Toxic Substances Compliance Monitoring Cooperative Agreements

 

1) To assist Grantees, including States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Northern Marianas, the Trust Territories of the Pacific Islands, the Virgin Islands, and Indian Tribes, in developing and maintaining compliance monitoring programs to prevent or eliminate unreasonable risks to health or the environment associated with chemical substances or mixtures in their communities, specifically Lead-based paint, Asbestos, and PCB; 2) encourage regulatory activities within the Grantees communities to establish their own programs for Lead-based paint and Asbestos (waiver programs); and 3) provide funds to support enforcement activities for Asbestos waiver state programs and Lead-based paint programs. EPA may provide funding for cooperative compliance monitoring grants to Grantees under TSCA to conduct inspections to ensure compliance with the PCB regulations, the Asbestos-in-Schools requirements (inspections at charter schools, public schools, private, non-profit schools and religious schools), the Model Accreditation Plan (MAP), TSCA section 6 Ban and Phase Out Rule, and the TSCA Asbestos Worker Protection Standards and to conduct Lead-based paint activities. Authorized Grantees also conduct enforcement responses for the Lead-based program. Grantees that have obtained an EPA waiver from the Asbestos regulation (Subpart E of Part 763) also have enforcement responsibilities.

General information about this opportunity
Last Known Status
Active
Program Number
66.701
Federal Agency/Office
Environmental Protection Agency
Type(s) of Assistance Offered
B - Project Grants
Program Accomplishments
Fiscal Year 2016 FY 2016 information will not be available until October 1, 2016, at the earliest Twenty-two Asbestos, nine PCB, and thirty-eight Lead grants were awarded to States in FY 2016. Agencies participating in the TSCA Compliance Monitoring grants program receive funds to support and enhance toxic substance compliance monitoring, assurance and enforcement activities. Typical program activities for the Asbestos grant program include compliance inspections at facilities regulated under the AHERA program plus preparation of inspection reports. For waiver states, work includes case preparation and taking enforcement action. Non-waiver states using EPA credentials submit their inspection reports to EPA for case review and appropriate enforcement action. In FY 2016, 1,093 compliance monitoring inspections were conducted. Typical program activities for the PCB grant program include compliance inspections at facilities regulated under the TSCA PCB program, and submission of inspection reports to EPA for review and enforcement action, if appropriate. In FY 2016, 346 inspections were conducted. Typical program activities for the Lead-based paint grant program include compliance inspections at facilities regulated under the TSCA Lead-based paint program plus initiation of appropriate enforcement action by authorized states or referral to EPA for case review and appropriate enforcement action when violations are detected. In FY 2016, 2,995 inspections were conducted.
Fiscal Year 2017 In FY 2017 there were 3,555 lead-based paint inspections, 427 AHERA inspections, and 135 PCB inspections. It is anticipated the TSCA Compliance Monitoring grant program will receive a similar number of Grantee requests in FY 2019 as were received in FY 2018. At the earliest, FY 2019 program information (end-of-year report) must be submitted 90 days after the close of the grant
Fiscal Year 2018 In FY 2018 there were 3,972 lead-based paint inspections, 1,117 AHERA inspections, and 373 PCB inspections. It is anticipated the TSCA Compliance Monitoring grant program will receive a similar number of Grantee requests in FY 2020 as were received in FY 2018. At the earliest, FY 2020 program information (end-of-year report) must be submitted 90 days after the close of the grant
Authorization
Toxic Substances Control Act, Part Subchapter IV - Lead Exposure Reduction, Section 404(g), Public Law 102-550, 15 U.S.C. 2684(g)
Toxic Substances Control Act, Part Subchapter I - Control of Toxic Substances, Section 28, Public Law 94-469, 15 U.S.C. 2627
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
For the Lead-based paint program, state agencies, Indian tribes, and tribal consortiums that have toxic substance compliance responsibilities, who have the authority to enter into these cooperative agreements, and who have their own lead laws in place are eligible to apply for assistance under the TSCA Compliance Monitoring Grant. For the PCB and Asbestos programs, Grantees should have toxic substance compliance responsibilities and be designated as the lead agency with the authority to enter into these cooperative agreements
Beneficiary Eligibility
For the Lead-based paint, PCB, and Asbestos programs: States, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Northern Marianas, the Trust Territories of the Pacific Islands, the Virgin Islands, and Indian Tribes.
Credentials/Documentation
The applicant must supply evidence of legal authority to conduct toxic substance compliance program activities contemplated under the grant and a workable program officially adopted for the agency. For those programs where inspections are conducted using EPA credentials, prior to conducting inspections under the Grant, the Grantee must have an authorization agreement and the inspectors must complete the minimum inspector training, including health and safety training, and conduct inspections pursuant to the September 2004 Guidance for "Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA," and any substantive policies or guidance. Costs will be determined in accordance with 2 CFR Part 200 5ubpart E.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. Discussions or informal meetings with Regional program offices concerning program preparation are advisable.
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.
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. States will be notified of Federal Assistance awards through the Federal Assistance Awards Data System (FAADS).
Deadlines
Contact the headquarters or regional location, as appropriate for application deadlines
Approval/Disapproval Decision Time
From 60 to 90 days. Applications are due 60 days prior to the beginning of the next budget period .
Appeals
Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.
Renewals
Applicant must reapply annually.
How are proposals selected?
Each application will be reviewed by the Environmental Protection Agency according to criteria including the following: (1) Need: The need for the development, improvement, and/or maintenance of a comprehensive compliance monitoring/enforcement program within the Grantee community; (2) Level of Activity: The amount of regulated chemicals and facilities, and the potential risk to human health and the environment; (3) Long-Term Impact: The potential of the cooperative agreement to have a long-term beneficial impact on human health and the environment resulting from the compliance program; and (4) Effectiveness of program: The past level and effectiveness of the Grantee regulatory program, number of inspections conducted by the Grantee and number of trained inspectors that have completed the minimum training set forth in the September 30, 2004 "Guidance for Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA."
How may assistance be used?
Grant funds are available for costs specifically incurred by Grantees to develop, enhance, and maintain comprehensive compliance monitoring/enforcement programs under TSCA, specifically Lead-based paint, PCBs, and Asbestos. Funded activities may include inspector training, inspection supplies, and laboratory costs, including personnel and equipment; reimbursement for salaries, travel, training, and per diem expenses for inspectors, analysts, and program managers; and other functions related to grant activities. 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: https://www.epa.gov/geospatial. Assistance agreement awards under this program may involve generating or using environmental data, such as, environmental sampling, field measurements, and/or laboratory analyses. Further information on the "Policy to Assure the Competency of Organizations Generating Environmental Measurement Data Under Agency-Funded Assistance Agreements" should refer to the following website: http://www.epa.gov/fem/pdfs/competency-policy-aaia-new.pdf.
What are the requirements after being awarded this opportunity?
Reporting
Performance Reports: Performance monitoring is required under this program.
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
Financial records, including all documents to support entries on accounting records and to substantiate charges to each cooperative agreement, must be kept available to personnel authorized to examine EPA grant 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.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching is mandatory. 25%. There are no cost-sharing or matching fund requirements for Lead-based Paint enforcement grants under Section 404(g). The PCB and Asbestos grants do require cost sharing. Under TSCA Section 28, no grant may exceed 75 percent of the establishment and operation costs of such a program during the period for which the grant is made. Thus, recipients must contribute 25 percent of the total costs for activities conducted under Section 28 of TSCA (i.e., the PCB and Asbestos grants). In FY 2019, EPA begins implementing a new formula, using a phased approach over three years (FY 2019-FY 2021). This approach establishes a weighted formula that emphasizes lead-based paint, maximizing environmental benefits and program performance. The new formula provides more specificity regarding multiple program areas including Lead Renovation, Repair and Repainting, Lead Abatement, and the Lead Hazard Information Pamphlet: Renovation of Target Housing programs. Within the asbestos program, more weight is given to asbestos grants for Grantees that obtain waivers from EPA in order to self-implement.

MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
Grants are normally funded for a 12-month period. Payments will be on an advance letter of credit or reimbursement basis; recipients must request the initial advance payment on the form SF 270, Request for Advance or Reimbursement. To be determined at the time of the award.
Who do I contact about this opportunity?
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog, or the Headquarters Contact listed below.
Headquarters Office
Kelly Engle
Office of Compliance, Office of Enforcement an Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W. (Mail Code: 2227A)
Washington, DC 20460 US
engle.kelly@epa.gov
Phone: 202-564-2059
Website Address
https://www.epa.gov/compliance
Financial Information
Account Identification
68-0103-0-1-304
Obligations
(Project Grants) FY 18$4,807,000.00; FY 19 est $4,759,000.00; FY 20 est $3,276,000.00; FY 17$4,834,000.00; FY 16$4,874,000.00; -
Range and Average of Financial Assistance
In FY 2019, EPA begins implementing a new formula, using a phased approach over three years (FY 2019-FY 2021). This approach establishes a weighted formula that emphasizes lead-based paint, maximizing environmental benefits and program performance. The new formula provides more specificity regarding multiple program areas including Lead Renovation, Repair and Repainting, Lead Abatement, and the Lead Hazard Information Pamphlet: Renovation of Target Housing programs. Within the asbestos program, more weight is given to asbestos grants for Grantees that obtain waivers from EPA in order to self-implement. The following are ranges of possible funding for: Lead: $15,000 to $23,000/year per authorized lead-based paint program and PCB and Asbestos: $52,000 to $68,000/year.
Regulations, Guidelines and Literature
EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (2 CFR Parts 200 and 1500); Environmental Protection Agency, State and Local Assistance (40 CFR Parts 35 Subpart A), October 12, 1982.
Examples of Funded Projects
Fiscal Year 2016 State agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the states to conduct compliance monitoring inspections. Those states that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate. State agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the states to conduct compliance monitoring inspections. Those states that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.
Fiscal Year 2018 Grantee agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the Grantees to conduct compliance monitoring inspections. Those Grantees that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.
Fiscal Year 2019 Grantee agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspections) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the Grantees to conduct compliance monitoring inspections. Those Grantees that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.

 



Federal Grants Resources