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.

Funding Priorities - Fiscal Year 2014: Assistance agreements to states and Tribes will 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 2014, not less than 80 percent of LUST cleanup appropriated funds will be provided to states to carry out the LUST cleanup program. High priority tasks include better site characterization efforts, remedy selection review, other technical assistance and management, oversight and enforcement activities at unaddressed LUST sites.

Funding Priorities - Fiscal Year 2015: Assistance agreements to states and Tribes will 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 2015, not less than 80 percent of LUST cleanup appropriated funds will be provided to states to carry out the LUST cleanup program. High priority tasks include better site characterization efforts, remedy selection review, other technical assistance and management, oversight and enforcement activities at unaddressed LUST sites.

Funding Priorities - Fiscal Year 2016: Assistance agreements to states and Tribes will 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 2016, not less than 80 percent of LUST cleanup appropriated funds will be provided to states to carry out the LUST cleanup program. High priority tasks include better site characterization efforts, remedy selection review, other technical assistance and management, oversight and enforcement activities at unaddressed LUST sites.

General information about this opportunity
Last Known Status
Active
Program Number
66.805
Federal Agency/Office
Agency: Environmental Protection Agency
Office: Office of Solid Waste and Emergency Response
Type(s) of Assistance Offered
FORMULA GRANTS
Program Accomplishments
Fiscal Year 2014: In FY 2014, 52 States (including DC and Puerto Rico) and four territories and approximately 8 Indian Tribes submitted assistance agreement applications and were awarded LUST corrective action assistance agreements.



Program accomplishments for FY 2014 resulted in completing 10,393 cleanups and reducing by 14.2 percent the percent of confirmed releases as UST facilities remaining to be cleaned up. Fiscal Year 2015: In FY 2015, it is anticipated that 52 States (including DC and Puerto Rico) and four territories and approximately 8 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. Fiscal Year 2016: No Current Data Available
Authorization
Solid Waste Disposal Act of 1976 (SWDA), as amended, Section 9003(h), Public Law 105-276; EPA's Annual Appropriation Act.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
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.".
Beneficiary Eligibility
States, Territories, Tribes and Intertribal Consortia and the communities and industries affected by leaks from underground storage tanks.
Credentials/Documentation
Even though the LUST corrective action assistance 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 (http://www.epa.gov/oust/fedlaws/epact_05.htm). The EPA Regional Offices maintain the credentials/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. 2 CFR 200, Subpart E - Cost Principles applies to this program.
What is the process for applying and being award this assistance?
Pre-Application Procedure
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. Tribes and Intertribal Consortia are not required to follow intergovernmental review procedures. 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
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 http://www.grants.gov.

States and Tribes apply for funds through EPA regional offices under this CFDA.

Additionally 2 CFR 1500 applies to this program.



Award Procedure
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 the cooperative agreement to states through a previously established allocation process, issued under national guidance rather than through competition. See EPA Order 5700.5, Section 6(c)(1).
Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Approval/Disapproval Decision Time
Generally from 3 to 4 months.
Appeals
Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Renewals
Contact the appropriate Regional Office. See http://www.epa.gov/swerust1/states/index.htm.
How are proposals selected?
This program allocates funding to States and Tribes non-competitively under the allocation system referenced in Section :101. Guidelines for LUST corrective action cooperative agreements are found in OSWER Directive 9650-10A, and at OUST's website http://www.epa.gov/swerust1/directiv/d965010a.htm.
How may assistance be used?
Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov.

Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the government. Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009.

States and Tribes may use financial assistance under this program for eligible and allowable costs incurred under cooperative agreements for corrective action, as described in Section: 54 Funding Priority and Section: 180 Criteria for Selecting Proposals. 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 OSWER Directive 9650.10A, "LUST Trust Fund Cooperative Agreement Guidelines" apply to states receiving funds under this program. See http://www.epa.gov/swerust1/directiv/d965010a.htm.

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 leaking underground storage tank activity authorized by Section 205 of the Superfund Amendments and Reauthorization Act.
What are the requirements after being awarded this opportunity?
Reporting
Reporting requirements are identified at 2 CFR 200.327. EPA Regional Offices may include additional information regarding the content and frequency of reporting requirements in the terms and conditions of the agreements. Recipients submit annual reports which include a description of the progress made towards meeting environmental goals as expressed by the environmental indicators and program measures. Recipients report program performance results semi-annually that provide updates for commitments and priorities. No cash reports are required. Progress reports are required and identified at 2 CFR 200.327. States are required to submit Federal Financial Reports (SF-425) to the Las Vegas Finance Center. Performance monitoring is conducted to determine states' progress towards meeting overall program goals.
Auditing
In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. 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.
Records
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: Title Solid Waste Disposal Act. 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).
Matching Requirements: There is no matching requirement for corrective action cooperative agreements for Tribes or Intertribal Consortia awarded pursuant to Public Law 105-276.
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 by the specific EPA Regional Office. Method of awarding/releasing assistance: lump sum.
Who do I contact about this opportunity?
Regional or Local Office
See Regional Agency Offices. For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see http://www.epa.gov/swerust1/regions/index.htm).
Headquarters Office
Lynn Depont, USEPA Headquarters, Ariel Rios Building, 1200 Pennsylvania Avenue, N. W. Mail Code: 5401P, Washington, District of Columbia 20460 Email: depont.lynn@epa.gov Phone: (703) 603-7148
Website Address
http://www.epa.gov/swerust1/index.htm
Financial Information
Account Identification
68-8153-0-7-304.
Obligations
(Formula Grants) FY 14 $56,848,594; FY 15 est $56,168,900; and FY 16 est $54,402,000 - LUST Obligations - Assistance Agreements to States and Tribes (for state and tribal staff oversight of initiating and cleaning up contamination from leaking underground storage tanks): For LUST State Cooperative Agreements: FY 2014 actual: $56,126,000; FY 2015 actual: $55,040,000; FY 2016 estimate: $54,402,000.

For LUST Tribal Cooperative Agreements: FY 2014 actual: $722,594 ; FY 2015 actual: $1,128,900. FY 2016 estimate is unknown.
Range and Average of Financial Assistance
For FY 2014, the Range for Territories and States: $51,000 - $3,022,000; Territory Average: $56,500; State Average: $1,079,000. There were approximately 8 Tribal cooperative agreements in FY 2014 for a total of $723,000.

For FY 2015, the Range for Territories and States: $41,000 - $3,200,000; Territory Average: $46,250; State Average: $1,058,000. It is anticipated that there will be approximately 8 Tribal cooperative agreements in FY 2015 for a total of $1,129,000.
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.

Guidelines: Leaking Underground Storage Tanks Trust Fund. Cooperative Agreement Guidelines.



Examples of Funded Projects
Fiscal Year 2014: In FY 2014, 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 2015: In FY 2015, it is anticipated that 52 States (including DC and Puerto Rico) and four territories and approximately 8 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. Fiscal Year 2016: No Current Data Available

 


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