Leaking Underground Storage Tank Trust Fund Corrective Action Program

 

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 (USTs). Funding Priorities - Fiscal Year 2023: Cooperative agreements to states and tribes to 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 2023, at least 80 percent of LUST corrective action appropriated funds will be provided to states to carry out the LUST corrective action program. The priority in FY 2023 is to provide resources to states to perform core cleanup work, with a focus on cleaning up the highest priority sites.

Active 66.805 Environmental Protection Agency A - Formula Grants Fiscal Year 2016 In FY 2016, it is anticipated that 52 States (including DC and Puerto Rico) and four territories and approximately 2 Indian Tribes will submit assistance agreement applications and will be awarded LUST corrective action assistance agreements. Final performance measure results are not available at this time. In FY 2016, 52 States (including DC and Puerto Rico) and four territories and 2 Indian Tribes submitted assistance agreement applications and were awarded LUST corrective action assistance agreements. Program accomplishments for FY 2016 resulted in completing 8,977 cleanups and reducing to 13 percent the percent of confirmed releases as UST facilities remaining to be cleaned up.
Fiscal Year 2017 (no entry)
Fiscal Year 2018 In FY 2018, 52 states (including DC and Puerto Rico) and four territories are expected to submit applications and be awarded LUST Cooperative Agreements.
Fiscal Year 2020 Since the inception of the UST program in 1984, EPA and states have cleaned up more than 497,407 releases nationwide; in FY 2020 alone, 7,211 cleanups were completed. EPA and states have also been making significant progress in the backlog of releases remaining to be cleaned up - from a high of almost 172,000 in 1995 down to 62,493 in 2020. This represents only 13% of the LUST backlog of releases that remain to be cleaned up.
Fiscal Year 2023 Since the inception of the UST program in 1984 to March 2023, EPA and states have cleaned up more than 512,481 releases nationwide. For accomplishments under this assistance listing, please visit the following website: https://www.epa.gov/ust/ust-performance-measures. Solid Waste Disposal Act, Section 9003(h), Public Law -
1999 Appropriations Act, Public Law 105-276 - for Tribes 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." Not applicable. Even though the LUST corrective action cooperative 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 (https://www.epa.gov/ust/energy-policy-act-2005-and-underground-storage-tanks-usts). The EPA regional offices maintain the credentials or documentation for state and territorial programs and federally-recognized tribes and intertribal consortia. Preapplication coordination is required. 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. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov. 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 cooperative agreements to states through a previously established allocation process, issued under national guidance rather than through competition. See EPA Order 5700.5A1, EPA's Policy for Competition of Assistance Agreements, Section 6(c)(1) at: https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements. Contact the headquarters or regional location, as appropriate for application deadlines From 90 to 120 days. Generally from 3 to 4 months. Copies of these procedures may also be found at: https://www.epa.gov/grants/grant-competition-dispute-resolution-procedures. Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable. Contact the appropriate Regional Office. See https://www.epa.gov/ust/underground-storage-tank-ust-contacts. This program allocates funding to states and tribes non-competitively under an allocation system. For more information, see Leaking Underground Storage Tank Fund Corrective Action Cooperative Agreement Guidelines at http://www.epa.gov/ust/state-grant-policy-and-guidance. 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 the "Objectives" section of this assistance listing. 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. Leaking Underground Storage Tank Trust Fund Corrective Action Cooperative Agreement Guidelines apply to states receiving funds under this program. See https://www.epa.gov/ust/state-grant-policy-and-guidance. 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 LUST activity authorized by Section 205 of the Superfund Amendments and Reauthorization Act. LUST Trust Fund corrective action cooperative agreements are Continuing Environmental Program Grants[1], administered by EPA, and provide money to states to address petroleum[2] releases from underground storage tanks (USTs). States must comply with the requirements in the Leaking Underground Storage Tank Trust Fund Corrective Action Cooperative Agreement Guidelines and the Cost Recovery Policy For Leaking Underground Storage Tank Trust Fund Corrective Action Cooperative Agreements as a condition of receiving LUST Trust Fund corrective action cooperative agreement funding. See https://www.epa.gov/ust/state-grant-policy-and-guidance. Performance Reports: Reporting requirements are determined at time of award. 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. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants available to personnel authorized to examine EPA recipients grants and cooperative agreements records. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports as required by 2 CFR 200.334. If questions, such as those raised because of audits remain following the 3-year period, recipients must retain records until the matter is completely resolved. Statutory formula is not applicable to this assistance listing.

Matching is voluntary. 10%. This program does not have a statutory formula. However, EPA allocates funds based on formulas contained in regulations or program guidance. 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. 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.

MOE requirements are not applicable to this assistance listing. The terms of the grant shall be determined at the time of the grant award by the specific EPA Regional Office. LUST Trust Fund Corrective Action Program cooperative agreements are awarded to states annually on a multi-year cycle. Method of awarding/releasing assistance: Lump. For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers (see https://www.epa.gov/ust/underground-storage-tank-ust-contacts). Richard Canino
Environmental Protection Agency, 1200 Pennsylvania Avenue, N. W. (Mail Code: 5401T)
Washington, DC 20460 US
Canino.Richard@epa.gov
Phone: 202-564-0394 https://www.epa.gov/ust 68-8153-0-7-304 (Formula Grants (Cooperative Agreements)) FY 22$55,040,000.00; FY 23 est $55,040,000.00; FY 24 est $55,040,000.00; FY 21$55,040,000.00; FY 20$55,040,000.00; FY 19$56,476,634.00; FY 18$64,028,000.00; FY 17$55,430,000.00; FY 16$55,424,775.00; - In FY 2023, for state and territories, the range for assistance agreements was $48,680 - $3,075,992. The territory average was $182,042 and the state average was $1,082,595. Approximately 56 cooperative grants were awarded. 2 CFR 200 and 1500 (EPA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); 40 CFR Part 33 (Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs); 40 CFR Part 35 SubPart A (Environmental Program Grants) or SubPart B (Environmental Program Grants for Tribes) -- for LUST Corrective Action Only. Contact regional UST program manager for documents. For more information see Leaking Underground Storage Tanks Trust Fund Cooperative Agreement Guidelines at https://www.epa.gov/ust/state-grant-policy-and-guidance. Fiscal Year 2016 In FY 2016, it is anticipated that 52 States (including DC and Puerto Rico) and four territories and approximately 2 Indian Tribes will submit assistance agreement applications and will be awarded LUST corrective action assistance agreements. Final performance measure results are not available at this time. In FY 2016, states reviewed site characterization reports; reviewed corrective action plans; and conducted enforcement actions. Cooperative agreements provided assistance to Tribes to help develop and implement the LUST program; and conduct cleanups and provide oversight of responsible party cleanups.
Fiscal Year 2017 In FY 2017, states will review site characterization reports; review corrective action plans; and conduct enforcement actions. Cooperative agreements provide assistance to Tribes to help develop and implement the LUST program; and conduct cleanups and provide oversight of responsible party cleanups.
Fiscal Year 2018 States will review site characterization reports; review corrective action plans; and conduct enforcement actions. Cooperative agreements provide assistance to tribes to help develop and implement the LUST program; conduct cleanups; and provide oversight of responsible party cleanups.
Fiscal Year 2023 States will review site characterization reports; review corrective action plans; and conduct enforcement actions. Cooperative agreements provide assistance to tribes to help develop and implement the LUST program; conduct cleanups; and provide oversight of responsible party cleanups.