Water Pollution Control State, Interstate, and Tribal Program Support

To assist States (including territories, the District of Columbia, and Indian Tribes qualified under CWA Section 518(e)), and interstate agencies in establishing and maintaining adequate measures for prevention and control of surface and ground water pollution from both point and nonpoint sources.

Funding
Priority - Fiscal Year 2008: States and Tribes will continue to focus on fulfilling their basic responsibilities under the CWA and, based upon a shared understanding with EPA of the environmental progress expected, will identify program activities that will best support attaining targeted environmental improvements.

State priority efforts will include: (1) adoption of new comprehensive monitoring strategies and the development of statistically-valid monitoring networks to target activities and determine water quality status and trends; (2) support of cost-effective water quality management decisions (including total maximum daily loads (TMDLs) and watershed plans designed to meet water quality standards); and (3) implementing concentrated animal feeding operations (CAFOS) and storm water permitting programs.

States and Tribes will work toward adoption of nutrient criteria for fresh waters, adoption of the 1986 bacteria criteria, and adoption of fish tissue criteria for mercury in their water quality standards.

States will support EPA in implementing the "Permitting for Environmental Results Strategy (PERS)," including: (1) developing and strengthening systems to ensure the integrity of the program; (2) achieving and measuring environmental results; and (3) incorporating efficiencies in permitting program operations.

States will also conduct source water protection actions to protect both ground water and surface waters used for drinking water.

Tribes will continue to conduct watershed assessments and will maintain and improve their capacity to implement water quality programs through monitoring, assessments, planning, and standards development.

Funding Priority - Fiscal Year 2009: States and Tribes will continue to focus on fulfilling their basic responsibilities under the CWA and, based upon a shared understanding with EPA of the environmental progress expected, will identify program activities that will best support attaining targeted environmental improvements.

State priority efforts will include: (1) adoption of new comprehensive monitoring strategies and the development of statistically-valid monitoring networks to target activities and determine water quality status and trends; (2) support of cost-effective water quality management decisions (including total maximum daily loads (TMDLs) and watershed plans designed to meet water quality standards); and (3) implementing concentrated animal feeding operations (CAFOS) and storm water permitting programs.

States and Tribes will work toward adoption of nutrient criteria for fresh waters, adoption of the 1986 bacteria criteria, and adoption of fish tissue criteria for mercury in their water quality standards.

States will support EPA in implementing the "Permitting for Environmental Results Strategy (PERS)," including: (1) developing and strengthening systems to ensure the integrity of the program; (2) achieving and measuring environmental results; and (3) incorporating efficiencies in permitting program operations.

States will also conduct source water protection actions to protect both ground water and surface waters used for drinking water.

Tribes will continue to conduct watershed assessments and will maintain and improve their capacity to implement water quality programs through monitoring, assessments, planning, and standards development.
Related Programs

Examples of Funded Projects

Grants are made to States, interstate agencies, and tribes qualified under CWA Section 518(e), for the administration of State and tribal programs for the prevention, reduction, and control of water pollution.

Activities funded include administration of State and tribal water quality planning programs; water quality standards programs; water quality monitoring and assessments; National Pollutant Discharge and Elimination System (NPDES) permitting programs; compliance and enforcement programs, and ground water protection programs.

More specifically, adoption and implementation of new comprehensive monitoring strategies, as stated in the March 2003 Elements of a State Water Monitoring and Assessment Guidance, and the development of statistically valid monitoring networks to help target activities and determine water quality status and trends; enhancement of the quality and timeliness of state/tribal water quality standards triennial reviews so that standards are based on sound science and EPA guidance; adoption of nutrient criteria for fresh waters, adoption of the 1986 bacteria criteria, and adoption of fish tissue criteria for mercury into state water quality standards; effective management of the permit program through State participation in implementing EPA's "Permitting for Environmental Results Strategy (PERS)," focusing on (1) developing and strengthening systems to ensure the integrity of the program; (2) achieving and measuring environmental results; and (3) incorporating efficiencies in permitting program operations; implementation of program enhancements identified in the FY 2004 comprehensive assessment of NPDES program integrity; and State storm water and concentrated animal feeding operations (CAFO) permitting programs, wet weather issues and combined sewer overflows (CSOs).


Agency - Environmental Protection Agency

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.

Office - Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.


Program Accomplishments

In each fiscal year, grants are awarded to encourage and support the conduct of Water Pollution Control programs by the 50 States, 6 Territories, the District of Columbia, 6 Interstate Commissions, and Indian Tribes qualifying under CWA Section 518(e). In FY 07, 180 grant awards were made. FY 07 funds were used to continue to support State and Tribes' efforts to fulfill their basic responsibilities under the CWA and identify program activities that best support attaining targeted environmental improvements. Accomplishments included: the adoption of new comprehensive monitoring strategies and the development of statistically-valid monitoring networks to target activities and determine water quality status and trends; the support of cost-effective water quality management decisions (including total maximum daily loads (TMDLs)) and the development of watershed plans designed to meeting water quality standards); and the implementation of concentrated animal feeding operations (CAFOS) and storm water permitting programs. EPA, States, interstates, and Tribes continue to work together to define tailored strategies that align programs to deliver results on a watershed basis. At a minimum, these Regional watershed based strategies give priority to: (1) fostering the development of watershed plans under State nonpoint source programs; (2) assuring that high priority permits are current; (3) tracking permitting for environmental results program integrity follow-up actions; (4) developing TMDLs for impaired waters; and (5) organizing restoration plans on a waterbody basis. In FY 08, an anticipated 180-200 grant awards will be made. FY 08 funds will continue these efforts, and States and Tribes will work toward adoption of nutrient criteria for fresh waters, adoption of the 1986 bacteria criteria, and adoption of fish tissue criteria for mercury in their water quality standards. States will also conduct source water protection actions to protect both ground water and surface waters used for drinking water.

Uses and Use Restrictions

Water pollution control grants are intended to provide continuing support for the prevention and abatement of surface and ground water pollution from point and nonpoint sources.

Continuing and recurrent water quality management program activities funded include water quality planning and standards; monitoring and assessments; inspections and enforcement; permitting; training; advice and assistance to local agencies; and public information.

Funds cannot be used for construction, operation, or maintenance of waste treatment plants, nor can they be used for costs financed by other Federal grants.

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.

Eligibility Requirements

Applicant Eligibility

Eligible entities include State and interstate water pollution control agencies as defined in the Federal Water Pollution Control Act, and Indian tribes qualified under CWA Section 518(e).

Agencies making application for funds must annually submit their pollution-control program to the appropriate EPA Regional Administrator for approval.

Requirements of the program are based on Section 106 of the Act, and 40 CFR Parts 31, 35, and 130.

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.

Beneficiary Eligibility

State and interstate water pollution control agencies and Indian tribes qualified under Section 518(e) of the Clean Water Act (CWA).

Credentials/Documentation

Costs will be determined in accordance with OMB Circular No. A-87 for State, tribal, and local governments. State and interstate agencies and Indian tribes qualified under Section 518(e) of the Clean Water Act must show compliance with 40 CFR 35, Subpart A and Subpart B.

Aplication and Award Process

Preapplication Coordination

Informal meetings are held between regional office, State, territorial, and Indian tribe applicant agencies concerning program preparation.

The standard application forms, as furnished by the Federal agency and required by OMB Circular No.

A-102, must be used for this program.

The grant agreement must adequately reflect the priorities identified in the State/EPA Agreement.

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.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 Procedures

The grants application must be submitted to the appropriate EPA Regional Office, Grants Administration Branch (see Appendix IV of the Catalog). The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants and Interagency Agreements Management Division, 1200 Pennsylvania Avenue, N.W., Mailcode (3903R), Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Additional information on the EPA grant package can be found at: http://www.epa.gov/ogd/grants/how_to_apply.htm. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedures

Applications are reviewed by the appropriate EPA Regional Office and if approved, are signed by the Regional Administrator. 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.

Deadlines

Application forms must be submitted according to dates established by the Regional Administrator. Contact the Regional Office for application deadlines.

Authorization

Clean Water Act (CWA), Section 106, as amended, Public Law 95-217, 33 U.S.C. 1251 et seq.

Range of Approval/Disapproval Time

Approximately 30 days.

Appeals

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.

Renewals

None.

Assistance Considerations

Formula and Matching Requirements

The regulation that implements the formula can be found at CFR 35.162. As stated in the Clean Water Act, appropriated funds are allotted among the State and Interstate Water Pollution Control Agencies on the basis of the extent of the pollution problems in the respective States. The six components in the revised Section 106 State allotment formula selected to reflect the extent of the water pollution control problems in the United States are: (1) surface water area; (2) ground water use; (3) water quality impairment; (4) point sources; (5) non-point sources; and (6) population of urbanized areas. The set-aside for Interstate Water Pollution Control Agencies is 2.6 percent of the total State monies appropriated under Section 106. The interstate allotment formula consists of two parts: (1) a funding floor, and (2) a variable portion. To receive a Section 106 Water Pollution Control grant, a State or interstate agency must expend annually for recurrent Section 106 program expenditures an amount of non-federal funds at least equal to expenditures during the fiscal year ending June 30, 1971. A portion of the annual Section 106 appropriation is set-aside for eligible Indian Tribes qualified under CWA Section 518(e), and an allocation formula is used to distribute these funds to the EPA Regions. The Tribal allocation formula consists of both a base portion (which is currently equal to $65,000 times the total number of Tribes with Treatment as a State (TAS) approval for Section 106 grants in each EPA Region), plus a weighted variable portion. The variable portion is based upon the total tribal water area (50 percent), land area (25 percent), and reservation population (25 percent) in each EPA Region. Tribal work plan costs include the costs of planning, developing, establishing, improving, and maintaining a water pollution control program. The Regional Administrator may provide up to 95 percent of the approved work plan costs for Tribes or intertribal consortia establishing a Section 106 water pollution control program. The Regional Administrator may increase the maximum Federal share if the tribe or intertribal consortium can demonstrate in writing to the satisfaction of the Regional Administrator that fiscal circumstances within the Tribe or within each Tribe that is a member of an intertribal consortium are constrained to such an extent that fulfilling the 5 percent match requirement would impose undue hardship. Since 2005, additional funds have been allocated for the purposes of strengthening State and Territorial water quality monitoring programs.

Length and Time Phasing of Assistance

One year; payments are approved quarterly and disbursed monthly.

Post Assistance Requirements

Reports

Annual expenditure reports; semiannual program evaluations; revised budget following reallocation of funds; and other reports as Grant Agreement requires.

Audits

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 Nonprofit Organizations," nonfederal 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. Nonfederal 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.

Records

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.

Financial Information

Account Identification

68-0103-0-1-304.

Obigations

FY 07 $211,210,800; FY 08 est. 218,206,000; and FY 09 est. $221,664,000.

Range and Average of Financial Assistance

$10,000 to $11,215,000/fiscal year; $5,610,000/fiscal year.

Regulations, Guidelines, and Literature

General Grant Regulations and Procedures, Environmental Protection Agency (40 CFR Part 31); Handbook of Procedures, State and Interstate Program Grants; Environmental Protection Agency, State and Local Assistance Programs, Grants for Water Quality Planning, Management and Implementation (40 CFR Part 130 and 40 CFR Part 35 Subpart A and B); Office of Water National Program Guidance for FY 2005.

Information Contacts

Regional or Local Office

Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.

Headquarters Office

Robyn Delehanty, Section 106 State and Interstate Program Coordinator, Office of Wastewater Management (4201M), Environmental Protection Agency, EPA East Building, 1201 Constitution Avenue, N.W. Washington, DC 20460. Telephone: (202) 564-3880; Fax: (202) 501-2399; E-mail: delehanty.robyn@epa.gov.

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. Section 106 funds are awarded to State, territory, interstate, and Indian tribal agencies in accordance with overall water quality management needs, the requirements of programs covered by these agreements, and EPA Program guidance.



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