation monitoring sites; additional investments in PM2.5 mass and speciation continuous monitoring and associated data management systems for timely reporting of high quality data; and continued investments in precursor gas analyzers, data analyses, and quality assurance activities that will support better understanding of particle formation.

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 Control 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. Grant funds may not be used to subsidize the costs of Title V operating permit programs or to supplant otherwise available recipient resources. 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.

Eligibility Requirements

Applicant Eligibility

Municipal, Intermunicipal, State, Federally Recognized Indian Tribe, or Interstate or Intertribal with legal responsibility for appropriate air pollution planning, development, establishment, implementation, and maintenance of Clean Air Act air pollution control activities, including management of grant support for those activities, 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 approved section 105 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. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.

Beneficiary Eligibility

Municipalities (local governments), 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 including responsibility for carrying out the implementation plan requirements under �110 of the Clean Air Act; evidence of the availability of nonfederal matching funds; assurance that federal funds do not supplant available recipient 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 31 of the Federal Regulations. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments. OMB Circular No. A-87 applies to this program.

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. Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog. 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 Procedure

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 Branch. Application must meet the requirements of the grant regulations and will be reviewed to determine merit and relevancy of the proposed project particularly with regard to the most recently available national program and grant guidance. 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

Procedures for awards are outlined in General Grant Regulations 40 CFR Part 31. For competitive awards, 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.

Deadlines

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

Range of Approval/Disapproval Time

Approximately 90 days.

Appeals

Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

Matching Requirements: The Clean Air Act does not prescribe a specific statutory funding formula but does direct that the factors of population, the extent and severity of the air pollution problem, and financial need, be considered in the allocation of available resources by the Agency. The current allocation approach is currently under review for updating by the Agency. EPA is undertaking the review in consultation with eligible recipients. State, Interstate, and Local programs may receive up to 60 % Federal funding for the total approved program costs. The Grantee must contribute a minimum of 40% as well as meet a maintenance of effort (MOE) requirement. 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, 40 CFR 35.146, and 40 CFR 147. Not more than 10 % of the funds available shall be granted for air pollution control programs in any one State. Not less than one-half of one % of the funds are to be made available as a minimum to a State (overall) for application. However, award of these levels of 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 % of the approved costs of planning, developing, establishing, or improving an air pollution control program, and up to 95 % 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 %, 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.

This program has MOE requirements, see funding agency for further details.

Length and Time Phasing of Assistance

The terms of the grant shall be determined at time of award. See the following for information on how assistance is awarded/released: Assistance agreements may be fully funded by a lump sum or funded incrementally (quarterly).

Post Assistance Requirements

Reports

Grantees are required to submit program reports in accordance with Agency policy and the Monitoring and Reporting Program Performance requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. 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. Grantees are required to submit progress reports in accordance with Agency policy and the Monitoring and Reporting Program Performance requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. No expenditure reports are required. Grantees are required to perform performance monitoring in accordance with Agency policy and requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102.

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. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Non-federal 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 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

Fiscal Year 2008: In FY 2008, approximately 110 applications were received from State, Local and Tribal agencies to help support their continuing air quality programs were funded. This same level is expected to be received and funded in FY 2009. These programs plan and implement measures to improve, protect, monitor and report air quality in their communities. The plans integrate state and local measures with federal measures - including advances in environmental technologies (e.g., cleaner fuels, vehicle and industrial technology), in addressing and reducing air pollution and in meeting National Ambient Air Quality Standards (NAAQS). The NAAQS are regularly reassessed to assure that public health and welfare is being adequately protected. The most recent designations for ozone occurred in 2004 and 89 of the original 126 ozone areas are now meeting that NAAQS based on data collected during 2004-2006. Thirteen of the 14 Early Action Compact areas will have been designated attainment by April 15, 2008. For PM, the Agency designated 86 areas, with a total population of 35.8 million people, as nonattainment for PM10 in 1992 and 46 of those areas remain in nonattainment. In 4/05, EPA designated 39 areas as nonattainment for the PM2.5 based on air quality data collected during 2001-2003. Some PM2.5 design values in designated nonattainment areas are improving slightly, especially in the western U.S violated the annual and not the 24-hour NAAQS. As the new standards for ozone and PM2.5 take affect, updates on in designations and progress in air quality status will be provided. States have achieved widespread attainment of standards for several of the criteria pollutants: CO, SO2, NO2 and Lead. Specifically: for carbon monoxide EPA originally designated 78 areas, affecting 69.8 million people, as nonattainment for CO in 1992 with 3 nonattainment areas, affecting 719 thousand people remaining. For sulfur dioxide (SO2), EPA designated 54 areas, with a total population of 9.8 million people, as nonattainment for SO2 in 1992 with 10 nonattainment areas remaining affecting a total population of 1.1 million. All 10 areas have monitoring data measuring attainment of the SO2 NAAQS. For nitrogen Dioxide (NO2), there are no designated NO2 nonattainment areas and all areas continue to meet the NAAQS. For the previous lead (Pb) NAAQS, EPA designated 13 areas, with a total population of 1.8 million people as nonattainment for Pb in 1992 and 2 nonattainment areas remain. Areas failing to meet the new lower lead NAAQS have not been designated as nonattainment. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-0103-0-1-304.

Obligations

(Project Grants) FY 08 $165,049,417; FY 09 est $176,593,000; FY 10 est $221,000,000 - FY 2008 - $165,049,417; F2009 - $176,593,000; FY 2010 - $221,000,000 (projected) [Note: The President's FY 2010 Budget request proposes that PM2.5 air monitoring be funded under CAA Section 105. Funds for this program are included in the estimated FY 2010 total above. In prior years Congress has chosen fund this program under CAA Section 103 which is 100% federal funding.].

Range and Average of Financial Assistance

In FY 2008 - From approximately $69,550 to $6,862,000 per recipient; average approximately $1,500,000.

Regulations, Guidelines and Literature

Air Pollution Control Program Grants, EPA, 40 CFR Part 35 (revised January 9, 2001); Interim Rule published January 4, 1995 (FR V.60 No.2, pp.366-372); General Grant Regulations and Procedures, EPA, 40 CFR Part 31.

Related Programs

66.600 Environmental Protection Consolidated Grants for the Insular Areas - Program Support

Information Contacts

Regional or Local Office

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

Headquarters Office

William Houck, Office of Air and Radiation, Office of Program Management Operations,
EPA Headquarters, Ariel Rios Building, 1200 Pennsylvania Avenue, N. W., Washington, District of Columbia 20460 Email: houck.william@epa.gov Phone: (202) 564-1349.

Web Site Address

http://www.epa.gov/air/

Examples of Funded Projects

Fiscal Year 2008: Continuing program grants are provided to State, Local and Tribal air pollution control agencies for the purpose of operating programs that plan and implement activities to achieve ambient air quality standards. These programs cover: planning for attainment of updated national air quality standards including fine particulates and ozone; state implementation plan development; ambient monitoring; emission inventories; air and emissions modeling; source permitting; certain compliance and enforcement activities related to mobile and non-Title V stationary and area sources; public outreach and education activities; development and implementation of air quality regulations; implementation of market-based, early action compacts and other innovative air pollution reduction or prevention strategies; technical training; risk and data analyses; information management; and program evaluation, progress reporting and other program operation and maintenance activities. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

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 (program purposes and associated regulations) 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 program technical and grant 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. 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. The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.