State agencies participating in the Federal/State enforcement cooperative agreement program receive funds to support and enhance compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program.
Examples of program activities that may be funded include development of State enabling legislation for enforcement, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, 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, and training/workshops.
In addition, EPA is encouraging states/tribes to purchase Personal Portable Computers, i.e., Tablet PCs, that are compatible for use with PCB inspection software developed by EPA for conducting inspections and writing inspection reports.
The National Compliance Monitoring Branch (NCMPB) developed a PCB Inspection Template to make inspections more efficient and consistent by allowing the inspector to use handwriting recognition software to collect data electronically.
The software prints EPA notification forms; collects inspection data for opening and closing conferences, records reviews, and walkthroughs; makes available necessary reference materials; and assists in inspection report writing.
For Template software and training in the use of the Tablet PCs and PCB Template, state/tribes may request the PCB software and training on its use through their regional project officer.
It is anticipated software for asbestos inspections will be available in the near future.
Once developed, states are encouraged to purchase Tablet PCs compatible with the software developed and to use the Tablets to conduct the inspection and prepare the inspection report.
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.
Twenty-three Asbestos, nine PCB, and thirty six Lead State cooperative agreements were awarded in FY 07 and FY 08. A similar number are expected to be awarded in FY 09. Agencies participating in the Federal enforcement cooperative agreement program receive funds to support and enhance toxic substance compliance monitoring/enforcement activities. Two additional states, Missouri and North Dakota, purchased and will use PC Tablets and the PCB Template to conduct PCB inspections. Typical program activities for asbestos include compliance inspections at facilities regulated under TSCA, and initiation of appropriate enforcement action waiver states or referral to EPA for case review and appropriate enforcement action when violations are detected. Based on regional data, 1043 compliance monitoring inspections were conducted in FY 07 and 1008 compliance monitoring inspections will be conducted by the end of FY 08 (per Regional and state commitments). These numbers include the non-waiver states. Typical program activities for PCB include compliance inspections at facilities regulated under TSCA and initiation of appropriate enforcement action or referral to EPA for case review and appropriate enforcement action when violations are detected. Based on regional data, 302 compliance monitoring inspections were conducted in FY 07, 351 compliance monitoring inspections will be conducted by the end of FY 08, and a similar number of inspections will be conducted in FY 09 if funding levels are the same. Typical program activities for Lead include compliance inspections at facilities regulated under TSCA and, initiation of appropriate enforcement action waiver states or referral to EPA for case review and appropriate enforcement action when violations are detected. Based on the data inputted into the National Compliance Data Base (NCDB) system and regional data, 171 compliance monitoring inspections were conducted in FY 07 and a similar number of compliance monitoring inspections is anticipated in FY 08.
Uses and Use Restrictions
Grant funds are available for costs specifically incurred by States, tribes, and tribal consortiums in developing, enhancing and maintaining comprehensive compliance monitoring/enforcement programs under TSCA, including PCBs, asbestos, and lead-based paint.
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.
For those programs where inspections are conducted using EPA credentials, prior to conducting inspections under the Grant, the State/Tribe must have an authorization agreement and the inspectors must complete the minimum inspector training, including health and safety training, and conduct inspections according 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.
They must also have a signed authorization agreement with EPA.
In order to be eligible to apply for STAG TSCA Compliance Monitoring Agreements State Agencies and Indian Tribes should have toxic substance compliance responsibilities and have the authority to enter into these cooperative agreements.
For Lead, 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 STAG TSCA Compliance Monitoring Grants.
States, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, Indian Tribes and Intertribal Consortia, and any territory or possession of the United States.
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. Costs will be determined in accordance with OMB Circular No.A-87 for State and local governments.
Aplication and Award Process
Discussions or informal meetings with Regional program office concerning program preparation are advisable.
The standard application forms as furnished by the Federal agency and required by OMB Circular No.
A-102 must be used for this program.
This program is excluded from coverage under E.O.
Requests for application forms and completed applications should be submitted to the appropriate EPA Regional Office (see Appendix IV of the Catalog). Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. This program is excluded from coverage under OMB Circular No.A-110.
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). "Applicants may use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA."
Applications are due 60 days prior to the beginning of the budget period, normally August 1.
Toxic Substances Control Act (TSCA), as amended, Section 28, and 404(g) Public Law 102-550, 15 U.S.C. 2601 et seq.
Range of Approval/Disapproval Time
About 60 days.
Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Applicant must reapply.
Formula and Matching Requirements
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% of the total costs for activities conducted under Section 28 of TSCA (i.e., the PCB and Asbestos grants). There are no cost-sharing or matching fund requirements for lead-based paint enforcement grants under Section 404(g). There is no statutory formula aside from the required 25 percent contribution of the States for the PCB and asbestos grants.
Length and Time Phasing of Assistance
Cooperative Agreements 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.
Post Assistance Requirements
As required in the Annual Program Guidance for inclusion in the grant award, grantees must submit mid-year and year-end evaluations.
For inspections conducted using credentials issued by EPA to the state or tribal employee, the inspection report must be submitted to the regional office for review pursuant to the authorization agreements.
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.
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.
FY 07 $5,710,300; FY 08 $5,019,000; and FY 09 $5,099,000.
Range and Average of Financial Assistance
$18,900 to $236,000/year; $90,000/year.
Regulations, Guidelines, and Literature
EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR Part 31); Environmental Protection Agency, State and Local Assistance (40 CFR Part 35 Subpart A), October 12, 1982; "EPA Assistance Administration Manual," available from the National Technical Information Service, Springfield, VA 22161 on a subscription basis, Order No.: NTIS UB/031.
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
For PCB and asbestos program information: Phyllis Flaherty, Chief, National Compliance Monitoring Policy Branch, Compliance Assessment and Media Programs Division, Office of Enforcement and Compliance Assurance, (2223A), U.S. EPA, 1200 Pennsylvania Ave. N.W., Washington, DC 20460; Telephone: (202) 564-4131; Fax: (202)-564-0050; E-mail: Flaherty.Phyllis@epa.gov. For Lead-based paint program information: John Mason, Sector Analysis and Implementation Branch, Compliance Assistance and Sector Programs Division, Office of Enforcement and Compliance Assurance (2224A), EPA, 1200 Pennsylvania Ave. N.W., Washington, DC 20460; Telephone: (202) 564-7037; Fax: (202) 564-0009; E-mail: Mason.John@epa.gov.
Criteria for Selecting Proposals
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 State; (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 State regulatory program, number of inspections conducted by state 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."