In fiscal years 2007 and 2008, States continued to develop and implement programs providing cradle to grave control of hazardous wastes (under Section 3011).

Uses and Use Restrictions

Under Section 3011, funds may be used for development and implementation of authorized State hazardous waste programs.

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Eligibility Requirements

Applicant Eligibility

State agencies responsible for hazardous waste management within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and interstate agencies established by the appropriate states and approved by the EPA Administrator under Section 1005 of the Solid Waste Disposal Act are eligible.

For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to a particular subset of eligible applicants consistent with the Agency's competition policy.

Beneficiary Eligibility

State agencies responsible for hazardous waste management within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and interstate agencies established by the appropriate states and approved by the EPA Administrator under Section 1005 of the Solid Waste Disposal Act.

Credentials/Documentation

Costs will be determined in accordance with OMB Circular No. A 87 for State and local governments. State work plan is to be sent to the appropriate EPA Regional Office by the date 60 days before the beginning of the budget period (typically by August 1 of each year, if the budget period is the Federal fiscal year).

Aplication and Award Process

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.

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

Requests for application forms and completed applications must be submitted to the appropriate EPA Regional Grants Administration Office. The hazardous waste management staff of the appropriate EPA Regional Office (listed in the address appendix of the Catalog) is available to assist in preparation of the application. This program is excluded from coverage under OMB Circular No. A 110. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedures

EPA reviews each application. They shall be subjected to administrative evaluation to determine adequacy of application in relation to grant regulations and to technical and program evaluation to determine the merit and relevancy of the project or program. For competitive awards, EPA will review applications, proposals or submissions in accordance with the terms, conditions, and criteria in the solicitation/announcement of the competitive funding opportunity. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

Deadlines

For States, application with approvable work program should be submitted by the date 60 days before the beginning of the budget period (usually by August 1) for grants to be awarded the following budget year. (Applicant may choose budget period, e.g., State or Federal fiscal year, subject to Regional Administrator's approval).

Authorization

Solid Waste Disposal Act, Sections 3011 (a) and (c); Public Law 94-580; 42 U.S.C. 6901 et seq.

Range of Approval/Disapproval Time

For applicants under Section 3011, 60 days.

Appeals

As described in 40 CFR Part 31, Subpart F. Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

For applicants under Section 3011, grants and cooperative agreements are renewed annually, provided all requirements are met.

Assistance Considerations

Formula and Matching Requirements

This program operates under a formula. Statistical factors used for allocation include: (1) State population, as determined by the most recent Census; (2) number of hazardous waste management facilities in States, based on studies conducted by EPA, Office Of Solid Waste; (3) number of Large Quantity Generators (LQGs), based on studies conducted by EPA, Office of Solid Waste; and (4) the number of facilities requiring corrective action, based on studies conducted by EPA, Office of Solid Waste. By law, all States and trust territories are eligible for funding. The formula is based on each State's population (17 percent); (LQG) number of facilities proceeding amount of waste produced (16 percent); number of hazardous waste management facilities (52 percent); and the number of facilities requiring corrective action (15 percent). Matching Requirement: Maximum Federal share of approved costs is 75 percent; State must provide at least 25 percent of approved costs. (Regional Administrators will determine each State allotment.)

Length and Time Phasing of Assistance

Grants are normally funded on a 12 month basis (Federal or State fiscal year). The total project period varies according to program requirements. Assistance is awarded by advance payment method.

Post Assistance Requirements

Reports

Interim and final progress reports, expenditures and equipment reports.

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

Financial reports, including all documents to support entries on the accounting records and to substantiate charges to each grant or cooperative agreement must be kept available to personnel authorized to examine EPA grant accounts in an institution. All records must be maintained for 3 years from the date of the submission of the annual financial status 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

68-0108-0-1-304.

Obigations

FY 07 $101,944,000; FY 08 $101,429,000; and FY 09 $103,036,000.

Range and Average of Financial Assistance

Most fiscal years range $250,000 to $8,500,000; average: $1,960,000.

Regulations, Guidelines, and Literature

General Grant Regulations and Procedures, Environmental Protection Agency, 40 CFR Part 31; State and Local Assistance, EPA, 40 CFR Part 35; "EPA Assistance Administration Manual," available from the National Technical Information Service, Springfield, VA 22161 on a subscription basis.

Information Contacts

Regional or Local Office

State agencies are encouraged to communicate with the appropriate EPA Regional Administrator listed in Appendix IV of the Catalog.

Headquarters Office

For information concerning preapplication coordination and application procedures, contact Grants and Interagency Agreements Management Division (3903R), Environmental Protection Agency, Washington, DC 20460. For State program information on Section 3011 of RCRA, contact Wayne Roepe, Office of Solid Waste, (5303W), EPA, Washington, DC 20460. Telephone: (703) 308-8630, Fax: (703) 308-8609, E-mail: roepe.wayne@epa.gov.

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.