State Access to the Oil Spill Liability Trust Fund

 

To encourage greater State participation in response to actual or threatened discharges of oil.

Deleted 01/15/2013 (Archived.) 97.013 Agency: Department of Homeland Security PROJECT GRANTS Not Applicable. Oil Pollution Act of 1990, Public Law 101-380. The Governor (or his or her designated State official) of any State including Puerto Rico, Guam, American Samoa, U.S. Virgin Islands, Northern Marianas, and any other U.S. territory or possession may apply for financial assistance. State Governors. Applicant must either be the Governor of a State or have on file at the NPFC a letter signed by the Governor designating the applicant to be a State official authorized to make a request. The application must establish: (1) the incident is eligible for immediate removal under the Clean Water Act, as amended by OPA 90, (2) the substance discharged or threatening discharge is oil, (3) the incident occurred after August 18, 1990, (4) the aggregate amount of the request is equal to or less than $250,000, (5) the proposed removal actions are consistent with the NCP (including 40 CFR 300,305(c)'s requirement that a reasonable effort is made to have the discharger voluntarily and promptly perform removal actions), (6) the proposed level of response, proposed actions, and money requested are appropriate for the circumstances, and (7) the State has the means to complete the immediate removal. Detailed application requirements are included in publication entitled Technical Operating Procedures for State Access under Section 1012(d) of OPA 90 (NPFCINST 16451.1). OMB Circular No. A-87 applies to this program. Preapplication coordination is required. 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. This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Application is initiated when the Governor or his or her designated State official contacts the cognizant Federal On-Scene Coordinator (FOSC) and requests State access to the Oil Spill Liability Trust Fund (OSLTF, or "the Fund") under 33 CFR 133. This initial request may be made verbally. If the FOSC agrees that the incident is eligible for State Access funding and that State access to the Fund is the best method for addressing the incident, the FOSC will seek obligation of the Fund from the National Pollution Funds Center (NPFC). Since the approval of a request establishes a Cooperative Agreement between the Coast Guard and the State, the provisions of 49 CFR 18 apply to the State Access process. The National Pollution Funds Center will notify the State via telephone and hard copy of the award approval and amount. Not Applicable. Due to the emergency nature of oil discharge incidents, an approval or disapproval decision will be made and communicated to the State as expeditiously as possible (considering the nature and scope of the incident and other operations) following receipt of the request. Not Applicable. Not Applicable. Proposed immediate removal actions must be eligible under the Oil Pollution Act of 1990 (Public Law 101-380), consistent with the National Contingency Plan (40 CFR 300), appropriate for the amount requested, and within the capability of the State to perform. Funds are to be used for immediate removal action costs that are directly related to a specific incident which occurs after August 18, 1990. Removal costs must generally be incurred at the site or in support of site removal activities (e.g., salary costs for State officials actually engaged in the removal actions, transportation costs for transporting persons and materials to the site, costs of equipment usage and consumable, contract costs, and administrative costs for preparing reports and documenting actions which occurred at the site). Limited to $250,000 per incident. Removal actions must be consistent with the National Contingency Plan (40 CFR 300) and must be approved by the cognizant Coast Guard or Environmental Protection Agency (EPA) Federal On-Scene Coordinator (FOSC). Remedial actions and restorations are ineligible. Funds are to be used for immediate removal action costs that are directly related to a specific incident which occurs after August 18, 1990. Removal costs must generally be incurred at the site or in support of site removal activities (e.g.,
salary costs for State officials actually engaged in the removal actions, transportation costs for transporting persons and materials to the site, costs of equipment usage and consumable, contract costs, and administrative costs for preparing reports and documenting actions which occurred at the site). Limited to $250,000 per incident. Removal actions must be consistent with the National Contingency Plan (40 CFR 300) and must be approved by the cognizant Coast Guard or Environmental Protection Agency (EPA) Federal On-Scene Coordinator (FOSC). Remedial actions and restorations are ineligible. No program reports are required. No cash reports are required. No progress reports are required. No expenditure reports are required. No performance monitoring is required. 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. These audits are due to the cognizant Federal agency, submitted through the Federal Audit Clearinghouse, not later than 9 months after the end of the grantees fiscal year. Due to the need to recover removal costs from responsible parties and the possibility of protracted litigation that may be associated with specific oil discharge removal incidents, State records must be kept for 10 years following submission of the final documents to the Coast Guard, or until the completion of litigation for a specific case, whichever is longer. This program has no statutory formula.
This program has no matching requirements.
MOE requirements are not applicable to this program. Please see guidance. See the following for information on how assistance is awarded/released: funds are used for immediate removal action costs that are directly related to a specific incident. None. DHS Coast Guard, 245 Murray Lane, Washington, District of Columbia 20528 Phone: (202) 494-9118. http://www.dhs.gov. 70-8185-0-7-403. (Project Grants) FY 09 $0; FY 10 $0; FY 11 Estimate Not Available $250,000 maximum per oil discharge incident. 33 CFR 133, 40 CFR 300, 49 CFR 18, 20, 29, and 90, and Technical Operating Procedures for State Access to OSLTF (NPFCINST 16451.1). Not Applicable.