Leaking Underground Storage Tank Trust Fund Corrective Action Program
To support state (including territories that are included in the definition of state in the Solid Waste Disposal Act) and tribal corrective action programs that address releases from underground storage tanks (USTs). Funding Priorities - Fiscal Year 2019: Cooperative agreements to states and tribes to support activities in making progress in cleaning up petroleum leaks by initiating and completing cleanups and reducing the backlog of sites not yet cleaned up. In FY 2019, at least 80 percent of LUST corrective action appropriated funds will be provided to states to carry out the LUST corrective action program. High priority tasks include better site characterization efforts; remedy selection review; other technical assistance and management; oversight; and enforcement activities at unaddressed leaking underground storage tanks (LUST) sites.
General information about this opportunity
Last Known Status
Environmental Protection Agency
Type(s) of Assistance Offered
A - Formula Grants
Fiscal Year 2016
In FY 2016, it is anticipated that 52 States (including DC and Puerto Rico) and four territories and approximately 2 Indian Tribes will submit assistance agreement applications and will be awarded LUST corrective action assistance agreements. Final performance measure results are not available at this time. In FY 2016, 52 States (including DC and Puerto Rico) and four territories and 2 Indian Tribes submitted assistance agreement applications and were awarded LUST corrective action assistance agreements. Program accomplishments for FY 2016 resulted in completing 8,977 cleanups and reducing to 13 percent the percent of confirmed releases as UST facilities remaining to be cleaned up.Fiscal Year 2017
(no entry)Fiscal Year 2018
In FY 2018, 52 states (including DC and Puerto Rico) and four territories are expected to submit applications and be awarded LUST Cooperative Agreements.Fiscal Year 2019
In FY 2019, 52 states (including DC and Puerto Rico) and four territories are expected to submit applications and be awarded LUST Cooperative Agreements.
Solid Waste Disposal Act, Section 9003(h), Public Law 105-276 for Tribes
Who is eligible to apply/benefit from this assistance?
Cooperative agreements are only available to States and Territories that have UST programs. Additionally, these cooperative agreements are only available to Federally-recognized Tribes and Intertribal Consortia that must meet the requirements, as described in the Federal Register Notice, Vol. 67, No. 213, pp. 67181-67183, "Update to EPA Policy on Certain Grants to Intertribal Consortia."
Even though the LUST corrective action cooperative agreements are only used for traditional cleanup activities under Section 9003(h), states and territories must either submit certification indicating the state or territory meets the applicable Energy Policy Act provisions, or submit documentation describing the state or territory's efforts to meet the requirements, in accordance with EPA's Energy Policy Act grant guidelines (https://www.epa.gov/ust/energy-policy-act-2005-and-underground-storage-tanks-usts). The EPA regional offices maintain the credentials or documentation for state and territorial programs and federally-recognized tribes and intertribal consortia. Costs will be determined in accordance with 2 CFR 200 Subpart E.
What is the process for applying and being award this assistance?
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.
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 https://www.grants.gov. Additional information on applying for EPA grants can be found at: https://www.epa.gov/grants/how-apply-grants
These funds are awarded non-competitively. Applications will be subjected to administrative evaluation to determine the adequacy of the application in relation to assistance agreement regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will advise the applicant if funding is being considered. A final work plan will be negotiated with the applicant. A cooperative agreement must be signed between EPA and the state or territory or EPA and the tribe or intertribal consortia. EPA awards cooperative agreements to states through a previously established allocation process, issued under national guidance rather than through competition. See EPA Order 5700.5A1, Section 6(c)(1) at https://www.epa.gov/grants/epa-order-5700a1-epas-policy-competition-assistance-agreements.
Contact the headquarters or regional location, as appropriate for application deadlines
Approval/Disapproval Decision Time
From 90 to 120 days. Generally from 3 to 4 months.
Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.
Contact the appropriate Regional Office. See https://www.epa.gov/ust/underground-storage-tank-ust-contacts.
How are proposals selected?
This program allocates funding to states and tribes non-competitively under an allocation system. For more information, see Leaking Underground Storage Tank Fund Corrective Action Cooperative Agreement Guidelines at http://www.epa.gov/ust/state-grant-policy-and-guidance.
How may assistance be used?
States and tribes may use financial assistance under this program for eligible and allowable costs incurred under cooperative agreements for corrective action, as described under "Objectives". This financial assistance program is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA will award cooperative agreements for corrective action activities. The applicable provisions in Leaking Underground Storage Tank Trust Fund Corrective Action Cooperative Agreement Guidelines apply to states receiving funds under this program. See https://www.epa.gov/ust/state-grant-policy-and-guidance. LUST Trust Funds for corrective action will not be used to implement any provision of the Energy Policy Act (EPAct) of 2005, Title XV, Subtitle B, that is not also a LUST activity authorized by Section 205 of the Superfund Amendments and Reauthorization Act. LUST Trust Fund corrective action cooperative agreements are Continuing Environmental Program Grants, administered by EPA, and provide money to states to address petroleum releases from USTs. States must comply with the requirements in Leaking Underground Storage Tank Trust Fund Corrective Action Cooperative Agreement Guidelines and Cost Recovery Policy For Leaking Underground Storage Tank Trust Fund Corrective Action Cooperative Agreements as a condition of receiving LUST Trust Fund corrective action cooperative agreement funding. See https://www.epa.gov/ust/state-grant-policy-and-guidance.
What are the requirements after being awarded this opportunity?
Performance monitoring is conducted to determine states' progress towards meeting overall program goals.
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.
The record retention requirements of 2 CFR 1500.6 are applicable depending upon the identity of the recipient. 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.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.
Matching is voluntary. 10%. LUST corrective action funding awarded under Section 9003(h)(7) of the Solid Waste Disposal Act is subject to an allocation process developed by the Agency. By guidance, the Agency has established a process for allocating funds to states under Section 9003(h)(7) based on the cumulative numbers of confirmed UST releases, total number of existing registered petroleum UST systems, cleanups initiated, cleanups completed, the percentage of the population using groundwater for drinking water, and the number of states with approved UST programs. This program allocates funding to tribes and intertribal consortia non-competitively based on their programmatic needs and national guidance. States must provide a 10 percent cost share for cooperative agreements awarded under Section 9003(h)(7). There is no matching requirement for corrective action cooperative agreements for tribes or intertribal consortia awarded pursuant to Public Law 105-276.
MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
The terms of the grant shall be determined at the time of the grant award by the specific EPA Regional Office. LUST Trust Fund Corrective Action Program cooperative agreements are awarded to states annually on a multi-year cycle. Financial assistance is awarded in a lump sum. States use the Automated Standard Application for Payment System to request cash drawdowns based on a projected cash requirement.
Who do I contact about this opportunity?
Regional or Local Office
For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see https://www.epa.gov/ust/underground-storage-tank-ust-contacts).
Environmental Protection Agency, 1200 Pennsylvania Avenue, N. W. (Mail Code: 5401R)
Washington, DC 20460 US
(Formula Grants) FY 18$64,028,000.00; FY 19 est $39,743,000.00; FY 20 Estimate Not Available FY 17$55,430,000.00; FY 16$55,424,775.00; - Includes supplemental hurricane appropriation of $7,000,000.
Range and Average of Financial Assistance
For FY 2018, the Range for Territories and States: $40,868 - $3,149,070; Territory Average: $120,139; State Average: $1,059,331. It is anticipated that there will be approximately 4 Tribal cooperative agreements in FY 2018 for a total of $395,000.
Regulations, Guidelines and Literature
General grant regulations and procedures (2 CFR 200 and 2 CFR 1500, as applicable), state and local assistance (40 CFR Part 35.330 et. seq. for States and 40 CFR 35.730 et. seq. for tribes and intertribal consortia). Costs will be determined in accordance with 2 CFR Part 225 for state and local governments and indian tribes and 2 CFR Part 230 for intertribal consortia that follow the assistance regulations for nonprofit organizations. Contact regional UST program manager for documents. For more information see Leaking Underground Storage Tanks Trust Fund Cooperative Agreement Guidelines at https://www.epa.gov/ust/state-grant-policy-and-guidance.
Examples of Funded Projects
Fiscal Year 2016
In FY 2016, it is anticipated that 52 States (including DC and Puerto Rico) and four territories and approximately 2 Indian Tribes will submit assistance agreement applications and will be awarded LUST corrective action assistance agreements. Final performance measure results are not available at this time. In FY 2016, states reviewed site characterization reports; reviewed corrective action plans; and conducted enforcement actions. Cooperative agreements provided assistance to Tribes to help develop and implement the LUST program; and conduct cleanups and provide oversight of responsible party cleanups.Fiscal Year 2017
In FY 2017, states will review site characterization reports; review corrective action plans; and conduct enforcement actions. Cooperative agreements provide assistance to Tribes to help develop and implement the LUST program; and conduct cleanups and provide oversight of responsible party cleanups.Fiscal Year 2018
States will review site characterization reports; review corrective action plans; and conduct enforcement actions. Cooperative agreements provide assistance to tribes to help develop and implement the LUST program; conduct cleanups; and provide oversight of responsible party cleanups.