Consolidated Pesticide Enforcement Cooperative Agreements (66.700)

Program

66.700 Consolidated Pesticide Enforcement Cooperative Agreements

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Enforcement and Compliance Assurance

Authorization

Federal Insecticide, Fungicide, and Rodenticide Act, Section 23, Public Law 92-516, 7 U.S.C 136.

Program Number

66.700

Last Known Status

Active

Objectives

To: (a) Assist States, territories and possessions of the U.S., including the District of Columbia and Indian Tribes, in developing and maintaining comprehensive pesticide programs that address all aspects of pesticide enforcement, and special pesticide initiatives; (b) sponsor cooperative surveillance, monitoring and analytical procedures; and (c) encourage regulatory activities within the States. Funding Priority: State, Territorial, and Tribal agencies participating in this cooperative agreement program receive funds to support and strengthen their pesticide compliance programs, including pesticide compliance monitoring, inspection and enforcement activities. Funding Priority -- Fiscal Year 2009. Two specific compliance monitoring and enforcement activities have been identified as major priorities for this program: the pesticide workers' protection program and pesticides used to protect public health. Other typical program activities include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, and initiation of appropriate enforcement action when violations are detected including civil and criminal prosecution, stop sale orders, seizures, recalls, and warning notices.

Types of Assistance

Cooperative Agreements

Uses and Use Restrictions

Available for costs specifically incurred in purchasing inspectional supplies and equipment; reimbursing State travel and per diem expenses associated with the performance of grant outputs; purchasing essential laboratory equipment and supplies; paying salaries for personnel performing inspectional, analytical and/or managerial functions related to grant activities, and for administrative costs associated with the performance of grant outputs. 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. There are no specific restrictions on the use of this assistance.

Eligibility Requirements

Applicant Eligibility

State agencies having pesticide compliance program responsibilities in each State, territory and possession of the U.S., including the District of Columbia, and Indian Tribes.

Beneficiary Eligibility

States, Federally Recognized Indian Tribal Governments, U.S. Territories and the District of Columbia.

Credentials/Documentation

The application must supply evidence of legal authority to conduct pesticide compliance activities contemplated under the grant and a workable program officially adopted for the agency. 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

Discussions or informal meetings with Regional program offices concerning program preparation are advisable. The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program. This program is excluded from coverage under E.O. 12372. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

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 form and completed applications should be submitted to the appropriate EPA Regional Office (see Appendix IV of the Catalog). The enforcement 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

Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project. States will be notified of Federal Assistance Awards through the Federal Assistance Awards Data System (FAADS). Applicants may use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Deadlines

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

Range of Approval/Disapproval Time

About 60 days.

Appeals

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

Renewals

Applicants must reapply.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

This program has no matching requirements.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Projects are normally funded for a 12-month period. Payments will be on an advance letter of credit or reimbursement basis; recipient must request the initial advance payment on SF 270, Request for Advance or Reimbursement. See the following for information on how assistance is awarded/released: Other.

Post Assistance Requirements

Reports

As requested in the Annual Program Guidance for inclusion in the grant award; quarterly with mid-year and year-end evaluations. Program reports are required. No cash reports are required. Progress reports are required. Expenditure reports are required. Performance monitoring is required under this program.

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 Nonprofit Organizations," nonfederal 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. 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 OMB Circular No. A-133.

Records

Financial records including all documents to support entries on accounting records and to substantiate charges to each cooperative agreement must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for three years from the date of the submission of the annual financial status report or longer if questions still remain, such as those raised as a result of audit.

Program Accomplishments

Fiscal Year 2008: The Consolidated Pesticide Enforcement Cooperative Agreements are continuing environmental program grants. In fiscal years 2008 and 2009, 85 applications for pesticide enforcement grants were received and 85 grants awarded. Agencies participating in the Federal cooperative agreement program receive funds to support and strengthen pesticide compliance monitoring, inspection, and enforcement activities. Typical program activities include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, and initiation of appropriate enforcement action when violations are detected including civil and criminal prosecution, stop sale orders, seizures, recalls, and warning notices. The States will also develop implementation plans for special pesticide initiatives. States will be responsible for dissemination of information and materials related to these pesticide initiatives. States, Territories, and Tribes that are participating in the pesticide enforcement cooperative agreements program conducted 95,000 compliance monitoring inspections in FY 2008. These inspections were conducted at agricultural establishments, pesticide producers and retailers, ports of entry, at pesticide applicators, as well as at other site where pesticides were distributed, sold, or used. As a result of these inspections, 19,023 enforcement actions were initiated in FY 2008 [civil and criminal actions, license suspensions or revocation, warning letters,]. Fiscal Year 2009: For FY 2009, the number of inspections is expected to be between 90,000 and 105,000. Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-0103-0-1-304.

Obligations

(Cooperative Agreements) FY 08 $18,419,000; FY 09 est $18,711,000; FY 10 est $18,711,000

Range and Average of Financial Assistance

Enforcement/States:$32,000(territory) to $800,000; $270,000.

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, State and Local Assistance (40 CFR Part 35 Subpart A), October 12, 1982.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

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

Headquarters Office

Al Havinga Office Of Compliance
Office of Enforcement and Compliance Assurance (2225A)
EPA, Washington, District of Columbia 20460 Email: havinga.al@epa.gov Phone: (202) 564-4147

Web Site Address

http://www.epa.gov/compliance

Examples of Funded Projects

Fiscal Year 2008: State agencies participating in the Federal/State cooperative agreement program receive funds to support and strengthen their pesticide compliance programs, including pesticide compliance monitoring, inspection and enforcement activities as well as special pesticide initiatives activities. Typical program activities, include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, inspections and investigations at ports of entry to assess compliance with import and export requirements, and initiation of appropriate enforcement action when violations are detected, including civil and criminal prosecution, stop sale orders, seizures, recalls and notices. The special pesticide initiatives are new projects, which include the development of State management plans for the protection of groundwater and endangered species from pesticides and development of worker protection programs. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

Each application will be reviewed by the Environmental Protection Agency according to the following criteria: (1) Need: The need for the development, improvement and/or maintenance of a comprehensive pesticides enforcement program within the State that includes enforcement, new initiative programs, and programs that address existing environmental problems, potential problems, and/or existing exposed populations related to the use of pesticides. (2) State Pesticide Activity: The relative amount of pesticide production, formulation and use in a State, and the potential risk to human health and the environment from pesticide misuse or abuse. (3) Long-Term Impact: The potential of the cooperative agreement to have a long-term beneficial impact on human health and the environment resulting from the comprehensive pesticide program. (4) Effectiveness of program: The past level and effectiveness of the State pesticide program. (5) level of activity as indicated by such factors as numbers of farms and numbers of applicators. (6) Magnitude of effort needed to accomplish expected outputs and products; and (7) Ability to accomplish output goals.