State and Tribal Underground Storage Tanks Program

To assist States, Territories, Federally-recognized Indian Tribes and Intertribal Consortia that meet the requirements at 40 CFR 35.504, in the development and implementation of underground storage tank (UST) programs and for leak prevention, compliance and other activities authorized by the Energy Policy
Act (EPAct) of 2005 and EPA's annual appropriations acts.

Funding Priority - Fiscal Year 2008: High priority tasks include providing financial assistance: (1) to states and Tribes in implementing the UST program; (2) to states to help them meet their new responsibilities authorized under the Energy Policy Act (EPAct) (e.g., conducting more frequent inspections, prohibiting delivery to noncompliant tanks, and requiring either secondary containment for tank systems or financial responsibility for manufacturers and installers); (3) to Tribes to conduct on-site inspections in Indian Country every three years in accordance with EPAct requirements; (4) to states and Tribes to encourage owners and operators to properly operate and maintain their USTs; (5) to states and Tribes to ensure owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations; and (6) to states to develop State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program.

LUST prevention funds may be used by States for inspections and other release prevention and compliance assurance activities for federally-regulated underground storage tanks (USTs), as well as for enforcement activities related to release prevention.

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 cooperative agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTs.

The Agency provides financial assistance to Tribes to develop and implement programs to manage USTs.

Related Programs

Examples of Funded Projects

State and/or Tribal Governments' Grants funded projects include functions necessary for the development and/or implementation of a State or Indian underground storage tank (UST) program.

Those functions that may be accepted for funding include 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 2007 were: (1) Corrosion testing and training for field inspectors; (2) Red Tag Enforcement Tools for states to obtain UST compliance from owners/operators; (3) Web-based training for UST owners/operators; (4) Photograph records of USTs in large states, such as Montana; and (5) Third-party inspection programs to more efficiently conduct compliance inspections at UST facilities.

These grants may also be used for EPA to help states, who request it, to obtain SEE enrollees through a SEE grant to work on the state's underground storage tanks (UST) and to support direct UST implementation programs.

This is a new authority for use of LUST funds for prevention.

Specific examples of funded projects will be: inspections, enforcement, development of regulations and other program infrastructure.


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 - For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see http://www.epa.gov/OUST/regions/index.htm).


Program Accomplishments

For FY 2007, 49 states, six territories and approximately 10 Indian Tribes submitted assistance agreement applications and were awarded assistance agreements. In FY 07, results achieved were measured by the annual percent increase (+1 percent) of UST facilities that were in significant operational compliance with both release detection and release prevention (spill, overflow, and corrosion protection requirements). At the end of FY 2007, EPA did meet its goal of a one percent increase of UST facilities in operational compliance with both release detection and release prevention (spill, overfill, and corrosion protection) requirements. In FY 2007, EPA met and exceeded its goal of reducing the number of confirmed UST releases nationally to less than 10,000. FY 2008 is the first year LUST funds are available for release prevention purposes.

Uses and Use Restrictions

States and Tribes may use financial assistance under this program for eligible and allowable costs incurred under cooperative agreements for leak prevention, as described in the Section 54 Funding Priority.

Unlike State and Tribal Assistance Grant 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 grants authorized by Section 2007(f) with LUST prevention cooperative agreements authorized by Subtitle I if the combined agreement is not included in a PPG.

Grants 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.

Funds awarded under this program may be used by states and Tribes for the following types of activities: (1) Encouraging owners and operators to properly operate and maintain their USTs.

(2) Ensuring owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations.

(3) Developing State programs with sufficient authority and enforcement capabilities to operate in lieu of the Federal program.

(4) Conducting more frequent inspections (including those in Indian Country).

(5) Prohibiting delivery to noncompliance tanks.

(6) Requiring either secondary containment for new tank systems or financial responsibility for manufacturers and installers.

These grants may also be used for EPA to help States, who request it, and for the Agency, to obtain SEE enrollees through a SEE grant to work on the State's underground storage tanks and to support direct UST implementation 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.

"Geospatial Information" includes: information that identifies the geographic location and characteristics of natural or constructed features or boundaries on the Earth, or applications, tools, and hardware associated with the generation, maintenance, or distribution of such information.

This information may be derived from, among other things, GPS, remote sensing, mapping, charting, and surveying technologies, or statistical data.



Eligibility Requirements

Applicant Eligibility

LUST Prevention cooperative agreements are only available to States and Territories.

Additionally, these cooperative agreements are only available 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." UST grants authorized by Section 2007(f) of the SWDA are only available to States and Territories, as well as federally-recognized Tribes and Intertribal Consortia that meet the requirements at 40 CFR 35.504.

These grants may also be used for EPA to help States, who request it, to obtain SEE enrollees through a SEE grant to work on the State's underground storage tanks 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 Energy Policy Act provisions, or submit documentation describing the State or Territory's efforts to meet the requirements, in accordance with EPA's Energy Policy Act grant guidelines (http://www.epa.gov/oust/fedlaws/epact_05.htm). The EPA Regional Offices maintain the credentials/documentation for State and Territorial programs and federally-recognized Tribes and Intertribal Consortia.

Aplication and Award Process

Preapplication Coordination

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.

Tribes and Intertribal Consortia are not required to follow intergovernmental review procedures.

Application Procedures

States and Tribes apply for funds through EPA regional offices. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. EPA may award combined or separate cooperative agreements/grants for leak prevention.

Award Procedures

These funds are awarded non-competitively. Applications will be subjected to administrative evaluation to determine the adequacy of 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. A cooperative agreement or grant must be signed between EPA and the State or Territory or EPA and the Tribe or Intertribal Consortia. EPA awards the cooperative agreement or grant 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

Proposals generally must be received prior to May 15 for funding in the applicable fiscal year.

Authorization

Solid Waste Disposal Act (SWDA) of 1976, as amended; Superfund Reauthorization Amendments of 1986, Subtitle I, Section 2007(f); Section 9011 and other applicable provisions of Subtitle I of the SWDA as amended for States and Territories Energy Policy Act of 2005; 42 U.S.C. 6916(f)(2); Energy Policy Act of 2005, Title XV, Ethanol And Motor Fuels, Subtitle B, Sections 1521 - 1533, Public Law 109-58, 42 U.S.C. 15801; Public Law 105-276.

Range of Approval/Disapproval Time

Generally, from 3 to 4 months.

Appeals

Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

Contact the appropriate Regional Office. See http://www.epa.gov/OUST/regions/index.htm.

Assistance Considerations

Formula and Matching Requirements

The UST Solid Waste Disposal Act 2007(f) grant 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. There is no matching (cost share) requirement for grants to Tribes or Intertribal Consortia under Public Law 105-276. Under 40 CFR 35,332 and 40 CFR 35.732, EPA regions allocate funds to states and tribes based on their programmatic needs and applicable EPA guidance. Factors include the number of active federally regulated underground storage tanks. Each fiscal year through FY 2006 states generally received approximately $187,000 each and the territories received approximately $80,000 each. Tribes receive lower amounts based on need and the number of 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 USTs in a State and other indicators of State needs. States will provide a 25 percent match (cost share) for cooperative agreements awarded under Section 9011 and other applicable provisions of Subtitle I. If EPA awards a State a combined UST grant and a LUST prevention cooperative agreement, the 25 percent cost share will apply to total project costs for the combined agreement. There is no matching requirement (cost share) for LUST prevention cooperative agreements for Tribes or Intertribal Consortia awarded pursuant to annual appropriation acts.

Length and Time Phasing of Assistance

The terms of the grant shall be determined at the time of the grant award by the specific EPA Regional Office. Grants are generally awarded on either single-year or two-year basis.

Post Assistance Requirements

Reports

Reporting requirements are identified at 40 CFR Parts 30 and 31.

EPA Regional Offices may include additional information regarding the content and frequency of reporting requirements in the terms and conditions of the agreements.

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 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.

Records

The record retention requirements of 40 CFR Part 31 (governmental units) 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.

Financial Information

Account Identification

68-0103-0-1-304; 20-8153-0-7-304.

Obigations

FY 07 $30,717,000; FY 08 est. $2,500,000; and FY 09 est. $22,800,000. LUST Prevention: FY 08 est. $31,000,000.

Range and Average of Financial Assistance

Range for States and Territories: For Fiscal Year 07, Core Funding Range: States received approximately $288,000 and Territories received approximately $123,000; Energy Policy Act Funding Range: between $304,000 and $1,555,000. In FY 2007, there was no average for the Energy Policy Act funding as it was based on states' general needs. For all Fiscal Years, Range for Tribes and Intertribal Consortia: between $20,000 and $150,000; Average: $62,000. In FY 2008, STAG financial assistance is based on states' needs. LUST Prevention: FY 08 is the first year for the LUST prevention funding, Range for States and Territories: (1) Core Funding: $123,000 to $288,000; Average: $288,000/Fiscal Year 08; (2) Energy Policy Act Funding: $76,000 to $1,776,000. In FY 2008, there is no average for the Energy Policy Act funding as it is based on states' general needs. For FY08, Range for Tribes and Intertribal Consortia: $3,000 - $440,000; Average: $144,000.

Regulations, Guidelines, and Literature

General Grant Regulations and Procedures (40 CFR Parts 30 or 31, 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 OMB Circular No. A-87 (2 CFR Part 225) for State and local governments and Indian Tribes and OMB Circular A-122 (2 CFR Part 230) for Intertribal Consortia that follow the assistance regulations for nonprofit organizations. Contact Regional UST Program Manager for documents.

Information Contacts

Regional or Local Office

For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see http://www.epa.gov/OUST/regions/index.htm).

Headquarters Office

http://www.epa.gov/OUST/oustcont.htm; Fax: (703) 603-0175; E-mail: depont.lynn@epa.gov.

Criteria for Selecting Proposals

This program allocates funding to States and Tribes non-competitively under the allocation system referenced in Section 101. This program allocates funding to tribes non-competitively based on need and the number of federally regulated underground storage tank systems. 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, http://www.epa.gov/swerust1/fedlaws/publ_109-058.pdf).



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