State Underground Water Source Protection (66.433)

Program

66.433 State Underground Water Source Protection

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Water

Authorization

Safe Drinking Water Act Amendments of 1986, Public Law 99-339; Safe Drinking Water Act of 1974; 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). The objective of the grant program is to provide financial assistance, to eligible States and Tribes, for the implementation of their UIC Program. The fundamental goal of the program, and the grants, is to ensure that underground sources of drinking water are protected from endangering injection activities. Funding Priority - Fiscal Year 2009: The program will fund the major components of State UIC programs which include: the development and maintenance of inventories of injection systems; the development and maintenance of databases housing compliance information on underground injection well activities; the implementation of UIC permitting activities; and the implementation of enforcement programs to ensure that underground sources of drinking water are protected from endangering injection activities.

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. 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.

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. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

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. Environmental impact information 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 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

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. The grant application must be submitted to the appropriate EPA Regional Administrator. This program is excluded from coverage under OMB Circular No. A-110. The standard application forms, as furnished by the Federal agency and required by OMB Circular No. A-102, 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 and Interagency Agreements Management Division, 1200 Pennsylvania Avenue, N.W., Mailcode (3903R), Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. Additional information on the EPA grant package can be found at: http://www.epa.gov/ogd/grants/how_to_apply.htm.

Award Procedure

Applications are reviewed by the appropriate EPA Regional Office and, if approved, the funds are awarded by the Regional Administrator.

Deadlines

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

Range of Approval/Disapproval Time

Approximately 60 days.

Appeals

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

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory Formula: Title Safe Drinking Water Act.

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 the most recent Census Bureau data; (2) State land area, based on the most recent Census Bureau data; 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.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

The term of the grant shall be determined at the time of grant award. See the following for information on how assistance is awarded/released: Other. The method of fund disbursement will be determined at the time of award.

Post Assistance Requirements

Reports

EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements. Specific reporting requirements are also identified in the Grant Regulations at 40 CFR Part 30 and 40 CFR Part 31, as applicable. Program reports are required under this program. Cash reports are required under this program. Progress reports are required under this program. Expenditure reports are required under this program. 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 Non-Profit Organizations," non-federal 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. Non-federal 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 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

Fiscal Year 2008: This program provides funding support to states, territories, and tribes that have delegated primary enforcement authority pursuant to the SDWA amendments of 1986. In FY 08 and FY 09, 45 States, Territories, and Tribes had primacy for 36 full and nine partial programs. The grant funds are used by the States, Territories, and Tribes to support operation of their ongoing UIC programs including: the development and maintenance of UIC regulations; the development and maintenance of inventories of injection systems; the development and maintenance of databases housing compliance information on underground injection wells activities; the implementation of UIC permitting activities; and the implementation of enforcement programs to ensure that underground sources of drinking water are protected from endangering injection activities. Fiscal Year 2009: This program provides funding support to states, territories, and tribes that have delegated primary enforcement authority pursuant to the SDWA amendments of 1986. In FY 08 and FY 09, 45 States, Territories, and Tribes had primacy for 36 full and nine partial programs. The grant funds are used by the States, Territories, and Tribes to support operation of their ongoing UIC programs including: the development and maintenance of UIC regulations; the development and maintenance of inventories of injection systems; the development and maintenance of databases housing compliance information on underground injection wells activities; the implementation of UIC permitting activities; and the implementation of enforcement programs to ensure that underground sources of drinking water are protected from endangering injection activities. Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-0103-0-1-304.

Obligations

(Formula Grants) FY 08 $9,218,300; FY 09 est $10,891,000; FY 10 est $10,676,000

Range and Average of Financial Assistance

$22,000 to $972,000/fiscal year; $176,000/fiscal year.

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

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

Headquarters Office

Ann Codrington 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, District of Columbia 20460 Email: codrington.ann@epa.gov Phone: (202) 564-4688

Web Site Address

http://www.epa.gov/OGWDW/Safewater/UIC.html

Examples of Funded Projects

Fiscal Year 2008: Grant funds are used 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. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

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.