Toxic Substances Compliance Monitoring Cooperative Agreements

1) To assist States, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Northern Marianas, the Trust Territories of the Pacific Islands, the Virgin Islands and Indian Tribes in developing and maintaining compliance monitoring programs to prevent or eliminate
unreasonable risks to health or the environment associated with chemical substances or mixtures within the States, specifically Asbestos, PCB, and Lead-based paint; 2) encourage regulatory activities within the States to establish their own programs for Lead-based paint and Asbestos (waiver programs); and 3) provide funds to support enforcement activities for Asbestos waiver state programs and Lead-based paint programs.

EPA may provide funding for cooperative compliance monitoring grants to States and Tribes under TSCA to conduct inspections to ensure compliance with the PCB regulations, the Asbestos-in-Schools requirements (inspections at charter schools, public schools, private, non-profit schools and religious schools), the Model Accreditation Plan (MAP), TSCA section 6 Ban and Phase Out Rule, and the TSCA Asbestos Worker Protection Standards and to conduct Lead-based paint activities.

Authorized States also conduct enforcement responses for the Lead-based program.

States that have obtained an EPA waiver from the Asbestos regulation (Subpart E of Part 763) also have enforcement responsibilities.



Funding priorities in FY 2016 for the TSCA PCB and Asbestos programs will be: 1) existing compliance monitoring programs to ensure they continue to meet established standards; 2) activities leading to waiver status for Asbestos programs; 3) activities as necessary for meeting training requirements necessary for obtaining and keeping EPA credentials in those programs which require the use of EPA credentials (the PCB compliance monitoring programs and Asbestos programs in non-waiver states); 4) new programs that provide inspection activity where there is an identified need including, but not limited to, Environmental Justice areas.

Funding priorities in FY 2016 for States with authorized Lead-based paint programs will focus on individuals and firms which conduct lead abatement and renovation and their continuance with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.

FY 2017 funding priorities for the TSCA PCB and Asbestos programs are: 1) ensure existing compliance monitoring programs continue to meet established standards; 2) promote activities that lead to waiver status for Asbestos programs; 3) ensure states meet EPA inspector training requirements necessary to obtain and keep EPA credentials in those programs which require the use of EPA credentials (the PCB compliance monitoring programs and Asbestos programs in non-waiver states); 4) provide inspection activity where there is an identified need including, but not limited to, Children's Health and Environmental Justice areas.

FY 2017 funding priorities for States with authorized Lead-based paint programs will focus on individuals and firms which conduct lead abatement and renovation and their continuance with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.



FY 2018 funding priorities for the TSCA PCB and Asbestos programs are: 1) ensure existing compliance monitoring programs continue to meet established standards; 2) promote activities that lead to waiver status for Asbestos programs; 3) ensure states meet EPA inspector training requirements necessary to obtain and keep EPA credentials in those programs which require the use of EPA credentials (the PCB compliance monitoring programs and Asbestos programs in non-waiver states); 4) provide inspection activity where there is an identified need including, but not limited to, Children's Health and Environmental Justice areas.

FY 2018 funding priorities for States with authorized Lead-based paint programs will focus on individuals and firms which conduct lead abatement and renovation and their continuance with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.
Examples of Funded Projects

Fiscal Year 2016: State agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program.

Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field.

The majority of the funds are used by the states to conduct compliance monitoring inspections.

Those states that are authorized to enforce the Lead-based paint program or are 'waiver' states under the AHERA program can use these funds to enforce the regulation, as appropriate.

Fiscal Year 2017: State agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program.

Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field.

The majority of the funds are used by the states to conduct compliance monitoring inspections.

Those states that are authorized to enforce the Lead-based paint program or are 'waiver' states under the AHERA program can use these funds to enforce the regulation, as appropriate.

Fiscal Year 2018: No Current Data Available


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.

For TSCA Compliance Monitoring program information: Elizabeth Vizard, Chief, Pesticides, Waste and Toxics Branch, Monitoring, Assistance and Media Programs Division, Office of Enforcement and Compliance Assurance, (2227A), U. S. EPA, 1200 Pennsylvania Ave.

NW., Washington, DC 20460; Telephone: (202) 564-5940; FAX: (202)-564-0050; e-mail: Vizard.Elizabeth@epa.gov.

For Lead-based paint program information: Shirley Fan, Pesticides, Waste and Toxics Branch, Monitoring, Assistance and Media Programs Division, Office of Enforcement and Compliance Assurance (2227A), U. S. EPA, 1200 Pennsylvania Ave.

NW., Washington, DC 20460; Telephone: (202) 564-2425; FAX: (202) 564-0050; e-mail: Fan.Shirley@epa.gov For PCBs and Asbestos (AHERA) program information: Everett Bishop, Pesticides, Waste and Toxics Branch, Monitoring, Assistance and Media Programs Division, Office of Enforcement and Compliance Assurance (2227A), U. S. EPA, 1200 Pennsylvania Ave.

NW., Washington, DC 20460; Telephone: (202) 564-7032; FAX: (202) 564-0050; e-mail: Bishop.Everett@epa.gov.



Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Labor, New York Department Of $ 132,000   2018-10-012021-09-30
Health, New Jersey Department Of $ 92,000   2018-10-012021-09-30
Health, New Jersey Department Of $ 132,000   2018-07-012021-06-30
Public Health, Illinois Department Of $ 240,000   2017-10-012020-09-30
Health, Rhode Island Department Of $ 146,000   2017-10-012020-09-30
Public Health, Connecticut Department Of $ 46,000   2018-10-012020-09-30
Department Of Labor Standards $ 49,000   2018-10-012020-09-30
Department Of Labor Standards $ 23,000   2018-10-012020-09-30
Labor, Oklahoma State Dept Of $ 200,000   2018-10-012019-09-30
Environmental Quality, Louisiana Department Of $ 144,194   2018-10-012019-09-30



Program Accomplishments

Fiscal Year 2016: Twenty-two Asbestos, nine PCB, and thirty-eight Lead grants were awarded to States in FY 2016. Agencies participating in the TSCA Compliance Monitoring grants program receive funds to support and enhance toxic substance compliance monitoring, assurance and enforcement activities. Typical program activities for the Asbestos grant program include compliance inspections at facilities regulated under the AHERA program plus preparation of inspection reports. For waiver states, work includes case preparation and taking enforcement action. Non-waiver states using EPA credentials submit their inspection reports to EPA for case review and appropriate enforcement action. In FY 2016, 1,093 compliance monitoring inspections were conducted. Typical program activities for the PCB grant program include compliance inspections at facilities regulated under the TSCA PCB program, and submission of inspection reports to EPA for review and enforcement action, if appropriate. In FY 2016, 346 inspections were conducted. Typical program activities for the Lead-based paint grant program include compliance inspections at facilities regulated under the TSCA Lead-based paint program plus initiation of appropriate enforcement action by authorized states or referral to EPA for case review and appropriate enforcement action when violations are detected. In FY 2016, 2,995 inspections were conducted. Fiscal Year 2017: It is anticipated the TSCA Compliance Monitoring grant program will receive a similar number of state grant requests in FY 2017 as were received in FY 2016. At the earliest, FY 2017 program information (end-of-year report) must be submitted 90 days after the close of the grant. Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

Grant funds are available for costs specifically incurred by States and Tribes to develop, enhance and maintain comprehensive compliance monitoring/enforcement programs under TSCA, specifically PCBs, Asbestos, and Lead-based paint.

Funded activities may include inspector training, inspection supplies, and laboratory costs, including personnel and equipment; reimbursement for salaries, travel, training, and per diem expenses for inspectors, analysts, and program managers; and other functions related to grant activities.

For those programs where inspections are conducted using EPA credentials, prior to conducting inspections under the Grant, the State/Tribe must have an authorization agreement and the inspectors must complete the minimum inspector training, including health and safety training, and conduct inspections pursuant to the September 2004 Guidance for Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA.

They must also have a signed authorization agreement with EPA.

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. 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: https://www.epa.gov/geospatial. Assistance agreement awards under this program may involve generating or using environmental data, such as, environmental sampling, field measurements, and/or laboratory analyses.

Further information on the 'POLICY TO ASSURE THE COMPETENCY OF ORGANIZATIONS GENERATING ENVIRONMENTAL MEASUREMENT DATA UNDER AGENCY-FUNDED ASSISTANCE AGREEMENTS' should refer to the following website: http://www.epa.gov/fem/pdfs/competency-policy-aaia-new.pdf.

Eligibility Requirements

Applicant Eligibility

For the PCB and Asbestos programs, States/Tribes should have toxic substance compliance responsibilities and be designated as the lead agency with the authority to enter into these cooperative agreements.

For the Lead-based paint program, state agencies, Indian tribes, and tribal consortiums that have toxic substance compliance responsibilities, who have the authority to enter into these cooperative agreements, and who have their own lead laws in place are eligible to apply for assistance under the TSCA Compliance Monitoring Grant.

Beneficiary Eligibility

For PCB, Asbestos and the Lead-based paint programs: States, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Northern Marianas, the Trust Territories of the Pacific Islands, the Virgin Islands and Indian Tribes.

Credentials/Documentation

The applicant must supply evidence of legal authority to conduct toxic substance compliance program activities contemplated under the grant and a workable program officially adopted for the agency. Costs will be determined in accordance with 2 CFR Part 200 5ubpart E. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

Discussions or informal meetings with Regional program offices concerning program preparation are advisable.

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 E.O.

12372.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as 'Information Contacts' or see Appendix IV of the Catalog. This program is subject to the provisions of 2 CFR 200 and 1500 as applicable. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through http://www.grants.gov.

Award Procedures

Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project. States will be notified of Federal Assistance awards through the Federal Assistance Awards Data System (FAADS). Applicants may use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Deadlines

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

Authorization

Toxic Substances Control Act (TSCA), Section 28&404(g), Public Law 102-550, 15 U.S.C 2601.

Range of Approval/Disapproval Time

Applications are due 60 days prior to the beginning of the next budget period .

Appeals

Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.

Renewals

Applicant must reapply.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. Matching Requirements: Under TSCA Section 28, no grant may exceed 75 percent of the establishment and operation costs of such a program during the period for which the grant is made. Thus, recipients must contribute 25% of the total costs for activities conducted under Section 28 of TSCA (i.e., the PCB and Asbestos grants). There are no cost-sharing or matching fund requirements for Lead-based Paint enforcement grants under Section 404(g). This program does not have MOE requirements.

Length and Time Phasing of Assistance

Cooperative Agreements are normally funded for a 12-month period. Payments will be on an advance letter of credit or reimbursement basis; recipients must request the initial advance payment on the form SF 270, Request for Advance or Reimbursement. See the following for information on how assistance is awarded/released: To be determined at the time of the award.

Post Assistance Requirements

Reports

As required in the annual National Program Guidance for inclusion in the grant award, grantees must submit mid-year and year-end evaluations.

For inspections conducted using credentials issued by EPA to the state or tribal employee, the inspection report must be submitted to the regional office for review pursuant to the authorization agreements.

Program reports are required.

No cash reports are required.

Progress reports are required.

Expenditure reports are to be included with the End-of-Year reports.

Performance monitoring is required under this program.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. 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

Financial records, including all documents to support entries on accounting records and to substantiate charges to each cooperative agreement, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of the submission of the annual financial status report or longer if questions still remain, such as those raised as a result of audit.

Financial Information

Account Identification

68-0103-0-1-304 - STAG.

Obigations

(Cooperative Agreements) FY 16 $4,874,000; FY 17 est $4,834,000; and FY 18 est $3,437,000 - FY 16: $4,874,000; FY 17: $4,834,000; FY 18: $3,437,000 (proposed).

Range and Average of Financial Assistance

For PCB and Asbestos: $21,000 to $299,000/year, $96,000/year average. For Lead: $46,000 per state/tribe.

Regulations, Guidelines, and Literature

EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (2 CFR Parts 200 and 1500); Environmental Protection Agency, State and Local Assistance (40 CFR Parts 35 Subpart A), October 12, 1982.

Information Contacts

Regional or Local Office

See Regional Agency Offices. For TSCA Compliance Monitoring program information: Elizabeth Vizard, Chief, Pesticides, Waste and Toxics Branch, Monitoring, Assistance and Media Programs Division, Office of Enforcement and Compliance Assurance, (2227A), U.S. EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; Telephone: (202) 564-5940; FAX: (202)-564-0050; e-mail: Vizard.Elizabeth@epa.gov. For Lead-based paint program information: Shirley Fan, Pesticides, Waste and Toxics Branch, Monitoring, Assistance and Media Programs Division, Office of Enforcement and Compliance Assurance (2227A), U.S. EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; Telephone: (202) 564-2425; FAX: (202) 564-0050; e-mail: Fan.Shirley@epa.gov For PCBs and Asbestos (AHERA) program information: Everett Bishop, Pesticides, Waste and Toxics Branch, Monitoring, Assistance and Media Programs Division, Office of Enforcement and Compliance Assurance (2227A), U.S. EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; Telephone: (202) 564-7032; FAX: (202) 564-0050; e-mail: Bishop.Everett@epa.gov.

Headquarters Office

Elizabeth Vizard 1200 Penn Ave, NW, Washington, District of Columbia 20460 Email: vizard.elizabeth@epa.gov Phone: 202-564-5940 Fax: 202-564-0050

Criteria for Selecting Proposals

Each application will be reviewed by the Environmental Protection Agency according to criteria including the following: (1) Need: The need for the development, improvement, and/or maintenance of a comprehensive compliance monitoring/enforcement program within the State; (2) Level of Activity: The amount of regulated chemicals and facilities, and the potential risk to human health and the environment; (3) Long-Term Impact: The potential of the cooperative agreement to have a long-term beneficial impact on human health and the environment resulting from the compliance program; and (4) Effectiveness of program: The past level and effectiveness of the State regulatory program, number of inspections conducted by the state and number of trained inspectors that have completed the minimum training set forth in the September 30, 2004 'Guidance for Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA.'.




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