Water Pollution Control-State and Interstate Program Support (66.419)
Program
66.419 Water Pollution Control-State and Interstate Program Support
Federal Agency
OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Clean Water Act, Section 106, as amended; Public Law 95-217; 33 U.S.C. 1251 et seq.
Program Number
66.419
Last Known Status
Active
Objectives
To assist States (including territories, the District of Columbia, and Indian Tribes qualified under CWA Section 518(e)), and interstate agencies in establishing and maintaining adequate measures for prevention and control of surface and ground water pollution from both point and nonpoint sources. Funding Priority: State priority efforts funded by Section 106 will include program activities related to the restoration of impaired watersheds Total Maximum Daily Loads (TMDLs) which include all facets of this program, i.e. pre-TMDL needs such as monitoring and assessment and standards development; development of TMDLs and post-TMDL implementation and restoration; implementing integrated wet weather strategies in coordination with nonpoint source programs; and developing source water protection programs. Tribes will continue to conduct watershed assessments and will maintain and improve their capacity to implement water quality programs through monitoring, assessments, planning and standards development.
Types of Assistance
Formula Grants.
Uses and Use Restrictions
Water pollution control grants are intended to provide continuing support for the prevention and abatement of surface and ground water pollution from point and nonpoint sources. Continuing and recurrent water quality management program activities funded include water quality planning and standards; monitoring and assessments; inspections and enforcement; permitting; training; advice and assistance to local agencies; and public information. Funds cannot be used for construction, operation, or maintenance of waste treatment plants, nor can they be used for costs financed by other Federal grants.
Eligibility Requirements
Applicant Eligibility
Eligible entities include State and interstate water pollution control agencies as defined in the Federal Water Pollution Control Act, and Indian Tribes qualified under Section 518(e). Agencies making application for funds must annually submit their pollution-control program to the appropriate EPA Regional Administrator for approval. Requirements of the program are based on Section 106 of the Act, and 40 CFR Parts 31, 35 and 130.
Beneficiary Eligibility
State and interstate water pollution control agencies and Indian Tribes qualified under Section 518(e) of the Clean Water Act (CWA).
Credentials/Documentation
Costs will be determined in accordance with OMB Circular No. A-87 for State, tribal, and local governments. State and interstate agencies and Indian tribes qualified under Section 518(e) of the Clean Water Act must show compliance with 40 CFR 35, Subpart A and Subpart B.
Application and Award Process
Preapplication Coordination
Informal meetings are held between regional office, State, territorial and Indian tribe applicant agencies concerning program preparation. The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program. The grant agreement must adequately reflect the priorities identified in the State/EPA Agreement. 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
The grants application must be submitted to the appropriate EPA Regional Office, Grants Administration Branch (see Appendix IV of the Catalog).
Award Procedure
Application is reviewed by appropriate EPA Regional Office and if approved, is signed by the Regional Administrator.
Deadlines
Application forms must be submitted according to dates established by the Regional Administrator.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Part 31 Subpart F.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula. As stated in the Clean Water Act, appropriated funds are allotted among the State and Interstate Water Pollution Control Agencies on the basis of the extent of the pollution problems in the respective States. The six components in the revised Section 106 State allotment formula selected to reflect the extent of the water pollution control problems in the United States are: (1) surface water area; (2) ground water use; (3) water quality impairment; (4) point sources; (5) non-point sources, and (6) population of urbanized areas. The set-aside for Interstate Water Pollution Control Agencies is 2.6 percent of the total State monies appropriated under Section 106. The interstate allotment formula consists of two parts: (1) a base portion, and (2) a variable portion. The base portion of the formula ensures that each eligible interstate agency will receive a base level of funding of $125,000, to provide for coordination activities among its member States. Funds not allocated by the base portion of the interstate formula will be allocated based on the sum of State allocation ratios from the Section 106 State allotment formula for the signatory States in the Compact of each eligible Interstate Water Pollution Control Agency. The allocation ratios of those States involved in Compacts with more than one eligible Interstate Water Pollution Control Agency will be distributed among those interstate agencies based on the percentage of the State's territory that is situated within the drainage basin or watershed area covered by each Compact. To receive a Section 106 Water Pollution Control grant, a State or interstate agency must expend annually for recurrent Section 106 program expenditures an amount of non-federal funds at least equal to expenditures during the fiscal year ending June 30, 1971. A portion of the annual Section 106 appropriation is set-aside for eligible Indian tribes qualified under CWA Section 518(e), and an allocation formula is used to distribute these funds to the EPA Regions. The tribal allocation formula consists of both a base portion (which is currently equal to $60,000 times the total number of tribes with Treatment as a State (TAS) approval for Section 106 grants in each EPA Region), plus a weighted variable portion. The variable portion is based upon the total tribal water area (50%), land area (25%), and reservation population (25%) in each EPA Region. Tribal work plan costs include the costs of planning, developing, establishing, improving and maintaining a water pollution control program. The Regional Administrator may provide up to 95 percent of the approved work plan costs for Tribes or intertribal consortia establishing a Section 106 water pollution control program. The Regional Administrator may increase the maximum Federal share if the tribe or intertribal consortium can demonstrate in writing to the satisfaction of the Regional Administrator that fiscal circumstances within the tribe or within each tribe that is a member of an intertribal consortium are constrained to such an extent that fulfilling the 5 percent match requirement would impose undue hardship.
Length and Time Phasing of Assistance
One year; payments are approved quarterly and disbursed monthly.
Post Assistance Requirements
Reports
Annual expenditure reports; semiannual program evaluations; revised budget llowing reallocation of funds; other reports as Grant Agreement requires.
Audits
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 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. 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
In each fiscal year, grants are awarded to encourage and support the conduct of Water Pollution Control programs by the 50 States, 6 territories, the District of Columbia, 6 Interstate Commissions, and Indian Tribes qualifying under Section 518(e).
Financial Information
Account Identification
68-0108-0-1-304.
Obligations
FY 02 $192,476,900; FY 03 est. $191,248,800; and FY 04 est. $200,400,000.
Range and Average of Financial Assistance
$60,000 to $10,700,000.
Regulations, Guidelines and Literature
General Grant Regulations and Procedures, Environmental Protection Agency (40 CFR Part 31); Handbook of Procedures, State and Interstate Program Grants; Environmental Protection Agency, State and Local Assistance Programs, Grants for Water Quality Planning, Management and Implementation (40 CFR Part 130 and 40 CFR Part 35 Subpart A and B).
Related Programs
66.454, Water Quality Management Planning; 66.600, Environmental Protection Consolidated Grants_Program Support.
Information Contacts
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
Headquarters Office
Carol Crow, State and Interstate Agencies, Section 106 Coordinator, Section 106, Office of Wastewater Management (4201), Office of Water, EPA, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-0644. Clarence Braddock, Section 106 Tribal Coordinator, OWM (4201), OW, EPA, Washington, DC 20460. Telephone: (202)564-0648.
Web Site Address
Examples of Funded Projects
Grants are made to States, interstate agencies, and tribes qualified under CWA Section 518(e), for the administration of State and tribal programs for the prevention, reduction, and control of pollution. Activities funded include administration of State and tribal water quality standards programs; National Pollutant Discharge and Elimination System (NPDES) programs; and compliance and enforcement programs; water quality monitoring and assessments; and hazardous materials spills response.
Criteria for Selecting Proposals
Section 106 funds are awarded to State, territory, interstate and Indian tribal agencies in accordance with overall water quality management needs, the requirements of programs covered by these agreements, and EPA Program guidance.
