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Catalog of Federal Domestic Assistance

Program Descriptions

CATALOG OF FEDERAL DOMESTIC ASSISTANCE

66.805:  Leaking Underground Storage Tank Trust Fund Program

Objectives:  To support State and Tribal corrective action and enforcement programs that address releases from underground storage tanks containing petroleum.

PROGRAM AND AWARD FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS INFORMATION CONTACTS
RELATED PROGRAMS ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS POST ASSISTANCE REQUIREMENTS


66.805 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  State governments that have demonstrated the capability to undertake effective corrective actions and enforcement activities and that have entered into a cooperative agreement with EPA describing the State's uses of the Fund. Indian tribes via S.8001 grants and Public Law 105-216 cooperative agreements must have sufficient underground storage tank population and interest in developing and implementing the leaking underground storage tank (LUST) program.

Beneficiary Eligibility:  General public and Indian Nations.

Credentials/Documentation:  Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.

66.805 APPLICATION AND AWARD PROCESS:

Preapplication Coordination:  Preapplication coordination with appropriate Regional office recommended for States and Tribes. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." A State applicant should consult the office or official designated as the single point of contact in the 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 Procedure:  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 OMB Circular No. A-110.

Award Procedure:  A cooperative agreement must be signed between EPA and the State or the EPA and the Indian Nation.

Deadlines:  None.

Range of Approval/Disapproval Time:  From 3 to 4 months.

Appeals:  As described in 40 CFR Part 31 Subpart F.

Renewals:  A renewal or extension of funds is possible.

Criteria for Selecting Proposals:  A State must demonstrate the capability to carry out an effective program of enforcement and corrective action for UST controlling petroleum. Tribes must have sufficient underground storage tank (UST) population and interest in developing and implementing the leaking UST program.

Examples of Funded Projects:  Provide funding for State staff to review site characterization reports, corrective action plans, and conduct enforcement. Provide funding to Indian Nations to help develop and implement the LUST program.

Range and Average of Financial Assistance:  Anticipated: $50,000 to $4,300,000; $1,500,000.

66.805 RELATED PROGRAMS:

  • 66.804 State and Tribal Underground Storage Tanks Program.

66.805 PROGRAM ACCOMPLISHMENTS:

As of June 1999, 50 States and six territories have cooperative agreements to conduct cleanups and provide oversight of responsible party cleanups and Indian Nations received funding to help develop and implement leaking underground storage tanks (LUST) programs.

66.805 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTION AGENCY

Type of Assistance:  Project Grants (Cooperative Agreements).

Obligations:  (Cooperative Agreements) FY 99 $58,990,000; FY 00 est $58,466,800; and FY 01 est $58,050,000.

Budget Account Number:  20-8153-0-7-304.

Authorization:  Solid Waste Disposal Act, Section 9003(h)(7), as amended; Resource Conservation and Recovery Act of 1976, Section 8001(a); Public Law 94-580, as amended; Superfund Amendments and Reauthorization Act of 1986, as amended, Public Law 99-499, 42 U.S.C. 6901 et seq.; Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1999, Public Law 105-216.

Regulations, Guidelines, and Literature:  Guide: Leaking Underground Storage Tanks Trust Fund. Cooperative Agreement Guidelines.

66.805 INFO CONTACTS:

Regional or Local Office:  See Appendix IV Of the Catalog for list of Underground Storage Tank Regional Program Manager addresses.

Headquarters Office:  Lynn DePont, Implementation Division, Office of Underground Storage Tanks, EPA, 1200 Pennsylvania Ave., NW., (5401G), Washington, DC 20460. Phone: (703) 603-7148. Internet address: depont.lynn@epamail.epa.gov.

(See Appendix IV for more contact info.)

66.805 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  A 10 percent State cost share is required for Section 9003(h)(7).

Length and Time Phasing of Assistance:  The cooperative agreement will place a time restriction on funds.

Uses and Use Restrictions:  Program funds are to be used to provide resources for the oversight and cleanup of petroleum releases from underground storage tanks (USTs). States that have entered into cooperative agreements with EPA have the authority to respond to petroleum releases from USTs using Leaking Underground Storage Tanks (LUST) Trust funds where owners and operators are unknown, unwilling or unable to take corrective actions themselves. States may also oversee responsible party cleanups. When the Trust Fund is used, tank owners/operators are liable to the State for costs incurred and are subject to cost recovery actions. Trust funds provide expertise and assistance to the Regions, States, and tribal governments in developing and implementing corrective action programs.

66.805 POST ASSISTANCE REQUIREMENTS:

Reports:  Semi-annually interim and final progress and expenditure reports; program evaluations and other reports as required by the specific terms of the Agreement.

Audits:  Grants are subject to inspections and audit by representatives of the Comptroller General of the United States and EPA or by authorized representative. Periodic audits should be made as part of the recipient's systems of financial management and internal control to meet terms and conditions of grants and other agreements. In accordance with the provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that receive financial assistance of $300,000 or more within the entity's fiscal year shall have an audit made in accordance with Circular No. A-128, or in accordance with Federal Laws and regulations governing the programs in which they participate. The Office of Management and Budget (OMB) Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," was published in the Federal Register on June 30, 1997. The Circular implements the Single Audit Act amendments of 1996. The Circular requires nonfederal entities that expend more than $300,000 in Federal award dollars, to have an audit conducted in accordance with the Circular's provisions. With the revised Circular, the previous OMB Circular No. A-128 for single audits of State and local governments was rescinded and the single audit requirements for these entities were incorporated among the provisions of OMB Circular No. A-133.

Records:  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.

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Last Updated, November, 2000             Comments or Questions?           ©Grant Community.com 2000, All Rights Reserved