Superfund State, Political Subdivision, and Indian Tribe Site-Specific Cooperative Agreements

 

The goals of this assistance listing are to (1) conduct site characterization activities at potential or confirmed hazardous waste sites; (2) undertake response planning and implementation actions at sites on the National Priorities List (NPL) to clean up the hazardous waste sites that are found to pose hazards to human health; and (3) effectively implement the statutory requirements of CERCLA 121(f) which mandates substantial and meaningful State involvement. Funding Priorities - Fiscal Year 2023: Funding must be used at specific hazardous waste sites to: (1) conduct non-time critical removal actions; (2) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations, feasibility studies, and remedial design activities at potential or confirmed hazardous waste sites; (3) conduct remedial actions (i.e., cleanup) at uncontrolled hazardous waste sites as listed on the National Priorities List (NPL); (4) support CERCLA implementation activities; (5) identify Potentially Responsible Parties (PRPs); (6) conduct settlement negotiations; (7) take enforcement actions against PRPs; and (8) oversee PRP cleanups.

General information about this opportunity
Last Known Status
Active
Program Number
66.802
Federal Agency/Office
Environmental Protection Agency
Type(s) of Assistance Offered
B - Project Grants
Program Accomplishments
Not applicable.
Authorization
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 104(d)(1) & 104(c)(3)(C) - ONLY WHEN INCLUDING REMEDIAL ACTIONS
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 104 (d)(1) - FOR ALL OTHERS
Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 - ONLY FOR REMEDIAL ACTION FUNDED WITH IIJA FUNDS
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
States (and political subdivisions thereof), Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments, including intertribal consortia and political subdivisions.
Beneficiary Eligibility
Not applicable.
Credentials/Documentation
Not applicable.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. 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. EPA financial assistance programs and activities subject to intergovernmental review that are subject to review under State single point of contact procedures are identified at https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section. Applicants for programs or activities subject to Intergovernmental Review that are not subject to State single point of contact review must provide directly affected State, areawide, regional, and local entities at least 60 days to review their application following notification by EPA that the application has been selected for funding as provided by 40 CFR 29.8(a) and (c). Consultation and preapplication conference(s) are recommended.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov.
Award Procedure
EPA regional Superfund program offices will conduct an administrative evaluation to determine the adequacy of the application in relation to grant regulations and technical and program evaluation to determine the merit and relevance of the project. The Agency will then advise the applicant if funding is being considered. A final work plan will then be negotiated with the applicant. Final approval of application and supporting documentation and offer of award is made by the EPA Regional Administrator unless redelegated to the Regional Division Director.
Deadlines
Contact the headquarters or regional location, as appropriate for application deadlines
Approval/Disapproval Decision Time
Approximately ninety (90) days.
Appeals
Copies of these procedures may also be found at: https://www.epa.gov/grants/grant-competition-dispute-resolution-procedures. Disputes relating to matters other than the competitive selection of recipients will be resolved under 2 CFR 1500 Subpart E, as applicable.
Renewals
Extensions are available but not guaranteed. Applications must be submitted for additional funding.
How are proposals selected?
For fund-lead remedial action, the site must appear on the National Priorities List of the National Oil and Hazardous Substances Contingency Plan (NCP) (40 CFR 300). Removal actions require a planning period of six months or more. Each project is examined and selected on a case-by-case basis based upon site ranking, availability of cost share from the State (remedial action), availability of funds, receipt of application and other criteria as determined by EPA.
How may assistance be used?
Site-specific work within EPA's Superfund Remedial Program. More specifically, funding may be used to: (1) conduct non time critical removal actions; (2) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations, feasibility studies, and remedial design activities at potential or confirmed hazardous waste sites; (3) conduct remedial actions (i.e., clean up) at uncontrolled hazardous waste sites listed on the National Priorities List (40 CFR 300); (4) support CERCLA implementation activities; (5) identify Potentially Responsible Parties (PRPs); (6) conduct settlement negotiations; (7) take enforcement actions against PRPs; and, (8) oversee PRP cleanups. Consistent with the eligible activities mentioned in this section, recipients may explore ways to support communities with potential Environmental Justice concerns. Funding may not be used to conduct tasks or activities not authorized by CERCLA. Funds may not be used for non-site-specific Core Program activities (see assistance listing 66.809). 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: Geospatial Resources at EPA (https://www.epa.gov/geospatial).
What are the requirements after being awarded this opportunity?
Reporting
Not applicable.
Auditing
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.
Records
The record retention requirements of 2 CFR Part 200 and Part 35, Subpart O are applicable. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants available to personnel authorized to examine EPA recipients grants and cooperative agreements records. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports are required by 2 CFR 200.334. If questions, such as those raised because of audits remain following the 3-year period, recipients must retain records until the matter is completely resolved.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching is mandatory. No match (cost share) is required for site assessment or remedial planning at any site if the site was privately owned and operated at the time of disposal of hazardous wastes. For remedial action cooperative agreements: 10 percent state, 90 percent federal if the site was privately owned and operated at the time of disposal of hazardous wastes. Minimum 50 percent state, 50 percent federal, of all response costs if the site was State/locally operated at time of any disposal of hazardous waste (Note: percentage may vary). If IIJA or Special Account funds are used, no cost share is owed for remedial action. See CERCLA section 104(c)(3). Tribal governments are not required to share in the costs of Superfund actions.

MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
Funds awarded for duration of project, subject to time constraints specified by EPA. The recipient must identify and charge costs to specific sites, activities, and operable units, as applicable, for drawdown purposes as specified in the Cooperative Agreement. In order to receive payment by the letter of credit method, the recipient must comply with the requirements regarding letter of credit described in 2 CFR 200 and 1500. If the recipient is unable to meet letter of credit requirements, EPA will pay the recipient by reimbursement. The recipient must comply with the requirements regarding reimbursement described in 2 CFR 200 and 1500.
Who do I contact about this opportunity?
Regional or Local Office
Applicants are encouraged to communicate with the appropriate EPA Regional Office. Visit: https://www.epa.gov/aboutepa/regional-and-geographic-offices.
Headquarters Office
Ellyn Fine
Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Avenue, N.W. (Mail Code: 5204T)
Washington, DC 20460 USA
fine.ellyn@epa.gov
Phone: 202-566-1013
Website Address
https://www.epa.gov/superfund
Financial Information
Account Identification
68-8145-0-1-304
Obligations
(Cooperative Agreements (Discretionary Grants)) FY 22$52,000,000.00; FY 23 est $52,000,000.00; FY 24 FY 21$75,000,000.00; FY 20$68,000,000.00; FY 19$68,584,000.00; FY 18$63,331,967.00; FY 16$81,500,000.00; FY 17 est $81,500,000.00; - (Cooperative Agreements (Discretionary Grants)) FY 22$75,000,000.00; FY 23 est $75,000,000.00; FY 24 FY 21$0.00; - (Estimated awards for remedial action cooperative agreements with IIJA funds).
Range and Average of Financial Assistance
Range: $0 to $15,395,000; Approximate Average: $156,000
Regulations, Guidelines and Literature
2 CFR 200 and 1500 (EPA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); 40 CFR Part 33 (Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs); 40 CFR Part 35, Subpart O (Cooperative Agreements and Superfund State Contracts for Superfund Response Actions).
Examples of Funded Projects
Fiscal Year 2016 Preliminary Assessments/Site Inspections; Remedial Investigation; Feasibility Study; Remedial Design; Remedial Action (i.e., clean up); PRP searches; RI/FS negotiations; RD/RA Negotiations; PRP oversight; Non Time Critical Removal Actions; State participation in federal lead projects, Long Term Remedial action support, Implementation of institutional controls, Technical oversight, Tribal participation, Restoration efforts.
Fiscal Year 2017 No content available
Fiscal Year 2018 Non-time critical removal actions, preliminary assessments, site inspections, remedial investigations, feasibility studies, remedial design and remedial actions at sites listed on the National Priorities List (NPL) and five year reviews.
Fiscal Year 2023 Examples of projects funded under this assistance listing include: Non-time critical removal actions, preliminary assessments, site inspections, remedial investigations, feasibility studies, remedial design and remedial actions at sites listed on the National Priorities List (NPL) and five year reviews. For additional information on the types of projects funded under this assistance listing, please visit: https://www.epa.gov/superfund.