Underground Storage Tank (UST) Prevention, Detection, and Compliance Program

 

To assist states, territories, tribes or intertribal consortia (leaking underground storage tank prevention only for tribes or intertribal consortia) that meet the requirements at 40 CFR 35.504 to develop and implement underground storage tank (UST) programs and for leak prevention, compliance, and other activities authorized by the Energy Policy Act (EPAct) of 2005, Public Law 105-276, and EPA's annual appropriations acts. Funding Priorities - Fiscal Year 2019: Assistance agreements to states under Section 2007 of the Solid Waste and Disposal Act will support core program underground storage tank (UST) activities, implement their leak prevention and detection programs, as well as the 2005 Energy Policy Act (EPAct) leak prevention activities. High priority tasks include providing financial assistance to states for: 1) adopting and implementing EPA's recently-released regulatory revisions 2) approving specific technologies to detect leaks from tank systems; 3) ensuring that tank owners and operators are complying with notification and other requirements; 4) ensuring equipment compatibility; 5) conducting UST inspections; 6) implementing operator training; 7) prohibiting delivery for non-complying facilities; 8) seeking state program approval to operate the UST program in lieu of the Federal program; and 9) requiring secondary containment. LUST prevention assistance agreements to states, tribes, or intertribal consortia for activities authorized by EPAct will support states with inspections and other release prevention and compliance assurance activities for federally-regulated UST systems, as well as for enforcement activities related to release prevention. A main cause of releases is the lack of proper operation and maintenance of UST systems, which is why the EPA published revised UST regulations in FY 2015 that address these and other important issues. These changes will require subsequent state adoption, applicable updates to state regulations, and updates to state program approval. For tribes, the LUST prevention assistance agreements will assist with all aspects of the tribal programs, e.g., inspection capacity. High priority tasks include providing financial assistance to tribes for: 1) inspecting UST facilities to complete the three-year inspection requirement; 2) developing inspection capacity for tribes; 3) enforcement activities related to release prevention; 4) development of leak prevention regulations and other program infrastructure; 5) helping tribes develop the capacity to administer UST programs, such as providing funding to support training for tribal staff and educating owners and operators in Indian country about UST requirements. These activities are geared toward bringing all UST systems into compliance with release detection and release prevention requirements and minimizing future releases. Priority will be given to providing funds to enable the states to meet their responsibilities under Title XV, Subtitle B of the Energy Policy Act of 2005. States that have entered into assistance agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTs.

General information about this opportunity
Last Known Status
Active
Program Number
66.804
Federal Agency/Office
Environmental Protection Agency
Type(s) of Assistance Offered
A - Formula Grants
Program Accomplishments
Fiscal Year 2016 In FY 2016, 19 states submitted applications and were awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 54 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia submitted applications and were awarded LUST Prevention assistance agreements. There are no program accomplishments to report for FY 2016 at this time In FY 2016, 19 states submitted applications and were awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 54 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia submitted applications and were awarded LUST Prevention assistance agreements. Program accomplishments for FY 2016 resulted in achieving a significant operation compliance rate of 72.5 percent and decreasing the number of newly-confirmed releases to 5,582.
Fiscal Year 2017 In FY 2017, 15 states are expected to submit applications and be awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 52 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia are expected to submit applications and be awarded LUST Prevention assistance agreements.
Fiscal Year 2018 In FY 2018, 15 states are expected to submit applications and be awarded STAG assistance agreements. For the LUST Prevention assistance agreements, 52 states (including DC and Puerto Rico) and four (4) territories and tribes and/or tribal consortia are expected to submit applications and be awarded LUST Prevention assistance agreements.
Fiscal Year 2019 There are no program accomplishments to report for FY 2019 at this time.
Authorization
Solid Waste Disposal Act, Section 2007(f)(2)
Solid Waste Disposal Act, Section 9011, 42 U.S.C. 6991j
Solid Waste Disposal Act, Section 9013 and EPA's Annual Appropriation Acts
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Prevention, detection, and compliance assistance agreements are only available to states and territories and 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." These assistance agreements may also be used for EPA to help states, who request it, to obtain SEE enrollees through a SEE assistance agreement to work on the state's USTs and to support direct UST implementation programs.
Beneficiary Eligibility
States, Territories, Tribes and Intertribal Consortia.
Credentials/Documentation
States and Territories must either submit certification indicating the State or Territory meets the applicable EPAct provisions, or submit documentation describing the State or Territory's efforts to meet the requirements, in accordance with EPA's EPActgrant guidelines ( see https://www.epa.gov/ust/energy-policy-act-2005-and-underground-storage-tanks-usts). The EPA Regional Offices maintain the credentials/documentation for State and Territorial programs and federally-recognized Tribes and Intertribal Consortia.
What is the process for applying and being award this assistance?
Pre-Application Procedure
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.
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 https://www.grants.gov. States and tribes apply for funds through EPA regional offices. EPA may award combined or separate assistance agreements for leak prevention. Additionally 2 CFR 1500 applies to this program. Additional information on applying for EPA grants can be found at: https://www.epa.gov/grants/how-apply-grants
Award Procedure
These funds are awarded non-competitively. However, if EPA elects to hold competitions for tribal or intertribal consortia assistance agreements, EPA will review and evaluate applications, proposals, 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. 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. An assistance agreement must be signed between EPA and the state or territory or EPA and the tribe or intertribal consortia. EPA awards the assistance agreements to states through a previously established allocation process, issued under national guidance rather than through competition (see 40 CFR 35.332 and EPA Order 5700.5, Section 6(c)(1)).
Deadlines
State and Tribal application deadlines are set by each EPA regional office, as appropriate.
Approval/Disapproval Decision Time
From 90 to 120 days.
Appeals
Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.
Renewals
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 the allocation system referenced in Section:101. Funding provided to states for release prevention must be expended in accordance with grant guidelines EPA issued to implement the Title XV, Subtitle B of the Energy Policy Act of 2005, https://www.epa.gov/ust/energy-policy-act-2005-and-underground-storage-tanks-usts.
How may assistance be used?
States and tribes may use financial assistance under this program for eligible and allowable costs incurred under assistance agreements for leak prevention, detection, and compliance, as described in the Section: 50 Funding Priority. Assistance agreements are available to support recipients' eligible and allowable direct costs incurred under an approved work plan plus allowable indirect costs, in accordance with established EPA policies and regulations. Unlike State and Tribal Assistance Grant (STAG) funding under Section 2007(f) of the Solid Waste Disposal Act (SWDA), the LUST prevention funding under Section 9011 and other applicable provisions of Subtitle I of the SWDA is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA may award combined STAG funded UST prevention, detection, and compliance assistance agreements authorized by Section 2007(f) with LUST prevention assistance agreements authorized by Subtitle I if the combined agreement is not included in a PPG.
What are the requirements after being awarded this opportunity?
Reporting
Performance Reports: Annual reviews are conducted to determine recipients' progress in meeting overall program goals.
Auditing
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 is not applicable to this assistance listing.

Matching is voluntary. 25%. The UST prevention, detection, and compliance Solid Waste Disposal Act 2007(f) assistance agreement (STAG) program has no statutory formula or matching requirement. However, there is a 25 percent matching requirement (cost share) for States under 40 CFR 35.335. State matches (cost shares) may include in-kind contributions. Under 40 CFR 35.332, EPA regions allocate funds to states based on their programmatic needs and applicable EPA guidance. Factors include the number of active federally regulated petroleum underground storage tanks. LUST Prevention funding is awarded under Section 9011 and other applicable provisions of Subtitle I of the Solid Waste Disposal Act subject to an allocation process developed by the Agency. The Agency distributes funds based on the number of federally-regulated petroleum USTs in a State and other indicators of State needs. States will provide a 25 percent match (cost share) for assistance agreements awarded under Section 9011 and other applicable provisions of Subtitle I. If EPA awards a State a combined UST prevention, detection, and compliance (STAG) and LUST prevention assistance agreement, the 25 percent cost share will apply to total project costs for the combined assistance agreement. There is no matching requirement (cost share) for prevention, detection and compliance assistance agreements for Tribes or Intertribal Consortia awarded pursuant under Public Law 105-276 or the Agency's annual appropriation act.

MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
The terms of the assistance agreement shall be determined at the time of award by the specific EPA regional office. Assistance agreements can be awarded on a single- or multiple-year basis up to seven years. Method of awarding/releasing assistance: Lump.
Who do I contact about this opportunity?
Regional or Local Office
For state-specific opportunities, EPA encourages potential state applicants to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see https://www.epa.gov/ust/underground-storage-tank-ust-contacts).
Headquarters Office
Ray Worley
EPA Headquarters, 1200 Pennsylvania Avenue, N. W. (Mail Code 5401R)
Washington, DC 20460 US
worley.ray@epa.gov
Phone: 202-564-1634
Website Address
https://www.epa.gov/ust
Financial Information
Account Identification
68-8153-0-7-304
Obligations
(Formula Grants) FY 18$26,833,000.00; FY 19 est $26,867,000.00; FY 20 Estimate Not Available - STAG Obligations - Grants to States: FY 18 Estimate $1,464,000. LUST Prevention Obligations - Assistance Agreements to States and Tribes: FY 18 Estimate $25,369,000. STAG Obligations - Grants to States: FY 19 Estimate $1,498,000. LUST Prevention Obligations - Assistance Agreements to States and Tribes: FY 19 Estimate $25,369,000.
Range and Average of Financial Assistance
Range for states and territories: The STAG and LUST prevention financial assistance is based on states' needs. STAG funding: There is no STAG distribution for tribes. In FY 2018, estimated STAG funding - Range for states and territories: $30,000 to $280,000; the average for states and territories is $97,600. LUST prevention funding: In FY 2018, estimated LUST prevention funding - Range for states and territories: $86,377 to $1,327,934; average for states and territories is $427,348. Range for tribes: $20,000 to $250,000; average for tribes is $75,658.
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 200 subpart E for all entity types. 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.
Examples of Funded Projects
Fiscal Year 2017 No content available
Fiscal Year 2016 UST prevention, detection, and compliance assistance agreements' funded projects include functions necessary for the development and/or implementation of a State or Indian underground storage tank (UST) program. Those functions included the development and/or implementation of enforcement and inspection programs, outreach, and training related to the underground storage tanks program. Specific examples of funded projects in FY 2016 are state inspections, enforcement, development of regulations, other program infrastructure, and to support direct tribal UST implementation programs.

 


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