State Underground Water Source Protection (66.433)
Program
66.433 State Underground Water Source Protection
Federal Agency
OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Safe Drinking Water Act of 1974, Public Law 93-523, as amended; Public Law 96-63, Public Law 96-502, as amended; Safe Drinking Water Act Amendments of 1986, Public Law 99-339; Safe Drinking Water Act Amendments of 1996, Public Law 104-182, 42 U.S.C. 300.
Program Number
66.433
Last Known Status
Active
Objectives
To foster development and implementation of underground injection control (UIC) programs under the Safe Drinking Water Act (SDWA). EPA's funding priority is to award grants to recipients who meet the requirements in 40 CFR Parts 144, 145, 146 and 148. Funding Priority: To foster development and implementation of underground injection control (UIC) programs under the Safe Drinking Water Act (SDWA). EPA's funding priority is to award grants to recipients who meet the requirements in 40 CFR Parts 144, 145, 146 and 148. Grant funds are utilized by the States for such purposes as State regulation review, program plan developments, data management, inventory of injection facilities, identification of aquifers, public participation, technical assistance and review, permit approval and enforcement, and surveillance and investigation.
Types of Assistance
Formula Grants.
Uses and Use Restrictions
The funds are to be used to develop and implement an underground injection control program adequate to enforce the requirements of the Safe Drinking Water Act.
Eligibility Requirements
Applicant Eligibility
States and Indian Tribes that qualify as Programs that have delegated primary Enforcement Authority pursuant to SDWA amendments of 1986.
Beneficiary Eligibility
States and Indian Tribes.
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
Preapplication coordination with appropriate regional offices recommended. Applications are subject to State and area wide clearinghouses review pursuant to procedures in the proposed 40 CFR Part 19. 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 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
The grant application must be submitted to the appropriate EPA Regional Administrator. This program is excluded from coverage under OMB Circular No. A-110.
Award Procedure
Program plan is reviewed, and if approvable, signed by the Regional Administrator.
Deadlines
State program plans should be submitted to the appropriate Regional Administrator by the deadline specified by the Region (June-July).
Range of Approval/Disapproval Time
Appeals
Appeals are subject to the provisions as described in 40 CFR Part 31, Subpart F.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
This program operates under a formula which uses criteria set forth in the SDWA, Section 1443(b)(4). Except for Indian Tribes, Federal assistance is limited to 75 percent of eligible costs, not to exceed the State allotment. The statistical factors used for allocation include 1) population of State, based on estimates, or 1996 resident populations, Census Bureau Data, December 1996; 2) State land area, based on data from Statistical Abstracts, 1992, Census and official updates; and 3) injection practices by State, based on data reported by States and maintained by EPA as of the most recent fiscal year prior to allocation development. For Indian Tribes, Federal assistance is limited to 90 percent of eligible costs.
Length and Time Phasing of Assistance
Annual grants.
Post Assistance Requirements
Reports
Annual onsite evaluation (or, if travel funds do not permit, annual phone interview or self-assessment), final financial and progress report as set forth in the grant agreement.
Audits
Grants are subject to inspection and audit by EPA, the Comptroller General of the United States, or any authorized representative. Periodic audits should be made as part of the recipient's systems of financial management and internal control to meet terms and conditions of grants and other agreements. In accordance with the provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations, nonfederal entities that receive financial assistance of $300,000 or more within the State's fiscal year shall have an audit made for that year. The Office of Management and Budget (OMB) Circular No. A-133, "Audits 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.
Records
Financial records including all documents which support entries on accounting records and 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, or until any audit exceptions have been resolved.
Program Accomplishments
In fiscal year 2002, 43 States and Territories had primacy for 36 full and seven partial programs.
Financial Information
Account Identification
68-0108-0-1-304.
Obligations
FY 02 $10,476,900; FY 03 est $10,476,900; and FY 04 est not available.
Range and Average of Financial Assistance
From $33,000 to $991,800; $177,730.
Regulations, Guidelines and Literature
Grants for State Underground Water Source Protection Programs (40 CFR 35); General Grant Regulations and Procedures (40 CFR Part 30).
Related Programs
66.432, State Public Water System Supervision.
Information Contacts
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
Headquarters Office
Joan Harrigan Farrelly, Prevention Branch, Drinking Water Protection Division, Office of Ground Water and Drinking Water, Office of Water, (4606M) Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone: (202) 564- 3867.
Web Site Address
http://www.epa.gov/OGWDW/Safewater/UIC.html
Examples of Funded Projects
Grant funds are utilized by the States for such purposes as State regulation review, program plan developments, data management, inventory of injection facilities, identification of aquifers, public participation, technical assistance and review, permit approval and enforcement, and surveillance and investigation.
Criteria for Selecting Proposals
1) Adequacy of State's annual program plan for an enforceable underground injection control program; 2) compliance with requirements of 40 CFR 30 and 35, and Executive Order No. 12367 (Revised); 3) designation of a State agency to receive the grant and be responsible for coordinating the underground water source protection program; and 4) evidence that Federal grant funds will not supplant the State's nonfederal funding committed to underground water source protection efforts. For Indian Tribes: 1) demonstration of Tribal adequacy; and 2) demonstration of the tribe's intent, adequate legal authority and resources to implement specific program elements outlined in 40 CFR 144, 145, 146 and 148.
