TSCA Title IV State Lead Grants Certification of Lead-Based Paint Professionals (66.707)
Program
66.707 TSCA Title IV State Lead Grants Certification of Lead-Based Paint Professionals
Federal Agency
OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Toxic Substances Control Act, as amended, Sections 404(g).
Program Number
66.707
Last Known Status
Active
Objectives
To assist States, Tribes, and territories in developing and carrying out authorized programs for accrediting training programs for persons engaged in lead-based paint activities and certifying contractors engaged in lead-based paint activities. EPA also seeks to enter into cooperative agreements with Federally Recognized Indian governing bodies for the development of similar programs. Funding Priority: Eliminate childhood lead poisoning. Develop state, tribal and Federal infrastructure to ensure lead hazards are being dealt with safely and effectively: (1) Increase number of states approved to implement certification/accreditation programs, (2) Increase number of firms/individuals certified for lead activities, (3) Coordinate with compliance/enforcement staff on notifications received concerning upcoming abatement projects.
Types of Assistance
Project Grants.
Uses and Use Restrictions
Assistance may be available for activities which relate to authorization under TSCA Title IV. Supported activities must contribute or lead to the attainment or maintenance of authorization pursuant to TSCA Title IV.
Eligibility Requirements
Applicant Eligibility
States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States may receive assistance under Section 404(g) of TSCA. Federally Recognized Indian governing bodies are also eligible to apply for and receive assistance under Section 402/404 of TSCA.
Beneficiary Eligibility
State governments, Federally Recognized Indian governing bodies, U.S. Territories and possessions.
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
Discussions or informal meetings with Regional program office concerning program preparation are advisable. The standard application form 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
Requests for application forms and completed applications should be submitted to the appropriate EPA Regional Office. 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.
Deadlines
Contact the appropriate EPA Regional Office for application deadlines.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Subpart 30.63 and Part 31 Subpart F.
Renewals
Applicant must reapply.
Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula. There are no matching requirements.
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.
Post Assistance Requirements
Reports
As requested in the annual program guidance for inclusion in the award; usually quarterly with mid-year and year-end evaluations.
Audits
In accordance with the provisions of OMB Circular No. A- 133, "Audits of States, 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 cooperative agreement must be kept available to personnel authorized to examine EPA 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
Section 404(h) of TSCA Title IV requires EPA to implement and enforce a Federal accreditation and certification program in all States, Territories, and Indian Tribes that did not have an EPA approved program under Sections 402-402 by August 30, 1998. As of November 2002, 37 States and territories are EPA-approved. Three Tribes have received EPA approval.
Financial Information
Account Identification
68-0108-0-1-304.
Obligations
FY 02 $13,682,000; FY 03 est not available; and FY 04 est not available.
Range and Average of Financial Assistance
$16,000 to $350,000.
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. "EPA Assistance Administration Manual," available from the National Technical Information Service, Springfield, VA 22161 on a subscription basis; Order No. NTIS UB/031.
Related Programs
None.
Information Contacts
Regional or Local Office
Contact the Regional Lead Contact Person in the appropriate EPA regional office listed in Appendix IV of the Catalog.
Headquarters Office
For program information: Brion T. Cook, Acting Director, National Program Chemicals Divsion (7404T), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW Washington, DC 20460. Telephone: (202) 566-0500.
Web Site Address
Examples of Funded Projects
Over the past seven years, EPA has provided financial assistance to the States, Territories and Indian Tribes aimed at the development, implementation and enforcement of approved programs under the final 402/404 Rule. The following is a list of eligible activities: A) core lead-based paint activities and enforcement capacity development; B) developing the appropriate infrastructure to administer and enforce a lead-based paint activities program successfully; C) overseeing the conduct of contractors engaged in lead-based paint activities; D) overseeing and controlling training program activities; E) ensuring compliance with requirements for post- abatement clearance sampling; F) monitoring compliance with the work practice standards of regulations for the conduct of abatement; G) implementing the training of enforcement inspectors; H) implementing lead-based paint compliance assistance; I) implementing the lead-based paint activities sampling techniques; J) implementing lead-based paint activities tracking tips and complaints efforts; K) adopting or developing specific lead-based paint hazard values or standards; L) developing procedures to carry out the enforcement program; and M) developing procedures to carry out the tracking tips and complaints efforts.
Criteria for Selecting Proposals
Base funding of $100,000 was provided to each State and the District of Columbia submitting a qualifying application. U.S. Territories received base funding of $50,000. Qualifying States and Territories will be awarded supplemental funding based upon a formula which estimates the potential size of the lead problem, or relative "lead burden" in a particular State. Lead burden estimates are derived from U.S. Census data and the National Housing Survey.
