Compliance Assistance-Support for Services to the Regulated Community and Other Assistance Providers (66.305)
Program
66.305 Compliance Assistance-Support for Services to the Regulated Community and Other Assistance Providers
Federal Agency
OFFICE OF COMPLIANCE, OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Clean Water Act, Section 104, as amended; Public Law 92-500; 33 U.S.C. 1254; Clean Air Act, Section 103, as amended; Public Law 91-604; 42 U.S.C. 7403; Solid Waste Disposal Act, Section 8001, as amended; Resource Conservation and Recovery Act of 1976; Public Law 94-580; 42 U.S.C. 6981.
Program Number
66.305
Last Known Status
Active
Objectives
To provide financial assistance to private nonprofit institutions, universities, and public agencies to develop projects to improve environmental compliance within an identified commercial/industrial sector. The funds are to be used to create compliance assistance tools utilizing industry and commercial communication channels to deliver the assistance tools.
Types of Assistance
Project Grants (Cooperative Agreements).
Uses and Use Restrictions
Funds are to be used to develop and communicate environmental compliance information applicable to the specific industrial or commercial sector for which financial assistance is awarded. It is expected that common communications channels used by the industry would be utilized and distributing the information to the targeted audience quickly. EPA funding must be used only for activities specified in the approved scope of work; discretionary funding will not be provided.
Eligibility Requirements
Applicant Eligibility
Applicants must be nonprofit organizations as that term is defined in Section 4(6) of the Federal Financial Assistance Management Improvement Act of 1999, Public Law 96-107, 31 U.S.C. 6101 Note. Colleges, universities, and community colleges are eligible to apply. EPA will also accept applications from State, tribal and local governments. However, nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995 are not eligible to apply. In addition, for profit organizations are not eligible to apply.
Beneficiary Eligibility
The primary beneficiary is the regulated community that is being serviced by the grantee. Other beneficiaries include state regulatory agencies, and citizens across the United States.
Credentials/Documentation
EPA may request that applicants document their non profit status. The Agency may also request that applicants demonstrate they have appropriate background, experience in the field, organizational capacity and necessary equipment to carry out projects.
Application and Award Process
Preapplication Coordination
Applicants considering submitting unsolicited proposals should discuss proposed projects with or submit preapplications to staff in the appropriate EPA technical program offices. When making competitive awards, EPA will specify the nature of the pre-application assistance, if any, that will be available to applicants in the Requests for Initial Proposals or Requests for Applications. For information contacts, see Appendix IV of the Catalog. No formal or official governmental form is required for submitting the initial application. A Notice of Available Funds will be published in the Federal Register and/or announced on the Agency's web site at www.epa.gov/compliance/assistance/centers/index.html. The Notice will describe the request for initial proposal and final project proposal requirements for the grant. A contact name, phone and facsimile numbers, and e-mail address will be identified in the Federal Register and at the website. The contact person will be available for consultation and assistance to the prospective applicants. 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. See Appendix 1 for additional information regarding SPOC's. If there is no single point of contact for the State, or the State has not selected this program for review, applicants must contact directly affected state area-wide regional and local entities prior to award. (See 40 CFR 29.7(b).)
Application Procedure
The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 and A-110 must be used for this program. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants Administration Division, 1200 Pennsylvania Avenue, NW, Mailcode 3903R, Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Additional information on the EPA grant package can be found at: http://www.epa.gov/ogd/grants/how_to_apply.htm. Unsolicited applications must be submitted to the Grants Administration Division. Applicants are encouraged to submit copies of unsolicited proposals to EPA's Office of Enforcement and Compliance Assurance, 1200 Pennsylvania Avenue, NW, Mailcode 2224A, Washington, DC 20460 at the same time. Requests for Initial Proposals or Requests for Applications will specify application procedures. Applicants will generally find a Notice of Available Funds published in the Federal Register from time to time and/or posted on the Agency's website at www.epa.gov/compliance/assistance/centers/indes.html. Initial and final applications should be sent to: Director, Office of Compliance (2221A), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.
Award Procedure
For non-competitive awards, EPA will conduct an administrative evaluation to determine the adequacy of application in relation to grant regulations and to 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. For competitive awards, EPA will review applications or proposals in accordance with the criteria specified in the Request for Applications or Request for Initial Proposals. Competitions will be conducted under EPA Order No. 5700.5, Policy for Competition in Assistance Agreements (9/12/02).
Deadlines
Unsolicited proposals generally must be received prior to May 15 for funding in applicable fiscal year. For competitive awards, deadlines will be specified in Request for Applications or Request for Initial Proposals.
Range of Approval/Disapproval Time
Appeals
Any disputes that arise during the selection process will be resolved in accordance with 40 CFR 30.63 and Part 31, Subpart F. See www.access.gpo.gov/nara/cfr/.
Renewals
None. Generally, cooperative agreements will be awarded for a five year project period. EPA will partially fund each budget period and will consider funding the balance of budget requests contingent upon satisfactory progress as certified by the EPA Project Officer, the availability of funds, and EPA priorities.
Assistance Considerations
Formula and Matching Requirements
EPA's Appropriation Act requires that applicants submitting unsolicited research grant proposals share in the cost of conducting research. The amount of the cost share will be based on the mutuality of interest between the Government and the applicant. Applicants will be advised of other matching requirements, if any, in Requests for Applications or Requests for Initial Proposals. Although EPA may not require matching funds, applicants may be encouraged to provide information regarding resources (cash/in-kind services) that they would commit to manage a Compliance Assistance Center.
Length and Time Phasing of Assistance
EPA generally funds grants and cooperative agreements on a 12-month basis. However, EPA can negotiate the project period with each applicant based on project requirements. Incremental funding may be available. EPA generally limits project periods to 5 years. EPA will partially fund each budget period and will consider funding the balance of budget requests contingent upon satisfactory progress as certified by the EPA Project Officer, the availability of funds, and EPA priorities.
Post Assistance Requirements
Reports
Reporting requirements are identified at 40 CFR Parts 30 and 31. EPA may include additional information regarding the content and frequency of reporting requirements in the terms and conditions of the agreements.
Audits
Grants and cooperative agreements under this program 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. If the Government Accounting Office of EPA's Inspector General conducts Federal audits, the audits will be made in accordance with OMB Circular No. A- 173 to ensure funds have been used efficiently, economically, and effectively. Recipients must conduct periodic audits in accordance with the provisions of OMB Circular No A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." The Office of Management and Budget (OMB) Circular No. A-133, "Audit 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. The Circular requires nonfederal entities that expend more than $300,000 in Federal award dollars, to have an audit conducted in accordance with the Circular's provisions. 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. Reviews by the EPA Project Officer and the Grants Specialist may occur each year.
Records
The record retention requirements of 40 CFR Part 30 (non-profits and universities) or 40 CFR Part 31 (governmental units) are applicable depending upon the identity of the recipient. EPA may require that for profit recipients follow 40 CFR Part 30. 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 must be retained until the matter is completely resolved.
Program Accomplishments
The Office of Compliance funded 9 Centers and Center Services under 7 cooperative agreements in fiscal year 2002.
Financial Information
Account Identification
68-0108-0-1-304.
Obligations
(Grants) FY 02 $1,077,500; FY 03 est $1,035,000; and FY 04 est $910,000.
Range and Average of Financial Assistance
$93,000 to $165,000/year; $129,000/year.
Regulations, Guidelines and Literature
Compliance Assistance Centers are subject to EPA's General Grant Regulations (40 CFR Part 30 and 40 CFR Part 31). Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments and Indian Tribes, OMB Circular No. A-21 for educational institutions, OMB Circular No. A-122 for non-profit institutions, and FAR Part 31 for profit makers. Additional information pertinent to the Centers program can be found at www.assistancecenters.net. Centers brochures and/or fact-sheets can be obtained by calling the EPA Compliance Team Leader at (202) 564-2310.
Related Programs
None.
Information Contacts
Regional or Local Office
Not applicable.
Headquarters Office
Tracy Back, Compliance Centers Team Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7076. Fax: (202) 564-0037, email: back.tracy@epa.gov. Elson Lim, Transportation Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7006. Fax: (202) 564-0050, email: lim.elson@epa.gov. Steven Hoover, Printed Wiring Board Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7007. Fax: (202) 564-0050, email: hoover.steven@epa.gov. Emily Chow, Chemical Manufacturing Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7071. Fax: (202) 564-0037, email: chow.emily@epa.gov. Kenneth Harmon, Local Government Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7049. Fax: (202) 564-0037, email: harmon.kenneth@epa.gov. Scott Throwe, Metal Finishing Center Lead, 200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7013. Fax: (202) 564-0050, email: throwe.scott@epa.gov. Everett Bishop, Auto Repair & Collision Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7032. Fax: (202) 564-0050, email: bishop.everett@epa.gov. Scott Throwe, Paints & Coatings Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7013. Fax: (202) 564-0050, email: throwe.scott@epa.gov. Sharie Centilla Printing Industry Center Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-0697. Fax: (202) 564- 0050, email: centilla.sharie@epa.gov. Tracy Back Platform Development Lead, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-7076. Fax: (202) 564-0037, email: back.tracy@epa.gov.
Web Site Address
http://www.epa.gov/compliance/assistance/centers/index.html
Examples of Funded Projects
Past projects include the development of sector-specific websites providing a wide range of compliance assistance tools and resources. Tools developed include web sites, toll-free telephone assistance services, e-mail discussion groups, other interactive technologies, video/workbooks, satellite training, compliance audit checklists and guidebooks, compliance fact sheets assistance in implementing pollution prevention activities. The existing Center websites can be accessed at www.assistancecneters.net or www.epa.gov/compliance/assistance/centers/index.html.
Criteria for Selecting Proposals
Competitive applications and proposals will be selected in accordance with announced criteria. Non- competitive proposals are judged for (a) technical merit in terms of: (1) strengths and weaknesses of the project; (2) adequacy of overall project design; (3) competency of proposed staff; (4) suitability of applicant's available resources; (5) appropriateness of the proposed project period and budget; and (6) probability that the project will accomplish stated objectives; and, for (b) program interest in terms of: (1) the need for the proposed project; and (2) relationship to program objectives.
