Superfund State, Political Subdivision, and Indian Tribe Site_Specific Cooperative Agreements
Published on AidPage by
IDILOGIC on Jun 24, 2005
Purpose of this program:
To (1) Conduct site characterization activities at potential confirmed hazardous waste sites; (2) undertake remedial planning and remedial implementation actions at sites on the National Priorities List (NPL) to clean up the hazardous waste sites that are found to pose hazards to human health; and (3) effectively implement the statutory requirements of CERCLA 121 (f) which mandates substantial and meaningful State involvement. Funding Priority: Funding may be used at specific sites to (a) Conduct non-time critical removal actions; (b) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations feasibility studies and remedial design activities at potential or confirmed hazardous waste sites; (c) conduct remedial actions (i.e., clean up) at uncontrolled hazardous waste sites as listed on the National Priorities List (40 CFR 300); (d) support CERCLA implementation activities; and (e) identify Potentially Responsible Parties (PRPs), conduct settlement negotiations, take enforcement actions against PRPs, and oversee PRP cleanups.
Possible uses and use restrictions...
The Fund may be used to (a) Conduct non-time critical removal actions; (b) perform site characterization activities such as preliminary assessments, site inspections, remedial investigations and conduct, feasibility studies and remedial design activities at potential or confirmed hazardous waste sites; (c) conduct remedial actions (i.e., clean up) at uncontrolled hazardous waste sites as listed on the National Priorities List (40 CFR 300); (d) support CERCLA implementation activities; and (e) identify Potentially Responsible Parties (PRPs), conduct settlement negotiations, take enforcement actions against PRPs, and oversee PRPcleanups.
Who is eligible to apply...
States (and political subdivisions thereof), Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments or Tribal Consortia.
Credentials/Documentation
Costs will be determined in accordance with 40 CFR 35, Subpart O and OMB Circular No. A-87 for State and local governments and other supporting documentation provided by the Agency.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
must satisfy.
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Application Procedure:
Application forms (Standard Form-424) and completed applications should be requested from and submitted to the appropriate EPA Regional Office identified in Additional Contact Information - FMR Help. Detailed information and assistance, including an application kit, required forms, and a check list, may also be found at http://www.epa.gov/ogd/AppKit/. For competitive awards, Requests for Initial Proposals or Requests for Applications will specify application procedures.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Award Procedure:
For competitive awards, EPA will review applications or proposals in accordance with the criteria specified in the Request for Applications or Request for Initial Proposals. Competitions will be conducted under EPA Order No. 5700.5, Policy for Competition in Assistance Agreements (09/12/02). For non-competitive awards, EPA will conduct an administrative evaluation to determine the adequacy of the application in relation to grant regulations and technical and program evaluation to determine the merit and relevance of the project. The Agency will then advise the applicant if funding is being considered. A final work plan will then be negotiated with the applicant. Final approval of application and supporting documentation and offer of award is made by the EPA Regional Administrator unless redelegated to the Regional DivisionDirector.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Deadlines
None.
Note:
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Approximately ninety (90) days.
Preapplication Coordination
The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program. Consultation and preapplication conference are recommended. 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 forreview.
Note:
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
Appeals
As described in 40 CFR Part 31, Subpart F.
Note:
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
Renewals
Extensions are available but not guaranteed. The original cooperative agreement is amended by using EPA Form 424 and submitting it to the RegionalAdministrator.
Note:
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
Anyone/General Public. States (and political subdivisions thereof),Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments.
Beneficiaries
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Project Grants
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
How much financial aid...
Range and Average of Financial Assistance
$30,000 to $1,000,000; est$500,000.
Note:
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
Obligations
FY 02 $117,000,000; FY 03 est $110,000,000; and FY 04 est $110,000,000.
Note:
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification
20-8145-0-7-304.
Note:
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
Preliminary Assessments/Site Inspections, Remedial Investigation, Feasibility Study, Remedial Design, Remedial Action (i.e., clean up), PRP searches, RI/Fs negotiations; RD/RA Negotiations, PRP oversight, Non-Time Critical Removal Actions.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Program accomplishments...
In fiscal year 2001, all 10 EPA Regional Offices awarded cooperative agreements to States.
Criteria for selecting proposals...
For remedial planning and implementation, site must appear on the National Priorities List of the National Oil and Hazardous Substances Contingency Plan (NCP) (40 CFR 300). Each project is examined and selected on a case-by-case basis based upon site ranking, availability of matching funds from the State, availability of Trust funds, receipt of application and other criteria as determined byEPA.
Assistance considerations...
Length and Time Phasing of Assistance
Funds awarded for duration of project, subject to time constraints imposed by EPA. Money is released on a draw-down or a letter of credit basis.
Formula and Matching Requirements
None required for pre-NPL activities at any site or for remedial planning if site was privately owned and operated at the time of disposal of hazardous wastes. Matching Requirements: 10 percent State, 90 percent Federal, for remedial action if site is privately owned and operated at the time of disposal of hazardous wastes. Minimum 50 percent State, 50 percent Federal, of all response costs if site was State/locally operated at time of any disposal of hazardous waste (Note percentage may vary). Tribal governments are not required, as States are, to share in the costs of Superfundactions.
Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
Reports
Quarterly progress reports, notification of significant developments, property inventory reports, procurement reports, and financial reports are required pursuant to 40 CFR 35, Subpart O.
Note:
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
Audits
In accordance with the provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more within the State's fiscal year shall have an audit made for that year. 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.
Note:
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Records
The record retention requirements of 40 CFR Part 31 and Part 35, Subpart O are applicable. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants available to personnel authorized to examine EPA recipients grants and cooperative agreements records. All records must be maintained until expiration of three years from the date of submission of the final expenditure report. If questions remain, such as those raised as a result of an audit, following the 3-year period, recipients must retain records until thematter is completely resolved.
Note:
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Regulations...
Authorization
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, Section 104(d), Public Law 96-510; Superfund Amendments and Reauthorization Act of 1986, as amended, Public Law 99-499, 42 U.S.C. 9601 et seq.
Note:
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
40 CFR 30, 40 CFR 31, 40 CFR 35, Subpart O, 25 CFR 20, Program Guidance Documents.