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Underground Storage Tank Prevention, Detection and Compliance Program

UST Prevention, Detection and Compliance Program
Number: 66.804
Agency: Environmental Protection Agency
Office: Office of Solid Waste and Emergency Response

Program Information 

Program Number/Title (010):
66.804 Underground Storage Tank Prevention, Detection and Compliance Program
Federal Agency (030):
Office of Solid Waste and Emergency Response, Environmental Protection Agency
Authorization (040):
Superfund Reauthorization Amendments of 1986, Title I, Section 2007(f); Energy Policy Act of 2005, 42 U.S.C 6916(f)(2); Solid Waste Disposal Act (SWDA) of 1976, Section 9011; EPA's Annual Appropriations Act; Energy Policy Act of 2005, Title XV; Ethanol And Motor Fuels, Title B, Section 1521-1533, Public Law 109-58, U.S.C 15801; Ethanol And Motor Fuels, Title B, Section 1521-1533, Public Law 105-276, 42 Stat. 15801.
Objectives (050):
To assist States, Territories, Tribes and/or Intertribal Consortia (LUST Prevention only for Tribes and/or Intertribal Consortia) that meet the requirements at 40 CFR 35.504 in the development and implementation of underground storage tank (UST) programs and for leak prevention, compliance and other activities authorized by the Energy Policy Act (EPAct) of 2005, Public Law 105-276, and EPA's annual appropriations acts.

Funding Priority - Fiscal Year 2013: Assistance agreements to states under Section 2007 of the Solid Waste and Disposal Act will support core program underground storage tank (UST) activities, implement their leak prevention and detection programs, as well as the 2005 Energy Policy Act (EPAct) leak prevention activities. High priority tasks include providing financial assistance to states for: 1) approving specific technologies to detect leaks from tank systems; 2) ensuring that tank owners and operators are complying with notification and other requirements; 3) ensuring equipment compatibility; 4) conducting UST inspections; 5) implementing operator training; 6) prohibiting delivery for non-complying facilities; 7) seeking state program approval to operate the UST program in lieu of the Federal program; and 8) requiring secondary containment or financial responsibility for tank manufacturers and installers.

LUST Prevention assistance agreements to states and tribes, and/or intertribal consortia for activities authorized by EPAct will support states with inspections and other release prevention and compliance assurance activities for Federally-regulated UST systems, as well as for enforcement activities related to release prevention. A main cause of releases is the lack of proper operation and maintenance of UST systems, which is why the EPA proposed revisions to the UST regulations in FY 2012 that address these and other important issues. Any changes that result from a final rule will require subsequent state adoption, applicable updates to state regulations, and updates to state program approval.

For tribes, the LUST Prevention assistance agreements will assist with all aspects of the Tribal programs, e.g., inspection capacity. High priority tasks include providing financial assistance to states and tribes for: 1) inspecting UST facilities to complete the three-year inspection requirement; 2) developing inspection capacity for Tribes; 3) assisting states in adopting measures (e.g., delivery prohibition, secondary containment, operator training, etc.), as required by EPAct and EPA's grant guidelines; 4) enforcement activities related to release prevention; 5) development of leak prevention regulations and other program infrastructure; 6) helping tribes develop the capacity to administer UST programs, such as providing funding to support training for Tribal staff and educating owners and operators in Indian Country about UST requirements. These activities are geared toward bringing all UST systems into compliance with release detection and release prevention requirements and minimizing future releases. Priority will be given to providing funds to enable the States to meet their responsibilities under Title XV, Subtitle B of the Energy Policy Act of 2005. States that have entered into assistance agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTs.
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 assistance agreements for leak prevention, detection, and compliance, as described in the Section:50 Funding Priority. Assistance agreements are available to support recipients' eligible and allowable direct costs incurred under an approved work plan plus allowable indirect costs, in accordance with established EPA policies and regulations.

Unlike State and Tribal Assistance Grant (STAG) funding under Section 2007(f) of the Solid Waste Disposal Act (SWDA), the LUST prevention funding under Section 9011 and other applicable provisions of Subtitle I of the SWDA is not eligible for inclusion in Performance Partnership Grants under 40 CFR 35.133. EPA may award combined STAG funded UST prevention, detection, and compliance assistance agreements authorized by Section 2007(f) with LUST prevention assistance agreements authorized by Subtitle I if the combined agreement is not included in a PPG.
Eligibility Requirements (080)
Applicant Eligibility (081):
Prevention, detection and compliance assistance agreements are only available to States and Territories and 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." These assistance agreements may also be used for EPA to help States, who request it, to obtain SEE enrollees through a SEE assistance agreement to work on the State's underground storage tanks and to support direct UST implementation programs.
Beneficiary Eligibility (082):
States, Territories, Tribes and Intertribal Consortia.
Credentials/Documentation (083):
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/swerust1/fedlaws/epact_05.htm). The EPA Regional Offices maintain the credentials/documentation for State and Territorial programs and federally-recognized Tribes and Intertribal Consortia. OMB Circular No. A-87 applies to this program.
Application and Award Process (090)
Preapplication Coordination (091):
Tribes and Intertribal Consortia are excluded from coverage under E.O. 12372. 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. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. EPA may award combined or separate assistance agreements for leak prevention.
Award Procedure (093):
These funds are awarded non-competitively. However, if EPA elects to hold competitions for Tribal and/or Intertribal Consortia assistance agreements, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

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. An assistance agreement must be signed between EPA and the State or Territory or EPA and the Tribe or Intertribal Consortia. EPA awards the assistance agreements to states through a previously established allocation process, issued under national guidance rather than through competition(see 40 CFR 35.332 and 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/regions/index.htm.
Assistance Consideration (100)
Formula and Matching Requirements (101):
This program has no statutory formula.
Matching Requirements: The UST prevention, detection, and compliance Solid Waste Disposal Act 2007(f) assistance agreement (STAG) program has no statutory formula or matching requirement. However, there is a 25 percent matching requirement (cost share) for States under 40 CFR 35.335. State matches (cost shares) may include in-kind contributions. Under 40 CFR 35.332, EPA regions allocate funds to states based on their programmatic needs and applicable EPA guidance. Factors include the number of active federally regulated petroleum underground storage tanks. LUST Prevention funding is awarded under Section 9011 and other applicable provisions of Subtitle I of the Solid Waste Disposal Act subject to an allocation process developed by the Agency. The Agency distributes funds based on the number of federally-regulated petroleum USTs in a State and other indicators of State needs. States will provide a 25 percent match (cost share) for assistance agreements awarded under Section 9011 and other applicable provisions of Subtitle I. If EPA awards a State a combined UST prevention, detection, and compliance (STAG) and LUST prevention assistance agreement, the 25 percent cost share will apply to total project costs for the combined assistance agreement. There is no matching requirement (cost share) for prevention, detection and compliance assistance agreements for Tribes or Intertribal Consortia awarded pursuant under Public Law 105-276 or the Agency's annual appropriation act.
This program does not have MOE requirements.
Length and Time Phasing of Assistance (102):
The terms of the assistance agreement shall be determined at the time of award by the specific EPA Regional Office. Assistance agreements can be awarded on a single- or multiple-year basis up to seven years. See the following for information on how assistance is awarded/released: 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):
Reporting requirements are identified at 40 CFR Parts 30 and 31. EPA Regional Offices may include additional information regarding the content and frequency of reporting requirements in the terms and conditions of the agreements. Recipients submit annual reports which include a description of the progress made towards meeting environmental goals as expressed by the environmental indicators and program measures. Recipients report program performance results semi-annually that provide updates for commitments and priorities. No cash reports are required. Progress reports are required. States must certify that they are meeting or are making progress in meeting the Energy Policy Act requirements. States are required to provide expenditure reports for overall funding for UST prevention, detection and compliance (STAG) assistance agreements. For LUST Prevention assistance agreements, States are required to submit Federal Financial Reports (SF-425) to the Las Vegas Finance Center. Annual reviews are conducted to determine recipients' progress in 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) 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.
Financial Information (120)
Obligations (122):
(Formula Grants) FY 12 $31,997,000; FY 13 est $30,326,000; and FY 14 est $30,416,000 - STAG Obligations - Grants to States (for state staff oversight of UST activities identified in Section :50): FY 12 actual: $1,548,000; FY 13 estimate: $1,467,000; FY14 estimate: $1,490,000.

LUST Prevention Obligations - Assistance Agreements to State and Tribes (for state staff oversight and inspection activities related to the UST program; for Tribal staff to build capacity and provide training for prevention activities identified in Section :50): FY 12 actual: $30,449,000; FY 13 estimate: $28,859,000; FY14 estimate: $28,926,000.
Range and Average of Financial Assistance (123):
Range for States and Territories: The STAG and LUST prevention financial assistance is based on states' needs.

In FY 2013, Estimated STAG funding - Range for States and Territories: $25,000 to $340,000; Average for States and Territories = $122,250. In FY 2013, there is no STAG distribution for Tribes. Estimated LUST Prevention Funding - Range for States and Territories: $90,000 to $1,581,000; Average for States and Territories = $501,593,000. Range for Tribes: $18,000 to $600,000; Average for Tribes = $136,385.
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):
General Grant Regulations and Procedures (40 CFR Parts 30 or 31, as applicable), State and Local Assistance (40 CFR Part 35.330 et. seq. for States and 40 CFR 35.730 et. seq. for 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 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 UST Program Manager for documents.
Information Contacts (150)
Regional or Local Office (151) :
See Regional Agency Offices. For state-specific opportunities, EPA encourages potential state applicants 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; 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. Funding provided to states for release prevention must be expended in accordance with grant guidelines EPA issued to implement the Title XV, Subtitle B of the Energy Policy Act of 2005, http://www.epa.gov/swerust1/fedlaws/epact_05.htm.