CATALOG OF FEDERAL DOMESTIC ASSISTANCE
CATALOG OF FEDERAL DOMESTIC ASSISTANCEObjectives: To assist State, Tribal, Municipal, Intermunicipal, and Interstate agencies in planning, developing, establishing, improving, and maintaining adequate programs for prevention and control of air pollution or implementation of national primary and secondary air quality standards.
Applicant Eligibility: Any Municipal, Intermunicipal, State, Federally Recognized Indian Tribe, or Interstate or Intertribal agency with legal responsibility for appropriate air pollution planning, development and establishment of air pollution control activities and operation of activities for grant support provided such organization furnishes funds for the current year that are equal to or in excess of its expenditures for the previous year for its air pollution program. The determination of expenditures is subject to decisions based on provisions of the Clean Air Act and applicable grant regulations. This program is available to each State, territory and possession of the U.S., including DC.
Beneficiary Eligibility: Municipalities, Intermunicipalities, States, Federally Recognized Indian Tribes, and Interstate and Intertribal agencies.
Credentials/Documentation: The application must supply evidence of legal authority for air pollution control; evidence of the availability of nonfederal matching funds; evidence that the Governor or his designated State agency has been given the opportunity to comment on the relationship of the program to be funded to the State plan; and a workable program officially adopted for the agency. Principles for determining allowable costs are set forth in applicable Federal management circulars described in the general grant regulations and procedures 40 CFR Part 30 of the Federal Regulations. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Preapplication Coordination: Discussion with the applicable EPA Regional Office is advised for air program grant applications. The standard application forms as furnished by the Environmental Protection Agency and required by OMB Circular No. A-102 must be used for this program. Applications are subject to the State's review. 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 Procedure: Requests for application forms and completed applications must be submitted to the appropriate EPA Regional Grants Administration Branch. Application must meet the requirements of the grant regulations and will be reviewed to determine merit and relevancy of the proposed project. This program is excluded from coverage under OMB Circular No. A-110.
Award Procedure: Procedures for awards are outlined in General Grant Regulations 40 CFR Part 30.
Deadlines: None.
Range of Approval/Disapproval Time: About 90 days.
Appeals: As described in 40 CFR Part 31, Subpart F.
Renewals: None.
Criteria for Selecting Proposals: The criteria for awarding air pollution control program assistance grants are provided in the 1990 Clean Air Act, Section 105, and set forth in State and local assistance grant regulations (40 CFR 35). Some of the criteria considered for award include the following: 1) No grant may be awarded unless the program contained in the grant application meets the requirements of Section 35.140 and has been approved by the Regional Administrator. Paragraphs 35.102 and 35.107 describe EPA annual guidance and preparation generally in consultation with the Regional Administrator. The State or local agency needs to prepare an adequate application. 2) No grant may be awarded until the Regional Administrator has consulted with the official designated by the Governor(s) of the State(s) affected by such award pursuant to Section 105(b) of the Clean Air Act. Such consultation should consider the role of the applicant in the enforcement of any applicable implementation plan and confirm that the applicant's program will be generally compatible with the objectives of the applicable implementation plan. 3) The requirements of this Section shall not apply to Indian Tribes that have established eligibility pursuant to Section 35.573 and intertribal agencies made up of such Tribes. Pursuant to an interim rule published January 4, 1995 (FR 366) this requirement could have been waived for a limited period under specified circumstances (relative to Title V permit program approval). This waiver is no longer applicable. 4) No grant may be awarded unless the Regional Administrator has determined that the agency has adequate air pollution control authority and necessary regulations to implement such authority.
Examples of Funded Projects: 1) State Department of Environmental Protection, Bureau of Air Control; 2) County Air Pollution Control; 3) State Boards of Health; 4) State Air Control Board; 5) State Air Resources Board; and 6) Local Air Pollution Control Agencies. Air pollution control program grants are provided to State and local control agencies for purpose of operating programs that plan and implement activities to achieve ambient air quality standards.
Range and Average of Financial Assistance: From $7,500 to $7,000,000 per recipient. Average: $900,000.
Federal Agency: OFFICE OF AIR AND RADIATION, ENVIRONMENTAL PROTECTION AGENCY (Home Page)
Type of Assistance: Project Grants.
Obligations: (Grants) FY 01 $167,223,000; FY 02 est $173,883,000 ($162,815,000 State/local and $11,068,000 Tribal); and FY 03 est Not available. Note: These figures do not include amendments, special support, nor Clean Air Act STAG funds awarded under authorities other than Section 105.
Budget Account Number: 68-0103-0-1-304.
Authorization: Clean Air Act of 1990, Section 105, as amended; Public Law 101-549.
Regulations, Guidelines, and Literature: Air Pollution Control Program Grants, EPA, 40 CFR Part 35; Interim Rule published January 4, 1995 (FR 366); General Grant Regulations and Procedures, EPA, 40 CFR Part 31.
Regional or Local Office: For program information: contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
Headquarters Office: For program information: William Houck, National Air Grant Coordinator, State/local (202) 564-1349; and David LaRoche, Senior Advisor, Tribal (202) 564-7416, Office of Air and Radiation, Environmental Protection Agency, Washington, DC 20460. Mail Code 6102A.
Web Site Address: http://www.epa.gov
(See Appendix IV for more contact info.)
Formula and Matching Requirements: State, Interstate, and Local programs may receive up to 60 percent Federal funding. The amount of Federal share of grant costs should be determined by reference to the criteria set forth in Section 105 of the Clean Air Act and in 40 CFR 35.145. Not more than 10 percent of the funds available shall be granted for air pollution control programs in any one State. Not less than one-half of one percent of the funds are to be made available as a minimum to a State for application. However, award of these funds will be made only if the agencies within the State meet the requirements of the Act and grant regulations. For Indian Tribes establishing eligibility pursuant to Section 35.573, the Regional Administrator may provide financial assistance in an amount up to 95 percent of the approved costs of planning, developing, establishing, or improving an air pollution control program, and up to 95 percent of the approved costs of maintaining that program. After 2 years from the date of each Tribe's initial grant award, the Regional Administrator will reduce the maximum federal share to 90 percent, as long as the Regional Administrator determines that the Tribes meet certain economic indicators that would provide an objective assessment of the tribe's ability to increase its share.
Length and Time Phasing of Assistance: The terms of the grant shall be determined at time of grant award.
Uses and Use Restrictions: Grant funds may be used for costs specifically incurred in the conduct of a State/Local/Tribal Air Pollution Program in accordance with the purposes enumerated in the approved application. These include personnel costs, supplies, equipment, training of personnel, travel, and other necessary expenditures during the approved project period. Funds may not be used for construction of facilities, nor for expenses incurred other than during each approved award period.
Reports: As specified in the grant award and through applicable regulations (usually quarterly, interim, and final progress and expenditure reports).
Audits: Grants are subject to inspection and audit by EPA and the Comptroller General. 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 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 Nonprofit 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 charges to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of 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.
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Text updated: June 2002