Leaking Underground Storage Tank Trust Fund Program (66.805)
Program
66.805 Leaking Underground Storage Tank Trust Fund Program
Federal Agency
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTIONAGENCY
Authorization
Solid Waste Disposal Act of 1976, as amended, Section 9003(h); Section 204 of the Demonstration Cities and Metropolitan Development Act, as amended at 42 U.S.C. 3334; Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1999, Public Law 105-276.
Program Number
66.805
Last Known Status
Active
Objectives
To support State and Tribal corrective action and enforcement programs that address releases from underground storage tanks containing petroleum. Funding Priority: Program funds are to be used to provide resources for the oversight and corrective action for petroleum releases from underground storage tanks (USTs), as well as for enforcement activities related to such corrective action. States that have entered into cooperative agreements with EPA have the authority to respond to petroleum releases from USTs using Leaking Underground Storage Tanks (LUST) Trust funds where owners and operators are unknown, unwilling or unable to take corrective actions themselves, and in certain other circumstances. States may also oversee responsible party cleanups. When the Trust Fund is used, tank owners/operators are liable to the State for costs incurred and are subject to cost recovery actions. Trust funds provide assistance to the States and Tribal governments in developing and implementing corrective action programs. In Fiscal Year 2002, there were certain States and Tribes that entered into competitively-awarded cooperative agreements for the USTfield pilots. These USTfield Pilots have the authority to use LUST Trust funds for their cooperative agreements as described in the workplans.
Types of Assistance
Cooperative Agreements.
Uses and Use Restrictions
Program funds are to be used to provide resources for the oversight and corrective action for petroleum releases from underground storage tanks (USTs), as well as for enforcement activities related to such corrective action. States that have entered into cooperative agreements with EPA have the authority to respond to petroleum releases from USTs using Leaking Underground Storage Tanks (LUST) Trust funds where owners and operators are unknown, unwilling or unable to take corrective actions themselves, and in certain other circumstances. In Fiscal Year 2002, certain States and Tribes entered into cooperative agreements with EPA; and have the authority to use LUST Trust funds for the competitively awarded USTfield pilots. States may also oversee responsible party cleanups. When the Trust Fund is used, tank owners/operators are liable to the State for costs incurred and are subject to cost recovery actions. Trust funds provide assistance to the States and Tribal governments in developing and implementing corrective actionprograms.
Eligibility Requirements
Applicant Eligibility
These cooperative agreements are only available to State governments that have demonstrated the capability to undertake effective corrective actions and enforcement activities and that have entered into a cooperative agreement with EPA describing the State's uses of the Fund. Additionally, these cooperative agreements are only available to Federally-recognized Tribes and Intertribal Consortia that must meet the requirements at 40 CFR 35.504.
Beneficiary Eligibility
States, Territories, Tribes and IntertribalConsortia.
Credentials/Documentation
Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Application and Award Process
Preapplication Coordination
Awards under this program are not subject to Section 102(2)(C) of the National Environmental Policy Act of 1969. An environmental impact statement 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 State's single point of contact 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 40 CFR29.7(b)).
Application Procedure
The standard application forms as furnished by the Federal agency and required by OMB Circular Nos. A-102 and A-110 must be used for this program. EPA requires final applications to be made on Standard Form 424. States, Territories, Tribes and Intertribal Consortia, or Regional Offices may initiate the grant process. States, Territories, Tribes or Intertribal Consortia may submit draft grant applications to the Regions. Requests for application forms and submission of completed applications should be directed to EPA Grants Administration Division (3903R), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, and the appropriate Regional Office listed in Appendix IV of the Catalog for the list of Underground Storage Tanks Regional ProgramManagers.
Award Procedure
A cooperative agreement must be signed between EPA and the State or EPA and the Tribe or Intertribal Consortia.
Deadlines
Proposals generally must be received prior to May 15 for funding in applicable fiscal year.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Part 31, Subpart F.
Renewals
A renewal or extension of funds is possible.
Assistance Considerations
Formula and Matching Requirements
A 10 percent State cost share is required for Section 9003(h)(7). There is no matching requirement for Tribes or Intertribal Consortia pursuant to Public Law 105-276.
Length and Time Phasing of Assistance
The cooperative agreement will place a time restriction on funds.
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
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that receive financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Reviews by the EPA Project Officer and the Grants Specialist may occur eachyear.
Records
The record retention requirements of 40 CFR Part 31 (governmental units) are applicable depending upon the identity of the recipient. 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 should be retained until the matter is completely resolved.
Program Accomplishments
As of September 2002, 50 States and six territories have cooperative agreements to conduct cleanups and provide oversight of responsible party cleanups and Indian Nations received funding to help develop and implement leaking underground storage tanks (LUST) programs. As of September 2002, 50 UST fields cooperative agreement pilots were awarded to States, Tribes and/or Intertribal Consortia to conduct UST fields pilot work at eligible properties.
Financial Information
Account Identification
20-8153-0-7-304.
Obligations
FY 02 $59,331,900; FY 03 est $58,192,800; and FY 04 est $58,399,100. UST fields Pilots Cooperative Agreements FY02 $3,800,000/40 competitively-awarded State, Tribal and Intertribal Consortia pilots.
Range and Average of Financial Assistance
Anticipated: $50,000 to $4,300,000; $1,500,000.
Regulations, Guidelines and Literature
40 CFR Parts 31 and 35; Guide: Leaking Underground Storage Tanks Trust Fund. Cooperative Agreement Guidelines; Guide: Proposal Guidelines for USTfields Pilots. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments and Indian Tribes.
Related Programs
66.804, State and Tribal Underground Storage Tanks Program.
Information Contacts
Regional or Local Office
See Appendix IV Of the Catalog for list of Underground Storage Tanks Regional Program Manager addresses.
Headquarters Office
Lynn DePont, Immediate Office, Office of Underground Storage Tanks, EPA, 1200 Pennsylvania Ave., NW., (5401G), Washington, DC 20460. Telephone: (703) 603-7148; FAX: (703) 603-9163. E-mail Address: depont.lynn@epa.gov. Administering Office Website: http://www.epa.gov/oust.
Web Site Address
Examples of Funded Projects
Leaking Underground Storage Tank Trust Fund Cooperative Agreements provide funding for State staff to review site characterization reports, corrective action plans, and conduct enforcement actions. Additionally, these Cooperative Agreements provide funding to Tribes to help develop and implement the LUST program. In Fiscal Years 2001 and 2002, Leaking Underground Storage Tank Trust Fund Cooperative Agreements provided funding to States, Tribes, and Intertribal Consortia to conduct USTfields pilots specific work at eligibleproperties.
Criteria for Selecting Proposals
A State must demonstrate the capability to carry out an effective program of enforcement and corrective action for UST controlling petroleum. Tribes and Intertribal Consortia must have sufficient underground storage tank UST) population and interest in developing and implementing the leaking UST program. Detailed selection criteria for USTfields Pilots were further specified in Proposal Guidelines that were announced in the Federal Register and through othermeans.
