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Leaking Underground Storage Tank Trust Fund Corrective Action Program

This program contains Recovery Act funding.
Leaking UST Corrective Action Program
Number: 66.805
Agency: Environmental Protection Agency
Office: Office of Solid Waste and Emergency Response

Program Information 

Program Number/Title (010):
66.805 Leaking Underground Storage Tank Trust Fund Corrective Action Program
Federal Agency (030):
Office of Solid Waste and Emergency Response, Environmental Protection Agency
Authorization (040):
Solid Waste Disposal Act of 1976 (SWDA), as amended, Section 9003(h), Public Law 105-276; EPA's Annual Appropriation Act.
Objectives (050):
To support State (including Territories that are included in the definition of "State" in the Solid Waste Disposal Act) and Tribal corrective action programs that address releases from underground storage tanks.

Funding Priorities - Fiscal Year 2013: Assistance agreements to states and Tribes will support activities in making progress in cleaning up petroleum leaks by initiating and completing cleanups, and reducing the backlog of sites not yet cleaned up. In FY 2013, not less than 80 percent of LUST cleanup appropriated funds will be provided to states to carry out the LUST cleanup program. High priority tasks include better site characterization efforts, remedy selection review, other technical assistance and management, oversight and enforcement activities at unaddressed LUST sites.

The LUST program received funding in the FY 2009 American Recovery and Reinvestment Act (ARRA) of 2009. All of these funds were obligated; however, $9.2 million was returned by one state and subsequently rescinded by Congress. The ARRA funds were outlayed through mid-FY 2013. Additional details can be found at http://www.epa.gov/recovery/ and http://www.recovery.gov/Pages/default.aspx.
Types of Assistance (060):
FORMULA GRANTS
Uses and Use Restrictions (070):
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: http://geodata.epa.gov.

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.

States and Tribes may use financial assistance under this program for eligible and allowable costs incurred under cooperative agreements for corrective action, as described in Section: 54 Funding Priority and Section: 180 Criteria for Selecting Proposals. This financial assistance program is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA will award cooperative agreements for corrective action activities. The applicable provisions in OSWER Directive 9650.10A, "LUST Trust Fund Cooperative Agreement Guidelines" apply to states receiving funds under this program. See http://www.epa.gov/swerust1/directiv/d965010a.htm.

LUST Trust Funds for corrective action will not be used to implement any provision of the Energy Policy Act (EPAct) of 2005, Title XV, Subtitle B, that is not also a leaking underground storage tank activity authorized by Section 205 of the Superfund Amendments and Reauthorization Act. Funds made available by the Recovery Act are prohibited from uses relating to casinos and other gambling establishments, aquariums, zoos, golf courses, or swimming pools.
Eligibility Requirements (080)
Applicant Eligibility (081):
Cooperative agreements are only available to States and Territories that have UST programs. Additionally, these cooperative agreements are only available to Federally-recognized Tribes and Intertribal Consortia that must meet the requirements, as described in the Federal Register Notice, Vol. 67, No. 213, pp. 67181-67183, "Update to EPA Policy on Certain Grants to Intertribal Consortia.".
Beneficiary Eligibility (082):
States, Territories, Tribes and Intertribal Consortia and the communities and industries affected by leaks from underground storage tanks.
Credentials/Documentation (083):
Even though the LUST corrective action assistance agreements are only used for traditional cleanup activities under Section 9003(h), States and Territories must either submit certification indicating the State or Territory meets the applicable Energy Policy Act provisions, or submit documentation describing the State or Territory's efforts to meet the requirements, in accordance with EPA's Energy Policy Act grant guidelines (http://www.epa.gov/oust/fedlaws/epact_05.htm). The EPA Regional Offices maintain the credentials/documentation for State and Territorial programs and federally-recognized Tribes and Intertribal Consortia. Costs will be determined in accordance with OMB Circular No. A-87 (2 CFR Part 225) for State and local governments. OMB Circular No. A-87 applies to this program.
Application and Award Process (090)
Preapplication Coordination (091):
Tribes and Intertribal Consortia are not required to follow intergovernmental review procedures. Environmental impact information is not required 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 (092):
OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. States and Tribes apply for funds through EPA regional offices under this CFDA.
Award Procedure (093):
These funds are awarded non-competitively. Applications will be subjected to administrative evaluation to determine the adequacy of the application in relation to assistance agreement regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will advise the applicant if funding is being considered. A final work plan will be negotiated with the applicant. A cooperative agreement must be signed between EPA and the State or Territory or EPA and the Tribe or Intertribal Consortia. EPA awards the cooperative agreement to states through a previously established allocation process, issued under national guidance rather than through competition. See EPA Order 5700.5, Section 6(c)(1).
Deadlines (094):
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time (095):
Generally from 3 to 4 months.
Appeals (096):
Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Renewals (097):
Contact the appropriate Regional Office. See http://www.epa.gov/swerust1/states/index.htm.
Assistance Consideration (100)
Formula and Matching Requirements (101):
Statutory Formula: Title Solid Waste Disposal Act. LUST corrective action funding awarded under Section 9003(h)(7) of the Solid Waste Disposal Act is subject to an allocation process developed by the Agency. By guidance, the Agency has established a process for allocating funds to states under Section 9003(h)(7) based on the cumulative numbers of confirmed UST releases, total number of existing registered petroleum UST systems, cleanups initiated, cleanups completed, the percentage of the population using groundwater for drinking water, and the number of states with approved UST programs. This program allocates funding to Tribes and Intertribal Consortia non-competitively based on their programmatic needs and national guidance.
Matching Requirements: States must provide a 10 percent cost share for cooperative agreements awarded under Section 9003(h)(7). There is no matching requirement for corrective action cooperative agreements for Tribes or Intertribal Consortia awarded pursuant to Public Law 105-276. Cooperative agreements awarded with Recovery Act funds were not subject to cost share requirements under section 9003(h)(7)(B) of the SWDA.
This program does not have MOE requirements.
Length and Time Phasing of Assistance (102):
The terms of the grant shall be determined at the time of the grant award by the specific EPA Regional Office. See the following for information on how assistance is awarded/released: LUST Trust Fund Corrective Action assistance agreements are awarded to states annually on a multi-year cycle. Financial assistance is awarded in a lump sum. States use the Automated Standard Application for Payment System to request cash drawdowns based on a projected cash requirement.
Post Assistance Requirements (110)
Reports (111):
Recipients provide performance and financial reports as authorized by 40 CFR 31.40 and 31.41. States report program performance results semi-annually and progress reports as part of the yearly review with EPA. No cash reports are required. Progress reports are required. States are required to submit Federal Financial Reports (SF-425) to the Las Vegas Finance Center. Performance monitoring is conducted to determine states' progress towards meeting overall program goals.
Audits (112):
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal 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 Circular No. A-133. 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 (113):
The record retention requirements of 40 CFR Part 31 (governmental units) or 40 CFR Part 30 (non-profit intertribal consortia) are applicable depending upon the identity of the recipient. 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.

Recipients must account for Recovery Act funds separately.
Financial Information (120)
Obligations (122):
(Formula Grants) FY 12 $59,903,000; FY 13 est $56,939,000; and FY 14 est $58,202,000 - LUST Obligations - Assistance Agreements to States and Tribes (for state and tribal staff oversight of initiating and cleaning up contamination from leaking underground storage tanks): For LUST State Cooperative Agreements: FY 2012 actual: $58,956,000; FY 2013 estimate: $56,126,000; and FY 2014 estimate: $57,402,000. For LUST Tribal Cooperative Agreements: FY 2012 actual: $947,000; FY 2013 estimate: $813,000 ; FY 2014 estimate: $800,000.
Range and Average of Financial Assistance (123):
For FY 2013, the Range for Territories and States: $46,000 - $3,262,000; Territory Average: $166,000; State Average: $1,066,000. It is anticipated that there will be approximately 10 Tribal cooperative agreements in FY 2013 for a total of $813,000.
Program Accomplishments (130):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Regulations, Guidelines, and Literature (140):
The regulations governing the award and administration of the Recovery Act Leaking Underground Storage Tanks cooperative agreements and the Leaking Underground Storage Tank corrective action cooperative agreements are the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" set forth at 40 CFR Part 31 (http://www.gpo.gov/fdsys/pkg/CFR-2000-title40-vol1/content-detail.html). Non-profit recipients are subject to 40 CFR Part 30.

Guidelines: Leaking Underground Storage Tanks Trust Fund. Cooperative Agreement Guidelines. Energy Policy Act of 2005 Grant Guidelines, http://www.epa.gov/swerust1/fedlaws/epact_05.htm.

Costs will be determined in accordance with OMB Circular No. A-87 (2 CFR Part 225) for State and local governments and Indian Tribes and OMB Circular A-122 (2 CFR Part 230) for Intertribal Consortia that follow the assistance regulations for nonprofit organizations. Contact Regional LUST Program Manager for documents.
Information Contacts (150)
Regional or Local Office (151) :
See Regional Agency Offices. For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see http://www.epa.gov/swerust1/regions/index.htm).
Headquarters Office (152):
Lynn Depont, USEPA Headquarters, Ariel Rios Building, 1200 Pennsylvania Avenue, N. W. Mail Code: 5401P, Washington, District of Columbia 20460 Email: depont.lynn@epa.gov Phone: (703) 603-7148
Website Address (153):
http://www.epa.gov/swerust1/index.htm
Examples of Funded Projects (170):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Criteria for Selecting Proposals (180):
This program allocates funding to States and Tribes non-competitively under the allocation system referenced in Section :101. Guidelines for LUST corrective action cooperative agreements are found in OSWER Directive 9650-10A, and at OUST's website http://www.epa.gov/swerust1/directiv/d965010a.htm.