Disaster Relief Appropriations Act (DRAA) Hurricane Sandy Leaking Underground Storage Tank Trust Fun

To support New Jersey and New York for leaking underground storage tanks activities related to the consequences of Hurricane Sandy.

These state LUST programs aim to restore and protect groundwater resources and create a safe environment for those who live or work around these sites.

Petroleum
releases can contain contaminants like MTBE and other contaminants of concern that can make water unsafe or unpleasant to drink.

Releases can also result in fire and explosion hazards, as well as produce long-term health effects.



Funding Priority - Fiscal Year 2013: Assistance agreements to New Jersey and New York, states affected by the consequences of Hurricane Sandy.

Sandy Relief funding is to be used to identify releases of petroleum from underground storage tanks caused or exacerbated by the effects of Hurricane Sandy, and these two states will take appropriate corrective actions as necessary to achieve state specific cleanup requirements.

The states may use expedited site assessment methods to verify releases and collect data to determine the need for additional assessment work, or site remediation.

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 - See Regional Agency Offices.

Dennis McChesney, Team Leader, Regional Program Manager; Phone: (212) 637-4232; e-mail: mcchesney.dennis@epa.gov; US EPA, Region 2, RCRA Compliance Branch, 290 Broadway, Mail Code: 2DECA-RCB, New York, NY 10007-1866.


Program Accomplishments

Not Applicable.

Uses and Use Restrictions

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.

Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the government.

Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009.

States may use financial assistance under this program for eligible and allowable costs incurred under cooperative agreements for corrective action, as described in Section: 54 Funding Priority and Section: 180 Criteria for Selecting Proposals.

This financial assistance program is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133.

The Sandy Recovery Improvement Act neither expands nor limits eligible uses of LUST funds under section 9003(h)(7), except that uses must be related to the consequences of Hurricane Sandy.

The applicable provisions in OSWER Directive 9650.10A, "LUST Trust Fund Cooperative Agreement Guidelines" apply to states receiving funds under this program.

See http://www.epa.gov/swerust1/directiv/d965010a.htm.



LUST Trust Funds for corrective action will not be used to implement any provision of the Energy Policy Act (EPAct) of 2005, Title XV, Subtitle B, that is not also a leaking underground storage tank activity authorized by Section 205 of the Superfund Amendments and Reauthorization Act.

Eligibility Requirements

Applicant Eligibility

New Jersey and New York, states impacted by the consequences of Hurricane Sandy.

Beneficiary Eligibility

New Jersey and New York, and the communities and industries affected by leaks from underground storage tanks affected by the consequences of Hurricane Sandy.

Credentials/Documentation

Even though the LUST corrective action assistance agreements are only used for traditional cleanup activities under Section 9003(h) and, in this instance for those states affected by the consequences of Hurricane Sandy, New Jersey and New York must either submit certification indicating the State meets the applicable Energy Policy Act provisions, or submit documentation describing the State"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). For the Sandy Relief LUST cooperative agreements, the EPA Region 2 Office maintains the credentials/documentation for these two State programs. Costs will be determined in accordance with OMB Circular No. A-87 (2 CFR Part 225) for State and local governments. OMB Circular No. A-87 applies to this program.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is required.

Environmental impact information is not required for this program.

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

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. New Jersey and New York apply for funds through EPA"s Region 2 office under this CFDA.

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 must be signed between EPA and the State. EPA awards the cooperative agreement to states through a previously established allocation process, issued under national guidance rather than through competition. See EPA Order 5700.5, Section 6(c)(1).

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

Solid Waste Disposal Act of 1976, Section 9003(h); Disaster Relief Appropriations Act, 2013, Public Law 113-2.

Range of Approval/Disapproval Time

Generally three to four months.

Appeals

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

Renewals

Unlike assistance agreements funded with EPA"s annual no year LUST appropriations, Sandy Relief funds must be expended by New Jersey and New York within four years of the Agency"s obligation, per the May 2013 Office of Management and Budget"s approval to EPA"s LUST Program Waiver Request for a two-year extension.

Assistance Considerations

Formula and Matching Requirements

Statutory Formula: Title Solid Waste Disposal Act. LUST corrective action funding awarded under section 9003(h)(7) of the Solid Waste Disposal Act is subject to an allocation process developed by the Agency. While EPA uses a formula based allocation process for its annual awards, this is special funding dedicated to consequences of Hurricane Sandy. The funds will be distributed equally to New Jersey and New York.
Matching Requirements: There is a required 10 percent state cost share under section 9003(h)(7). This requirement is statutory and cannot be waived. The manner in which states provide their cost share is to be negotiated with the Region and must be in compliance with the grant requirements of 40 CFR Part 31.24. Acceptable methods for cost sharing include: contributions, e.g., staff and equipment; and direct, non-federal funds expended or obligated by the state, or a political subdivision of the state, for cost-allowable activities.
MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Unlike assistance agreements funded with EPA"s annual no year LUST appropriations, Sandy Relief funds must be expended by New Jersey and New York within four years of the Agency"s obligation, per the May 2013 Office of Management and Budget"s approval to EPA"s LUST Program Waiver Request for a two-year extension.

However, in the spirit of expeditiously cleaning up LUST sites impacted by the consequences of Hurricane Sandy, New Jersey and New York will strive to expend awarded funds as quickly as possible and appropriate. See the following for information on how assistance is awarded/released: Sandy Relief LUST Trust Fund Corrective Action assistance agreements are awarded to New Jersey and New York, states affected by the consequences of Hurricane Sandy. Financial assistance is awarded in a lump sum. States use the Automated Standard Application for Payment System to request cash drawdowns based on a projected cash requirement.

Post Assistance Requirements

Reports

Recipients provide performance and financial reports as authorized by 40 CFR 31.40 and 31.41.

For the Sandy Relief LUST assistance agreements, New Jersey and New York will report program performance results semi-annually in the web-based LUST4 database.

No cash reports are required.

Progress reports are required.

New Jersey and New York will submit to EPA/Region 2 quarterly expenditure reports of their outlays and expenditures.

Performance monitoring is required.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will 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 Circular No. A-133. 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

States must maintain accurate records in a readily accessible manner and/or location documenting their expenditures of Sandy Relief funds in compliance with 40 CFR 31.42. When LUST Sandy Relief funds are used for direct site work, states must maintain records on a site-specific basis. LUST Sandy Relief funds must be tracked separately from other LUST or state funds.

Financial Information

Account Identification

68-8153-0-7-304.

Obigations

(Formula Grants) FY 12 $0; FY 13 est $4,750,000; and FY 14 est $0 - For FY 2013, a total of $4,750,000 (post Sequestration) will be made available to New Jersey and New York in FY 2013. The funds will be distributed equally to New Jersey and New York; each state must separately track and account for the use of these supplemental funds. This amount is designated as an emergency requirement pursuant to PL 113-2.

There are no funds planned for FY 2014 as the Hurricane Sandy Supplemental Relief funds are limited to a one-time only occurrence.

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines, and Literature

The regulations governing the award and administration of the Sandy Relief Leaking Underground Storage Tanks cooperative agreements are the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" set forth at 40 CFR Part 31 (http://www.gpo.gov/fdsys/pkg/CFR-2000-title40-vol1/content-detail.html).

Guidelines: Leaking Underground Storage Tanks Trust Fund. Cooperative Agreement Guidelines. Energy Policy Act of 2005 Grant Guidelines, http://www.epa.gov/swerust1/fedlaws/epact_05.htm. Guidance To Region 2 For Implementing The LUST Provision Of The Sandy Recovery Improvement Act of 2013 will be finalized and published soon.

Costs will be determined in accordance with OMB Circular No. A-87 (2 CFR Part 225) for State and local governments. Contact Region 2 LUST Program Manager for documents.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Dennis McChesney, Team Leader, Regional Program Manager; Phone: (212) 637-4232; e-mail: mcchesney.dennis@epa.gov; US EPA, Region 2, RCRA Compliance Branch, 290 Broadway, Mail Code: 2DECA-RCB, New York, NY 10007-1866.

Headquarters Office

Lynn DePont USEPA Headquarters
1200 Pennsylvania Avenue, N. W.
Mail Code: 5401P, Washington, District of Columbia 20460 Email: depont.lynn@epa.gov Phone: 703-603-7148

Criteria for Selecting Proposals

These LUST Sandy Relief assistance agreements are formula grants and are exempt from competition.



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