Toxic Substances Compliance Monitoring Cooperative Agreements

 

The objectives of this program are to: 1) assist Grantees, including States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Northern Marianas, the Trust Territories of the Pacific Islands, the Virgin Islands, and Indian Tribes, in developing and maintaining compliance monitoring programs to prevent or eliminate unreasonable risks to health or the environment associated with chemical substances or mixtures in their communities, specifically Lead-based paint, Asbestos, and PCB; 2) encourage regulatory activities within the Grantees communities to establish their own programs for Lead-based paint and Asbestos (waiver programs); and 3) provide funds to support enforcement activities for Asbestos waiver state programs and Lead-based paint programs. EPA may provide funding for cooperative compliance monitoring grants to Grantees under TSCA to conduct inspections to ensure compliance with the PCB regulations, the Asbestos-in-Schools requirements (inspections at charter schools, public schools, private, non-profit schools and religious schools), the Model Accreditation Plan (MAP), TSCA section 6 Ban and Phase Out Rule, and the TSCA Asbestos Worker Protection Standards and to conduct Lead-based paint activities. Authorized Grantees also conduct enforcement responses for the Lead-based program. Grantees that have obtained an EPA waiver from the Asbestos regulation (Subpart E of Part 763) also have enforcement responsibilities. Funding Priorities - Fiscal Year 2024: Priorities for the TSCA PCB and Asbestos programs are: 1) ensure existing compliance monitoring programs continue to meet established standards; 2) promote activities that lead to waiver status for Asbestos programs; 3) ensure states meet EPA inspector training requirements necessary to obtain and keep EPA credentials in those programs which require the use of EPA credentials (the PCB compliance monitoring programs and Asbestos programs in non-waiver states); 4) provide inspection activity where there is an identified need including, but not limited to, Children's Health and Environmental Justice areas. FY 2024 funding priorities for States with authorized Lead-based paint programs will focus on individuals and firms which conduct lead abatement and renovation and their continuance with the training and certification, and work practice standards requirements. States with authorized renovation notice rules will also monitor those requirements.

Active 66.701 Environmental Protection Agency A - Formula Grants; B - Project Grants Fiscal Year 2016 FY 2016 information will not be available until October 1, 2016, at the earliest Twenty-two Asbestos, nine PCB, and thirty-eight Lead grants were awarded to States in FY 2016. Agencies participating in the TSCA Compliance Monitoring grants program receive funds to support and enhance toxic substance compliance monitoring, assurance and enforcement activities. Typical program activities for the Asbestos grant program include compliance inspections at facilities regulated under the AHERA program plus preparation of inspection reports. For waiver states, work includes case preparation and taking enforcement action. Non-waiver states using EPA credentials submit their inspection reports to EPA for case review and appropriate enforcement action. In FY 2016, 1,093 compliance monitoring inspections were conducted. Typical program activities for the PCB grant program include compliance inspections at facilities regulated under the TSCA PCB program, and submission of inspection reports to EPA for review and enforcement action, if appropriate. In FY 2016, 346 inspections were conducted. Typical program activities for the Lead-based paint grant program include compliance inspections at facilities regulated under the TSCA Lead-based paint program plus initiation of appropriate enforcement action by authorized states or referral to EPA for case review and appropriate enforcement action when violations are detected. In FY 2016, 2,995 inspections were conducted.
Fiscal Year 2017 In FY 2017 there were 3,555 lead-based paint inspections, 427 AHERA inspections, and 135 PCB inspections. It is anticipated the TSCA Compliance Monitoring grant program will receive a similar number of Grantee requests in FY 2019 as were received in FY 2018. At the earliest, FY 2019 program information (end-of-year report) must be submitted 90 days after the close of the grant
Fiscal Year 2018 In FY 2018 there were 3,972 lead-based paint inspections, 1,117 AHERA inspections, and 373 PCB inspections. It is anticipated the TSCA Compliance Monitoring grant program will receive a similar number of Grantee requests in FY 2020 as were received in FY 2018. At the earliest, FY 2020 program information (end-of-year report) must be submitted 90 days after the close of the grant
Fiscal Year 2021 For accomplishments under this assistance program, please visit the following website: https://www.epa.gov/compliance/toxic-substances-control-act-tsca-compliance-monitoring.
Fiscal Year 2022 In FY22, states receiving PCB funds completed 225 compliance inspections. The AHERA waiver states completed over 700 compliance inspections. AHERA non-waiver states completed 85 inspections. Over 2,000 lead-based paint abatement inspections were completed while almost 1,000 RRP inspections were completed. Toxics Substances Control Act, Section 404(g)
Toxic Substances Control Act, Section 28(a) For the Lead-based paint program, state agencies, Indian tribes, and tribal consortiums that have toxic substance compliance responsibilities, who have the authority to enter into these cooperative agreements, and who have their own lead laws in place are eligible to apply for assistance under the TSCA Compliance Monitoring Grant. For the PCB and Asbestos programs, Grantees should have toxic substance compliance responsibilities and be designated as the lead agency with the authority to enter into these cooperative agreements. For the Lead-based paint, PCB, and Asbestos programs: States, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Northern Marianas, the Trust Territories of the Pacific Islands, the Virgin Islands, and Indian Tribes. The applicant must supply evidence of legal authority to conduct toxic substance compliance program activities contemplated under the grant and a workable program officially adopted for the agency. For those programs where inspections are conducted using EPA credentials, prior to conducting inspections under the Grant, the Grantee must have an authorization agreement and the inspectors must complete the minimum inspector training, including health and safety training, and conduct inspections pursuant to the September 2004 Guidance for "Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA," and any substantive policies or guidance. Preapplication coordination is not applicable. 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 https://www.grants.gov. Discussions or informal meetings with Regional program offices concerning program preparation are advisable. Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project. States will be notified of Federal Assistance awards through the Federal Assistance Awards Data System (FAADS). Contact the headquarters or regional location, as appropriate for application deadlines From 60 to 90 days. Applications are due 60 days prior to the beginning of the next budget period. Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable. Applicant must reapply annually. Each application will be reviewed by the Environmental Protection Agency according to criteria including the following: (1) Need: The need for the development, improvement, and/or maintenance of a comprehensive compliance monitoring/enforcement program within the Grantee community; (2) Level of Activity: The amount of regulated chemicals and facilities, and the potential risk to human health and the environment; (3) Long-Term Impact: The potential of the cooperative agreement to have a long-term beneficial impact on human health and the environment resulting from the compliance program; and (4) Effectiveness of program: The past level and effectiveness of the Grantee regulatory program, number of inspections conducted by the Grantee and number of trained inspectors that have completed the minimum training set forth in the September 30, 2004 "Guidance for Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA." Grant funds are available for costs specifically incurred by Grantees to develop, enhance, and maintain comprehensive compliance monitoring/enforcement programs under TSCA, specifically Lead-based paint, PCBs, and Asbestos. Funded activities may include inspector training, inspection supplies, and laboratory costs, including personnel and equipment; reimbursement for salaries, travel, training, and per diem expenses for inspectors, analysts, and program managers; and other functions related to grant activities. Assistance agreement awards under this program may involve or relate to geospatial information. Geospatial information is information that identifies the geographic location and characteristics of natural or constructed features or boundaries on the earth, or applications, tools, and hardware associated with the generation, maintenance, or distribution of such information. This information may be derived from, among other things, GPS, remote sensing, mapping, charting, and surveying technologies, or statistical data. Further information regarding geospatial information may be obtained by viewing the following website: https://www.epa.gov/geospatial. Assistance agreement awards under this program may involve generating or using environmental data, such as, environmental sampling, field measurements, and/or laboratory analyses. Further information on the "Policy to Assure the Competency of Organizations Generating Environmental Measurement Data Under Agency-Funded Assistance Agreements" should refer to the following website: https://www.epa.gov/measurements-modeling. Performance Reports: Performance monitoring is required under this program. 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 mandatory. 25%. This program does not have a statutory formula. However, EPA allocates funds based on formulas contained in regulations or program guidance. There are no cost-sharing or matching fund requirements for Lead-based Paint enforcement grants under Section 404(g). The PCB and Asbestos grants do require cost sharing. Under TSCA Section 28, no grant may exceed 75 percent of the establishment and operation costs of such a program during the period for which the grant is made. Thus, recipients must contribute 25 percent of the total costs for activities conducted under Section 28 of TSCA (i.e., the PCB and Asbestos grants).

MOE requirements are not applicable to this assistance listing. Grants are normally funded for a 12-month period.. To be determined at the time of the award. Contact appropriate EPA Headquarters Contact listed below. Kelly Engle
Office of Compliance, Office of Enforcement an Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W. (Mail Code: 2227A)
Washington, DC 20460 US
engle.kelly@epa.gov
Phone: 202-564-2059 https://www.epa.gov/compliance/toxic-substances-control-act-tsca-compliance-monitoring 68-0103-0-1-304 (Formula Grants (Cooperative Agreements)) FY 22$4,760,000.00; FY 23 est $5,010,000.00; FY 24 est $6,877,000.00; FY 21$4,760,000.00; FY 20$4,759,000.00; FY 19$4,759,000.00; FY 18$4,807,000.00; FY 17$4,834,000.00; FY 16$4,874,000.00; - In FY 2019, EPA began implementing a new formula, using a phased approach over three years (FY 2019-FY 2021). This approach establishes a weighted formula that emphasizes lead-based paint, maximizing environmental benefits and program performance. The new formula provides more specificity regarding multiple program areas including Lead Renovation, Repair and Repainting, Lead Abatement, and the Lead Hazard Information Pamphlet: Renovation of Target Housing programs. Within the asbestos program, more weight is given to asbestos grants for Grantees that obtain waivers from EPA in order to self-implement. The following are ranges of possible funding for: Lead: $34,000 to $72,000/year per authorized lead-based paint program and PCB and Asbestos: $43,000 to $84,000/year. EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (2 CFR Parts 200 and 1500); Environmental Program Grants (40 CFR Parts 35 Subpart A) or Environmental Program for Grants for Tribes (40 CFR Part 35 Subpart B). Fiscal Year 2016 State agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the states to conduct compliance monitoring inspections. Those states that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate. State agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the states to conduct compliance monitoring inspections. Those states that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.
Fiscal Year 2018 Grantee agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the Grantees to conduct compliance monitoring inspections. Those Grantees that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.
Fiscal Year 2020 Grantee agencies participating in the Toxic Substances Compliance Monitoring grant program receive funds to support and conduct compliance monitoring (inspections) and enforcement activities, as appropriate for the specific program. Examples of program activities that may be funded include, targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the Grantees to conduct compliance monitoring inspections. Those Grantees that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.
Fiscal Year 2023 Examples of the types of projects funded under this assistance listing include: targeting activities, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, inspector training, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field. The majority of the funds are used by the Grantees to conduct compliance monitoring inspections. Those Grantees that are authorized to enforce the Lead-based paint program or are "waiver" states under the AHERA program can use these funds to enforce the regulation, as appropriate.