Toxic Substances Compliance Monitoring Cooperative Agreements (66.701)
Program
66.701 Toxic Substances Compliance Monitoring Cooperative Agreements
Federal Agency
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTIONAGENCY
Authorization
Toxic Substances Control Act, Section 28, and 404(g), as amended; Public Law 102-550; 15 U.S.C. 2601 et seq.
Program Number
66.701
Last Known Status
Active
Objectives
To: (a) assist State and Tribes in developing enhancing and maintaining comprehensive compliance assistance, compliance monitoring and enforcement programs under the Toxics Substances Control Act, (TSCA) including PCBs, asbestos, lead-based paint, and (b) enable States and Tribes to purchase inspection supplies including laboratory equipment; reimburse salaries, travel, and per diem expenses for inspectors, analysts and program managers and other functions related to grant activities; and (c) encourage regulatory activities within the States. Funding Priority: (1) Toxic Substances Compliance Monitoring Grants are awarded to establish and operate compliance monitoring programs to prevent or eliminate unreasonable risks to health or the environment associated with chemical substances or mixtures within the States. EPA provides funding for cooperative enforcement grants to States and tribes under the Toxics Substances Control Act to conduct inspections for compliance with the PCB regulations, the asbestos in schools requirements and worker protection standards, and lead based paint activities. Authorized states also conduct the enforcement program for lead and if they have authorized programs, for asbestos. (2) States are focusing their efforts in the following areas in the asbestos program: AHERA (based on identified non-compliance and risk), and the asbestos Model Accreditation Plan (MAP). States are asked to help reduce public exposure to asbestos hazards in indoor environments through compliance assistance, compliance monitoring and case development as applicable. State activity focuses on responding to complaints and previous violators. (3) The PCB program is part of the Agency's Persistent Bioaccumulative Toxics program. Due to their persistence, PCBs in food and water present major environmental/public health problems. (4) EPA currently provides State and Tribal Assistance Grants (STAG) to 38 authorized states, 2 territories and 5 tribes to conduct their lead-based paint compliance and enforcement activities under section 402 of TSCA. The Section 402 rule applies to persons engaged in lead abatement /training such as training providers, risk assessors, and lead removal companies. The rule sets forth requirements for lead-based paint worker training and certification, training course provider accreditation and lead abatement work practice standards. The rule also requires "Work Practices Standards" for conducting lead-based paint renovation activities. Firms and individuals must conduct those activities in accordance with thework practice standards set forth in the rule.
Types of Assistance
Project Grants (Cooperative Agreements).
Uses and Use Restrictions
Grant funds are available for costs specifically incurred by States, and Tribes, in developing, enhancing and maintaining comprehensive compliance assistance, compliance monitoring and enforcement programs under the Toxics Substances Control Act, (TSCA) including PCBs, asbestos, and lead-based paint including the purchase of inspection supplies including laboratory equipment; reimburse salaries, travel, and per diem expenses for inspectors, analysts and program managers and other functions related to grant activities.
Eligibility Requirements
Applicant Eligibility
State Agencies, including the District of Columbia, and Indian Tribes, having toxic substance compliance responsibilities in each State, Territory and possession of the U.S.
Beneficiary Eligibility
States, U.S. Territories and the District of Columbia and Federally Recognized Indian Tribal Governments.
Credentials/Documentation
The applicant must supply evidence of legal authority to conduct toxic substance compliance program activities contemplated under the grant and a workable program officially adopted for the agency. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Application and Award Process
Preapplication Coordination
Discussions or informal meetings with Regional program office concerning program preparation are advisable. 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 excluded from coverage under E.O. 12372.
Application Procedure
Requests for application forms and completed applications should be submitted to the appropriate EPA Regional Office (See Appendix IV of the Catalog). This program is excluded from coverage under OMB Circular No.A-110.
Award Procedure
Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project. States will be notified of Federal Assistance awards through the Federal Assistance Awards Data System (FAADS).
Deadlines
Applications are due 60 days prior to the beginning of the budgetperiod.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Part 31, Subpart F.
Renewals
Applicant must reapply.
Assistance Considerations
Formula and Matching Requirements
There is a statutory requirement that States must provide a minimum of 25 percent of total project cost for Activities conducted under Section 28 of TSCA, i.e., the PCB and Asbestos grants. There are no cost-sharing or matching fund requirements for lead-based paint enforcement grants under Section 404(g).
Length and Time Phasing of Assistance
Cooperative Agreements are normally funded for a 12-month period. Payments will be on an advance letter of credit or reimbursement basis; recipient must request the initial advance payment on SF 270, Request for Advance or Reimbursement.
Post Assistance Requirements
Reports
As required in the Annual Program Guidance for inclusion in the grant award; quarterly with mid-year and year-end evaluations.
Audits
Cooperative Agreements are subject to inspection and audit by representatives of the Comptroller General of the United States, EPA, or any authorized representative. Periodic audits should be made as part of the recipient's system 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 State, Local Governments, and Non-Profit Organizations," nonfederal entities that expend 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 to support entries on accounting records and to substantiate charges to each cooperative agreement must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of the submission of the annual financial status report or longer if questions still remain, such as those raised as a result of audit.
Program Accomplishments
Approximately 60 State cooperative agreements were awarded in fiscal year 2002. Sixty cooperative agreements are expected to be awarded in fiscal year 2003 and in fiscal year 2004. Agencies participating in the Federal enforcement cooperative agreement program receive funds to support and enhance toxic substance compliance monitoring, inspection, compliance assistance and enforcement activities. Typical program activities, which are generally common to all cooperative agreements, include coordinated inspections and observations at facilities which manufacture, process, use or dispose of chemical substances in a State, and initiation of appropriate enforcement action or referral to EPA for appropriate enforcement action when violations are detected. Other program activities include the development of State enabling enforcement legislation, case development programs and coordinated inspection programs where they did not exist before. Based on the data inputted into the National Compliance Data Base (NCDB) system, 1,018 compliance monitoring inspections were conducted in FY2002.
Financial Information
Account Identification
68-0108-0-1-304.
Obligations
FY 02 $5,138,900; FY 03 est $5,105,400; and FY 04 est $5,105,400.
Range and Average of Financial Assistance
$21,000 to $250,000.
Regulations, Guidelines and Literature
EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR Part 31); Environmental Protection Agency, State and Local Assistance (40 CFR Part 35 Subpart A), October 12,1982.
Related Programs
None.
Information Contacts
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
Headquarters Office
For PCB and asbestos program information: Phyllis Flaherty, Chief, Compliance Monitoring and Water Program Branch Compliance Assessment and Media Programs Division, Office of Enforcement and Compliance Assurance (2223A), USEPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 564-4131. For lead-based paint information: John Mason, Sector Analysis and Implementation Branch, Compliance Assistance and Sector Programs Division, Office of Enforcement and Compliance Assurance (2224A), USEPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 564-7037.
Web Site Address
http://www.epa.gov/ogd/grants/cfda.htm
Examples of Funded Projects
State agencies participating in the Federal/State enforcement cooperative agreement program receive funds to support and enhance compliance monitoring, inspection, compliance assistance, and enforcement activities. Examples of program activities, which may be funded include development of State enabling legislation for enforcement, coordinated inspections/investigations and observations to ensure industry compliance, initiation of appropriate enforcement action when violations are detected and development of compliance monitoring strategies, case development programs, compliance assistance, and integrated State toxic enforcementprograms.
Criteria for Selecting Proposals
Each application will be reviewed by the Environmental Protection Agency according to criteria including the following: 1) Need: The need for the development, improvement and/or maintenance of a comprehensive enforcement program within the State. 2) Level of Activity: The amount of regulated chemicals, and the potential risk to human health and the environment. 3) Long-Term Impact: The potential of the cooperative agreement to have a long-term beneficial impact on human health and the environment resulting from the compliance program. 4) Effectiveness of program: The past level and effectiveness of the State regulatoryprogram.
