Tribal Hazardous Waste Grants (66.812)

Program

66.812 Tribal Hazardous Waste Grants

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Solid Waste and Emergency Response

Authorization

Department of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriation Act, Public Law 105-276.

Program Number

66.812

Last Known Status

Active

Objectives

The purpose of the Hazardous Waste Management Grant Program for Tribes is to provide financial assistance to Tribal governments and Tribal Consortia for the development and implementation of hazardous waste programs; for building capacity to improve and maintain regulatory compliance; and for developing solutions to address hazardous waste impacting Tribal lands. Funding Priority - Fiscal Year 2009: Develop and implement hazardous waste management programs that improve the applicant's ability to properly identify, manage, or dispose of hazardous waste. Build capacity to improve and maintain regulatory compliance and develop solutions to address hazardous waste mismanagement impacting Tribal lands. Development and institutionalization of hazardous waste program capacity for Tribal governments and the communities they serve.

Types of Assistance

Cooperative Agreements

Uses and Use Restrictions

This grant program will support projects designed to develop and implement hazardous waste management programs. These programs must improve the applicant's ability to properly identify, manage, or dispose of hazardous waste. All hazardous waste management activities that address the Resource Conservation and Recovery Act (RCRA) Subtitle C "cradle to grave" approach are eligible. Each of the following hazardous waste management program activities are considered central to a "cradle to grave" program: Hazardous Waste Identification; Hazardous Waste Generator Siting, Monitoring, & Compliance (Large Quantity, Small Quantity, and Conditionally Exempt Small Quantity Generators); Hazardous Waste Minimization, Recycling, Used Oil, and Universal Wastes; Hazardous Waste Transportation; Treatment, Storage, and Disposal Facility Siting, Permitting, Monitoring, Corrective Action, & Enforcement; Land Disposal Restrictions; Combustion. Assistance will be provided under this program only for activities which EPA determines are appropriate to carry out the purposes of RCRA. Assistance under this program does not include any element of municipal solid waste management, chemical emergency planning and preparedness or superfund program cleanup.

Eligibility Requirements

Applicant Eligibility

The following are eligible to receive financial assistance: (a) an Indian tribal government; and (b) an intertribal consortium or consortia. An Indian tribal government is any tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601, et seq.), which is recognized by the U.S. Department of the Interior as eligible for the special services provided by the United States to Indians because of their status as Indians. A consortium is a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance under this program. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments.

Credentials/Documentation

This program is subject to the provisions of OMB Circular No.A-87. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog. Potential applicants should consult the designated Regional Tribal hazardous waste program coordinator. It is strongly suggested that potential applicants consult with the designated Regional point of contact. 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 annual competitive announcement outlines specific procedures for submitting proposals. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedure

For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

Deadlines

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

Range of Approval/Disapproval Time

From 30 to 60 days.

Appeals

Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

In order to receive renewals, significant progress on previously awarded grant must be demonstrated.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

This program has no matching requirements.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

The terms of the grant shall be determined at the time of the grant award. Method of awarding/releasing assistance: lump sum.

Post Assistance Requirements

Reports

Grantees are required to submit program reports in accordance with Agency policy and the Monitoring and Reporting Program Performance requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. Grantees are required to submit financial reports in accordance with Agency policy and the Financial Reporting and Financial Management Systems requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. Grantees are required to submit progress reports in accordance with Agency policy and the Monitoring and Reporting Program Performance requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. Typically expenditure reports are not required. However, grantees are required to submit financial reports in accordance with Agency policy and the Financial Reporting and Financial Management Systems requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102. Grantees are required to perform performance monitoring in accordance with Agency policy and requirements stated in Federal Grant Regulations 40 CFR Part 31 and OMB Circular No.A-102.

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

Records and accounts must be maintained to reflect the operations of the project. 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

Fiscal Year 2008: In FY 2008, the Office of Resource Conservation and Recovery (ORCR) - formerly OSW - distributed funds to Tribes and Inter-Tribal Consortia in support of activities that facilitate the development of comprehensive management programs to properly identify, manage, or dispose of hazardous waste; build capacity to improve and maintain regulatory compliance; and identify and/or implement solutions that will address hazardous waste mismanagement. In FY 2008, ORCR received 7 proposals. To assist Tribes through the FY 2008 Hazardous Waste Management Grant Program,$305,200 in STAG funding was distributed to Regions 9 and 10. A total of 4 awards were made through these Regions. Fiscal Year 2009: In FY 2009, it is anticipated that 4 new awards will be made through the Hazardous Waste Management Grant Program for Tribes. Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-0103-0-1-304.

Obligations

(Cooperative Agreements) FY 08 $305,200; FY 09 est $304,000; FY 10 est $304,000

Range and Average of Financial Assistance

Range = $18,00 to $100,000; Average = $56,000.

Regulations, Guidelines and Literature

General Grant Regulations and Procedures (40 CFR Part 30), "EPA Assistance Administration Manual," available from the National Technical Information Service, Springfield, VA. Contact designated Regional program coordinator for other documents, including the "Hazardous Waste Management Grant Program for Tribes: Guidance for Applicants."

Related Programs

66.473 Direct Implementation Tribal Cooperative Agreements; 66.605 Performance Partnership Grants; 66.701 Toxic Substances Compliance Monitoring Cooperative Agreements; 66.708 Pollution Prevention Grants Program; 66.709 Multi-Media Capacity Building Grants for States and Tribes; 66.801 Hazardous Waste Management State Program Support; 66.808 Solid Waste Management Assistance Grants; 66.810 Chemical Emergency Preparedness and Prevention (CEPP) Technical Assistance Grants Program; 66.926 Indian Environmental General Assistance Program (GAP)

Information Contacts

Regional or Local Office

See Regional Agency Offices. Designated Regional Tribal Hazardous Waste Management Program Contacts: Region, Address, Name, E-mail Address, Phone, Fax. Region I, U.S. EPA, 1 Congress Street, Boston, MA 02114-2023, Stuart Gray, Gray.Stuart@epa.gov, (617) 918-1302,(617) 918-1505. Region II, U.S. EPA, 290 Broadway, 22nd Floor, New York, NY 10007-1886, Lorraine Graves, Graves.Lorraine@epa.gov,(212) 637-4099,(212) 637-4437. Region IV, U.S. EPA, Atlanta Federal Center, 61 Forsyth Street, Atlanta, GA 30303, Davy Simonson, Simonson.Davy@epa.gov,(404) 562-8457, (404) 562-8439. Region V, U.S. EPA, 77 W. Jackson Blvd, Chicago, IL 60604, Margaret Millard, Millard.Margaret@epa.gov, (312) 353-1440,(312) 353-6519. Region VI, U.S. EPA, 1445 Ross Avenue, Dallas, TX 75202-2733, Nick Stone (Technical), Stone.Nick@epa.gov, ChesTeena Hullum (Grants), Hullum.ChesTeena@epa.gov, (214) 665-7226, (214) 665-7216, (214) 665-7263,(214) 665-6762. Region VII, U.S. EPA, 901 N. 5th Street, Kansas City, KS 66101, Gayle Hubert, Hubert.Gayle@epa.gov, (913) 551-7439,(913) 551-9669. Region VIII, U.S. EPA, 1595 Wynkoop Street, Mail Code: 8P-HW, Denver, CO 80202-1129, Susanna Trujillo, Trujillo.Susanna@epa.gov, (303) 312-7008, (303) 312-6341. Region IX, U.S. EPA, 75 Hawthorne Street, Mail Code: WST-7, San Francisco, CA 94105, Heather White, White.Heather@epa.gov, (415) 972-3384,(415) 947-3530. Region X, U.S. EPA, 1200 6th Avenue, Seattle, WA 98101, Maria Tartaglia, Tartaglia.Maria@epa.gov, (206) 553-1128, (206) 553-8509.

Headquarters Office

Denise Roy Office of Resource Conservation and Recovery
Environmental Protection Agency
1200 Pennsylvania Ave., NW., (5303P) , Washington, District of Columbia 20460 Email: Roy.Denise@epa.gov Phone: (703) 308 8458

Web Site Address

http://www.epa.gov/tribalmsw/

Examples of Funded Projects

Fiscal Year 2008: The following activities are suggestive and do not limit the range of activities considered eligible under this grant program. These activities are eligible when they are performed in support of developing and implementing a tribal program to manage hazardous waste: Develop and implement codes, regulations, and ordinances, policies, and/or guidance to regulate hazardous waste management activities and facilities, such as generators, transporters, and treatment, storage and disposal facilities. Develop and implement hazardous waste program enforcement policies and procedures to ensure regulatory compliance, including monitoring and inspection schemes. Develop legal and administrative infrastructure adequate to implement and maintain regulatory and/or non-regulatory hazardous waste management programs. Includes support for Tribal Emergency Response Committees (TERC). Identify and assess hazardous waste generation and ongoing management of concern to the community, including: inventory active and inactive dump/disposal sites and assess contamination potential; characterize hazardous waste stream, including illegal dump-sites; and identify sensitive sites with potential or actual impacts on water bodies, soil, air, cultural/historic resources, threatened or endangered species, etc. Develop and implement tribal integrated hazardous waste management plans (including, but not limited to, source reduction/recycling, household hazardous waste collection programs, pesticide container collection, ). Implement used oil collection/re-use and other programs to reduce the mismanagement of hazardous waste in the community. Implement household hazardous waste collection events or programs that provide sustainable or long-term solutions for disposal of household hazardous waste for the community. Develop outreach/education documents and other resource materials to plan and conduct hazardous waste management seminars for tribal leaders, community members, business and civic organizations, etc. Establish qualifications for environmental management personnel relative to the tribes needs and plan for program implementation. Establish a communications plan for hazardous waste management program activities. Identify multi-jurisdictional opportunities for hazardous waste management, including feasibility for intergovernmental (Tribal, Federal, State, local) cooperative efforts. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.