Continuing program grants are provided to State, Local and Tribal air pollution control agencies for the purpose of operating programs that plan and implement activities to achieve ambient air quality standards.
These programs cover: planning for attainment of updated national air quality standards including fine particulates and ozone; state implementation plan development; ambient monitoring; emission inventories; air and emissions modeling; source permitting; certain compliance and enforcement activities; public outreach and education activities; development and implementation of air quality regulations; implementation of market-based, early action (ozone) compacts and other innovative air pollution reduction strategies; technical training; risk and data analyses; information management; and program evaluation, progress reporting and other program operation and maintenance activities.
The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.
In FY 2008, approximately 110 applications were received from State, Local and Tribal agencies to help support their continuing air quality programs were funded. This same level is expected to be received and funded in FY 2009. These programs plan and implement measures to improve, protect, monitor and report air quality in their communities. The plans integrate state and local measures with federal measures - including advances in environmental technologies (e.g., cleaner fuels, vehicle and industrial technology), in addressing and reducing air pollution and in meeting National Ambient Air Quality Standards (NAAQS). The NAAQS are regularly reassessed to assure that public health and welfare is being adequately protected. The most recent designations for ozone occurred in 2004 and 89 of the original 126 ozone areas are now meeting that NAAQS based on data collected during 2004-2006. Thirteen of the 14 Early Action Compact areas will have been designated attainment by April 15, 2008. For PM, the Agency designated 86 areas, with a total population of 35.8 million people, as nonattainment for PM10 in 1992 and 46 of those areas remain in nonattainment. In 4/05, EPA designated 39 areas as nonattainment for the PM2.5 based on air quality data collected during 2001-2003. Some PM2.5 design values in designated nonattainment areas are improving slightly, especially in the western U.S violated the annual and not the 24-hour NAAQS. As the new standards for ozone and PM2.5 take affect, updates on in designations and progress in air quality status will be provided. States have achieved widespread attainment of standards for several of the criteria pollutants: CO, SO2, NO2 and Lead. Specifically: for carbon monoxide EPA originally designated 78 areas, affecting 69.8 million people, as nonattainment for CO in 1992 with 3 nonattainment areas, affecting 719 thousand people remaining. For sulfur dioxide (SO2), EPA designated 54 areas, with a total population of 9.8 million people, as nonattainment for SO2 in 1992 with 10 nonattainment areas remaining affecting a total population of 1.1 million. All 10 areas have monitoring data measuring attainment of the SO2 NAAQS. For nitrogen Dioxide (NO2), there are no designated NO2 nonattainment areas and all areas continue to meet the NAAQS. For lead (Pb), EPA designated 13 areas, with a total population of 1.8 million people as nonattainment for Pb in 1992 and 2 nonattainment areas remain. There are no new areas violating the current lead NAAQS. The lead NAAQS is currently being examined for revision.
Uses and Use Restrictions
Grant funds may be used for costs specifically incurred in the conduct of a State/Local/Tribal Air Pollution Control Program in accordance with the purposes enumerated in the approved application.
These include personnel costs, supplies, equipment, training of personnel, travel, and other necessary expenditures during the approved project period.
Funds may not be used for construction of facilities, nor for expenses incurred other than during each approved award period.
Grant funds may not be used to subsidize the costs of Title V operating permit programs.
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.
Municipal, Intermunicipal, State, Federally Recognized Indian Tribe, or Interstate or Intertribal with legal responsibility for appropriate air pollution planning, development, establishment, implementation, and maintenance of Clean Air Act air pollution control activities, including management of grant support for those activities, provided such organization furnishes funds for the current year that are equal to or in excess of its recurrent expenditures for the previous year for its approved section 105 air pollution program.
The determination of expenditures is subject to decisions based on provisions of the Clean Air Act and applicable grant regulations.
This program is available to each State, territory and possession of the U.S., including the District of Columbia.
For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.
Municipalities (local governments), Intermunicipalities, States, Federally Recognized Indian Tribes, and Interstate and Intertribal agencies.
The application must supply evidence of legal authority for air pollution control; evidence of the availability of nonfederal matching funds; assurance that federal funds do not supplant available recipient funds, evidence that the Governor or his designated State agency has been given the opportunity to comment on the relationship of the program to be funded to the State plan; and a workable program officially adopted for the agency. Principles for determining allowable costs are set forth in applicable Federal management circulars described in the general grant regulations and procedures 40 CFR Part 31 of the Federal Regulations. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Aplication and Award Process
Discussion with the applicable EPA Regional Office is advised for air program grant applications.
The standard application forms as furnished by the Environmental Protection Agency and required by OMB Circular No.
A-102 must be used for this program.
Applications are subject to the State's review.
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.
Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement.
For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog.
Requests for application forms and completed applications must be submitted to the appropriate EPA Regional Grants Administration Branch. Application must meet the requirements of the grant regulations and will be reviewed to determine merit and relevancy of the proposed project. This program is excluded from coverage under OMB Circular No. A-110. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.
Procedures for awards are outlined in General Grant Regulations 40 CFR Part 31. For competitive awards, EPA will review and evaluate applications, proposals, and/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.
Clean Air Act of 1990, Section 105, as amended; Public Law 101-549.
Range of Approval/Disapproval Time
Approximately 90 days.
Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Formula and Matching Requirements
The Clean Air Act does not prescribe a specific statutory funding formula but does direct that the factors of population, the extent and severity of the air pollution problem, and financial need, be considered in the allocation of available resources by the Agency. The current allocation approach is currently under review for updating by the Agency. EPA is undertaking the review in consultation with eligible recipients. State, Interstate, and Local programs may receive up to 60 percent Federal funding for the total approved program costs. The amount of Federal share of grant costs should be determined by reference to the criteria set forth in Section 105 of the Clean Air Act and in 40 CFR 35.145, 40 CFR 35.146, and 40 CFR 147. Not more than 10 percent of the funds available shall be granted for air pollution control programs in any one State. Not less than one-half of one percent of the funds are to be made available as a minimum to a State (overall) for application. However, award of these levels of funds will be made only if the agencies within the State meet the requirements of the Act and grant regulations. For Indian Tribes establishing eligibility pursuant to Section 35.573, the Regional Administrator may provide financial assistance in an amount up to 95 percent of the approved costs of planning, developing, establishing, or improving an air pollution control program, and up to 95 percent of the approved costs of maintaining that program. After 2 years from the date of each Tribe's initial grant award, the Regional Administrator will reduce the maximum federal share to 90 percent, as long as the Regional Administrator determines that the Tribes meet certain economic indicators that would provide an objective assessment of the tribe's ability to increase its share.
Length and Time Phasing of Assistance
The terms of the grant shall be determined at time of award.
Post Assistance Requirements
EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements.
Agreements may require quarterly, interim, and final progress reports, and financial, equipment, and invention reports.
Grant and administrative reporting requirements are also identified in the Grant Regulations Part 30 and Part 32.
Programmatic reporting requirements are outlined in Part 31 and in the applicable national program manager annual guidance.
Requirements for the evaluation of recipient performance are discussed in 40 CFR 35.115.
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. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Non-federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133.
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.
FY 07 $154,747,260; FY 08 $165,700,000; FY 09 $175,730,000 (estimated and includes $25.5M for PM2.5 air monitoring. Note: The President's Budget request proposes to fund the PM 2.5 Air Monitoring grant program under Section 105, but Congress has proposed to continue funding the program under Section 103.
Range and Average of Financial Assistance
In FY 2008 - From approximately $64,000 to $6,850,000 per recipient; average approximately $1,500,000.
Regulations, Guidelines, and Literature
Air Pollution Control Program Grants, EPA, 40 CFR Part 35 (revised January 9, 2001); Interim Rule published January 4, 1995 (FR V.60 No.2, pp.366-372); General Grant Regulations and Procedures, EPA, 40 CFR Part 31.
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
For program information: William Houck, National Air Grant Coordinator, State/local (202) 564-1234, Fax: (202) 564-1352, firstname.lastname@example.org; and Darryl Harmon, Tribal Air Coordinator (202) 564-7416, Fax: (202) 564-1352, email@example.com; Office of Air and Radiation, Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, DC 20460. Mail Code 6102A.
Criteria for Selecting Proposals
The criteria for awarding air pollution control program assistance grants are provided in the 1990 Clean Air Act, Section 105, and set forth in State and local assistance grant regulations (40 CFR 35). Some of the criteria considered for award include the following: 1) No grant may be awarded unless the program contained in the grant application meets the requirements of Section 35.140 (program purposes and associated regulations) and has been approved by the Regional Administrator. Sections 35.104 and 35.107 describe what an agency needs to do to prepare an adequate application. This usually includes the use of annual program and grant guidance from EPA and is generally done in consultation with the EPA Regional Office. 2) No grant may be awarded until the Regional Administrator has consulted with the official designated by the Governor(s) of the State(s) affected by such award pursuant to Section 105(b) of the Clean Air Act. Such consultation should consider the role of the applicant in the enforcement of any applicable implementation plan and confirm that the applicant's program will be generally compatible with the objectives of the applicable implementation plan. 3) The requirements of this Section shall not apply to Indian Tribes that have established eligibility pursuant to Section 35.573 and intertribal agencies made up of such Tribes. 4) No grant may be awarded unless the Regional Administrator has determined that the agency has adequate air pollution control authority and necessary regulations to implement such authority. The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.