State and Tribal Underground Storage Tanks Program (66.804)
Program
66.804 State and Tribal Underground Storage Tanks Program
Federal Agency
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTIONAGENCY
Authorization
Solid Waste Disposal Act of 1976, Section 2007(f)(2), as amended; Resource Conservation and Recovery Act; Section 204 of the Demonstration Cities and Metropolitan Development Act, as amended at 42 U.S.C. 3334; Departments of Veterans Affairs, Housing and Urban Development, and Independent Agencies Appropriations Act of 1999, Public Law 105-276, (112 Stat. 2461, 2499; 42 U.S.C. 6908a).
Program Number
66.804
Last Known Status
Active
Objectives
To assist States, Territories, Federally-recognized Indian Tribes and Intertribal Consortia that meet the requirements at 40 CFR 35.504, in the development and implementation of underground storage tank (UST) programs. Funding Priority: High priority tasks include: (1) encouraging owners and operators to properly operate and maintain their USTs; (2) ensuring owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations; and (3) developing State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program.
Types of Assistance
Project Grants.
Uses and Use Restrictions
High priority tasks include: (1) Encouraging owners and operators to properly operate and maintain their USTs; (2) ensuring owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations; and (3) developing State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program.
Eligibility Requirements
Applicant Eligibility
These cooperative agreements are only available to Agencies designated by State or Territorial Governor to receive UST notifications, federally-recognized Tribes and Intertribal Consortia that 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 Program Managers.
Award Procedure
EPA reviews applications. Applications will be subjected to 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 advise the applicant if funding is being considered. A final work plan will be negotiated with the applicant.
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
Contact the appropriate Regional Office listed in Appendix IV of the Catalog for the list of Underground Storage Tanks Regional ProgramManagers.
Assistance Considerations
Formula and Matching Requirements
A minimum of 25 percent cost share is required for grants to States under Section 2007(f). There is no matching requirement for grants to Tribes or Intertribal Consortia under Public Law105-276.
Length and Time Phasing of Assistance
The terms of the grant shall be determined at the time of the grant award.
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.
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
State grant applications were received and issued to 50 States and six territories, and approximately 10 Indian Tribes. In FY 02, 74% of UST facilities were in significant operational compliance with leak detection requirements; 81% of UST facilities were in significant operational compliance with spill, overfill, and corrosion protection regulations. For FY 03, it is anticipated that 80% of UST facilities will be in significant operational compliance with leak detection requirements; 85% of UST facilities will be in significant operational compliance with spill, overfill, and corrosion protection regulations.
Financial Information
Account Identification
68-0108-0-1-304.
Obligations
FY 02 $11,918,400; FY 03 est $11,840,900; and FY 04 est $11,950,000.
Range and Average of Financial Assistance
$50,000 to $200,000; fiscal year 2002: approximately $187,500 per State (including the District of Columbia and Puerto Rico); approximately $80,320 per territory; and approximately $1,846,500 set aside for Tribes and Intertribal Consortia; fiscal years 2003 and 2004 estimates are similar.
Regulations, Guidelines and Literature
General Grant Regulations and Procedures (40 CFR Part 31), State and Local Assistance (40 CFR Part 35). Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments and Indian Tribes. Contact Regional UST Program Manager for documents.
Related Programs
66.805, Leaking Underground Storage Tank Trust Fund Program.
Information Contacts
Regional or Local Office
See Appendix IV of the Catalog for list of Underground Storage Tanks Regional Program Managers.
Headquarters Office
Lynn T. DePont, Immediate Office, Office of Underground Storage Tanks, OSWER, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., (5401G) Washington, DC 20460. Telephone: (703) 603-7148. Internet address: depont.lynn@epamail.epa.gov.
Web Site Address
Examples of Funded Projects
State and/or Tribal Governments' Grants funded projects include functions necessary for the development and/or implementation of a State or Indian underground storage tank (UST) program. Those functions that may be accepted for funding include the development and/or implementation of enforcement and inspection programs, outreach, and training.
Criteria for Selecting Proposals
Application by State agency designated by governor; 40 CFR 35.107, 35.115, and 35.330-35.335. Applications by Federally recognized Tribes or Intertribal Consortia, see 40 CFR 35.115. 35.507,35-730-35.735.
