Air Pollution Control Program Support
OFFICE OF AIR AND RADIATION, ENVIRONMENTAL PROTECTION AGENCY
Clean Air Act of 1990, Section 105, as amended; Public Law 101-549.
Section 105 program are to assist State, Tribal, Municipal, Intermunicipal, and Interstate agencies in planning, developing, establishing, improving, and maintaining adequate programs for the continuing prevention and control of air pollution and/or in the implementation of national primary and secondary air quality standards. Funding Priority - Fiscal Year 2008: A major portion of continuing program funds are being devoted by recipients to attain the National Ambient Air Quality Standards (NAAQS) for 8-hour ozone and fine particulates (PM2.5). This continues to be a multi-year, multi-pollutant effort and reflects the fact that the NAAQS may be periodically revised. Funded activities include the development and submission of re-designation requests including maintenance plans for non-attainment areas meeting the NAAQS, as appropriate. Recipients are also required to review the annual air quality reports for criteria air pollutants and take appropriate actions dealing with any areas that are newly discovered to be violating the NAAQS. For attainment of the 8-hour ozone standard, section 105 grants will continue to support the shift of State, Local and Tribal work to implementation of control plans including updates of control strategies. Plans for attainment include strategies such as regulation of stationary sources, mobile source emissions testing and trip reduction measures, transportation conformity, participation in the NOx/CAIR interstate emissions trading program, and other innovative approaches including early ozone reduction programs and voluntary measures at the local level. States were to have submitted their 1997 PM2.5 state implementation plans (SIPs) by April 5, 2008 that included the following elements: attainment demonstration, emission inventory, reasonably available control technology and control measures, a reasonable further progress plan, and contingency measures. Recipients were to have recommended designation status by December 2007 for areas not attaining the new (2006) 24-hour PM2.5 standard. Recipients may also be working with local areas to support innovative, voluntary, early action initiatives such as the 8-hour Ozone Flex. States with Early Action Compact Areas (EACs) which had designation deferrals and were determined not to meet attainment by 12/31/2007 under the EAC program were to have begun working on non-attainment area SIPs. For the other criteria pollutants (i.e., CO, SO2, PM10, Pb) funds continue to assist States, Tribes and Local agencies in: maintaining compliance with existing standards; or in implementing strategies to reduce these pollutants, review data for their designation to attainment, and assist in developing attainment plans, as necessary. Funds are also being used by State, Local and Tribal governments to bolster their individual roles in regional efforts to reduce visibility-impairing regional haze. Regional haze SIPs were to have been submitted by December 17, 2007. EPA and its partners continue to devote significant grant resources to ambient air monitoring as restructuring of the overall national ambient air monitoring network continues. Reassessment is occurring in light recent revisions in the national ambient air quality standards, monitoring regulations, and the continuing needs of State, local and tribal governments. Monitors are operated for NAAQS pollutants, PM2.5 speciation, and PAMS according to monitoring regulations, approved monitoring plans, and/or grant agreements including quality assurance provisions. Recipients quality-assure, submit and certify air quality data on a regular basis. Recipients were also to have begun or continued a 5-year-cycle network assessment (required by the amended national monitoring rule) and complete it by July 1, 2010. Funds for air toxics purposes are provided to: expand existing air toxics monitoring networks operated by State, Tribal and Local agencies in order to better characterizeair toxicsrisksandassess the effectiveness of control strategies; update and review HAP emission inventory and test and review new NEI process and EIS components and provide feedback to EPA; help State and other agencies implement maximum achievable control technology (MACT) standards and other air toxics standards affecting the emissions of specific categories of sources (e.g., Section 112, 111(d) and 129); and help carry out national, regional and community-based initiatives that focus on the identification and reduction of residual, multi-media and cumulative air toxics risks. Additional priorities include implementation of air toxics reduction programs through technology-based and delegated residual risk standards. For FY 08-09, Section 105 funds support agency-specific air pollution prevention and control activities in the form of direct grants to recipients and associated program support to help EPA address three major priorities in air pollution control: (a) attain and maintain national ambient air quality standards for criteria pollutants (ozone, particulate matter, visibility; carbon monoxide, lead, sulfur dioxide and nitrogen dioxide) which endanger human health (particularly sensitive populations) and the environment; (b) eliminate unacceptable risks of cancer and other health problems from air toxics emissions; and (c) reduce the destructive effects of acid rain deposition on land and water systems formed by ambient nitrates and sulfates. Funds also address air pollution concerns that are multi-pollutant, cross-media, interstate, or trans-boundary in nature. Funds for acid deposition enable States to conduct analyses of the impacts of acid rain on land and water bodies, assess the effectiveness of control strategies, and monitor the market-based acid rain trading program emissions from electric utilities. Funding Priority - Fiscal Year 2009: By nature, much of the work occurring in FY 2008 will continue into FY 2009. However, several new developments will alter the priorities for the program across the country in FY 2009 - the response to the new NAAQS in ozone and PM2.5, and the shift of the PM2.5 ambient monitoring program from Section 103 (100 percent federal funding) to Section 105 authority (recipient cost shared). Recipients will continue to review air quality reports and take appropriate actions dealing with new violating attainment areas with any of the NAAQS; submit re-designation requests including maintenance plans for areas with clean air quality data as appropriate; work with local area stakeholders to support innovative, voluntary, early action initiatives such as the 8-hour Ozone Flex; continue to implement 8-hr ozone SIPs; and submit any outstanding ozone SIP elements (including prior commitments). However, recipients will also begin preparing recommendations on designations for the potential revised ozone NAAQS. For PM2.5, in addition to implementing their PM2.5 SIP for 1997 NAAQS, recipients will begin SIP planning for 2006 PM2.5 NAAQS and coordinate with EPA regarding recommendations and comments for 2006 PM2.5 NAAQS designations. Some states will work withlocal agencies to implement woodstove change-out programs in areas where change-outs could significantly reduce ambient particle concentrations. Areas may also explore feasibility of changing out existing outdoor wood-fired boilers to significantly reduce PM2.5 concentrations. For both ozone and PM2.5, recipients will continue to implement their NOX requirements under the Clean Air Interstate Rule (CAIR). As in FY 2008, for ambient monitoring all state/local primary quality assurance organizations operate monitors and submit NAAQS pollutant data, PAMS, and QA data to AQS directly or indirectly through another organization according to schedule in 40 CFR Part 58. Data must also meet quality assurance requirements. These organizations will also submit their required annual (monitoring) network plans by July 1 unless another schedule hasbeenapproved.Theymustlso certify their 2008 NAAQS pollutant data in AQS and provide supporting documentation by July 1, 2009 (State/local only, unless tribal work plan requirement). Additionally monitoring organizations will report real time ozone and PM2.5data to AirNOW for cities required to report the AQI (State/local only); will continue the 5-year-cycle network assessment required by July 1, 2010; (State/local only, unless tribal work plan requirement), and include final NCore siting plan in Annual Monitoring Network Plan due July 1, 2009. Air quality reporting, including particle pollution forecasting, will be expanded to additional cities. For regional haze, States and other stakeholders will continue to work with EPA on issues related to submitted regional haze SIPs and will continue to implement Best Available Retrofit Technology (BART) requirements. As in FY 2008, funds for air toxics purposes are provided to: expand existing air toxics monitoring networks operated by State, Tribal and Local agencies in order to better characterize air toxics risks and assess the effectiveness of control strategies. Recipients will collect data for the integrated 2008 hazardous air pollutant (HAP) emissions inventory; implement delegated or approved section 112, 111(d) and 129 standards, as appropriate, for major sources and area sources; implement delegated residual risk standards; and work with communities to develop and implement voluntary air toxics programs that address outdoor, indoor, and mobile sources with emphasis on areas with potential environmental justice concerns. For FY 2009, the President has again proposed that the PM2.5air monitoring program be moved under Sectio 105 authority. PM2.5 Fine Particulate Monitoring. State and local air pollution control agencies are working with EPA to operate a national fine particulate (PM2.5) monitoring network to accurately assess and characterize the nature and extent of fine particulates (PM2.5) across the country. This assessment is necessary to determine the air quality status of an area in relation to the national PM2.5 ambient air quality standard. At least three years of quality-assured data are required in order to determine an area's attainment status. The air quality status of an area will determine the nature and complexity of its attainment plan, its associated control strategies, and its implementation schedule. The immediate goals of this multi-year program are: appropriate spatial characterization of PM2.5 NAAQS; public reporting of PM2.5 in the Air Quality Index; characterization of PM2.5 chemical speciation data for long term trends; development and accountability of emission control programs and tracking of regional haze, and limited support of health studies; implementation of NCore CO, SO2, NO2/NOy trace-level monitoring to support characterization of PM precursors; assessment of PM2.5 data quality; and procurement and testing of PM2.5 filters. Grant funds are used to provide support to eligible State and local air agencies for continued operation of high value federal reference method (FRM) and speciation monitoring sites; additional investments in PM2.5 continuous monitoring and associated data management systems for timely reporting of high quality data; and continued investments in precursor gas analyzers, data analyses, and quality assurance activities that will support better understanding of particle formation.
Types of Assistance
Uses and Use Restrictions
Grant funds may be used for costs specifically incurred in the conduct of a State/Local/Tribal Air Pollution Control Program in accordance with the purposes enumerated in the approved application. These include personnel costs, supplies, equipment, training of personnel, travel, and other necessary expenditures during the approved project period. Funds may not be used for construction of facilities, nor for expenses incurred other than during each approved award period. Grant funds may not be used to subsidize the costs of Title V operating permit programs. 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
Municipal, Intermunicipal, State, Federally Recognized Indian Tribe, or Interstate or Intertribal with legal responsibility for appropriate air pollution planning, development, establishment, implementation, and maintenance of Clean Air Act air pollution control activities, including management of grant support for those activities, provided such organization furnishes funds for the current year that are equal to or in excess of its recurrent expenditures for the previous year for its approved section 105 air pollution program. The determination of expenditures is subject to decisions based on provisions of the Clean Air Act and applicable grant regulations. This program is available to each State, territory and possession of the U.S., including the District of Columbia. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.
Municipalities (local governments), Intermunicipalities, States, Federally Recognized Indian Tribes, and Interstate and Intertribal agencies.
The application must supply evidence of legal authority for air pollution control; evidence of the availability of nonfederal matching funds; assurance that federal funds do not supplant available recipient funds, evidence that the Governor or his designated State agency has been given the opportunity to comment on the relationship of the program to be funded to the State plan; and a workable program officially adopted for the agency. Principles for determining allowable costs are set forth in applicable Federal management circulars described in the general grant regulations and procedures 40 CFR Part 31 of the Federal Regulations. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Application and Award Process
Discussion with the applicable EPA Regional Office is advised for air program grant applications. The standard application forms as furnished by the Environmental Protection Agency and required by OMB Circular No. A-102 must be used for this program. Applications are subject to the State's review. 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. Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog.
Requests for application forms and completed applications must be submitted to the appropriate EPA Regional Grants Administration Branch. Application must meet the requirements of the grant regulations and will be reviewed to determine merit and relevancy of the proposed project. This program is excluded from coverage under OMB Circular No. A-110. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.
Procedures for awards are outlined in General Grant Regulations 40 CFR Part 31. For competitive awards, 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.
Range of Approval/Disapproval Time
Approximately 90 days.
Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Formula and Matching Requirements
The Clean Air Act does not prescribe a specific statutory funding formula but does direct that the factors of population, the extent and severity of the air pollution problem, and financial need, be considered in the allocation of available resources by the Agency. The current allocation approach is currently under review for updating by the Agency. EPA is undertaking the review in consultation with eligible recipients. State, Interstate, and Local programs may receive up to 60 percent Federal funding for the total approved program costs. The amount of Federal share of grant costs should be determined by reference to the criteria set forth in Section 105 of the Clean Air Act and in 40 CFR 35.145, 40 CFR 35.146, and 40 CFR 147. Not more than 10 percent of the funds available shall be granted for air pollution control programs in any one State. Not less than one-half of one percent of the funds are to be made available as a minimum to a State (overall) for application. However, award of these levels of funds will be made only if the agencies within the State meet the requirements of the Act and grant regulations. For Indian Tribes establishing eligibility pursuant to Section 35.573, the Regional Administrator may provide financial assistance in an amount up to 95 percent of the approved costs of planning, developing, establishing, or improving an air pollution control program, and up to 95 percent of the approved costs of maintaining that program. After 2 years from the date of each Tribe's initial grant award, the Regional Administrator will reduce the maximum federal share to 90 percent, as long as the Regional Administrator determines that the Tribes meet certain economic indicators that would provide an objective assessment of the tribe's ability to increase its share.
Length and Time Phasing of Assistance
The terms of the grant shall be determined at time of award.
Post Assistance Requirements
EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements. Agreements may require quarterly, interim, and final progress reports, and financial, equipment, and invention reports. Grant and administrative reporting requirements are also identified in the Grant Regulations Part 30 and Part 32. Programmatic reporting requirements are outlined in Part 31 and in the applicable national program manager annual guidance. Requirements for the evaluation of recipient performance are discussed in 40 CFR 35.115.
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. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Non-federal 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 OMB Circular No. A-133.
Financial records, including all documents to support entries on accounting records and to substantiate charges to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of submission of the annual financial status 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.
FY 07 $154,747,260; FY 08 $165,700,000; FY 09 $175,730,000 (estimated and includes $25.5M for PM2.5 air monitoring. Note: The President's Budget request proposes to fund the PM 2.5 Air Monitoring grant program under Section 105, but Congress has proposed to continue funding the program under Section 103.
Range and Average of Financial Assistance
In FY 2008 - From approximately $64,000 to $6,850,000 per recipient; average approximately $1,500,000.
In FY 2008, approximately 110 applications were received from State, Local and Tribal agencies to help support their continuing air quality programs were funded. This same level is expected to be received and funded in FY 2009. These programs plan and implement measures to improve, protect, monitor and report air quality in their communities. The plans integrate state and local measures with federal measures - including advances in environmental technologies (e.g., cleaner fuels, vehicle and industrial technology), in addressing and reducing air pollution and in meeting National Ambient Air Quality Standards (NAAQS). The NAAQS are regularly reassessed to assure that public health and welfare is being adequately protected. The most recent designations for ozone occurred in 2004 and 89 of the original 126 ozone areas are now meeting that NAAQS based on data collected during 2004-2006. Thirteen of the 14 Early Action Compact areas will have been designated attainment by April 15, 2008. For PM, the Agency designated 86 areas, with a total population of 35.8 million people, as nonattainment for PM10 in 1992 and 46 of those areas remain in nonattainment. In 4/05, EPA designated 39 areas as nonattainment for the PM2.5 based on air quality data collected during 2001-2003. Some PM2.5 design values in designated nonattainment areas are improving slightly, especially in the western U.S violated the annual and not the 24-hour NAAQS. As the new standards for ozone and PM2.5 take affect, updates on in designations and progress in air quality status will be provided. States have achieved widespread attainment of standards for several of the criteria pollutants: CO, SO2, NO2 and Lead. Specifically: for carbon monoxide EPA originally designated 78 areas, affecting 69.8 million people, as nonattainment for CO in 1992 with 3 nonattainment areas, affecting 719 thousand people remaining. For sulfur dioxide (SO2), EPA designated 54 areas, with a total population of 9.8 million people, as nonattainment for SO2 in 1992 with 10 nonattainment areas remaining affecting a total population of 1.1 million. All 10 areas have monitoring data measuring attainment of the SO2 NAAQS. For nitrogen Dioxide (NO2), there are no designated NO2 nonattainment areas and all areas continue to meet the NAAQS. For lead (Pb), EPA designated 13 areas, with a total population of 1.8 million people as nonattainment for Pb in 1992 and 2 nonattainment areas remain. There are no new areas violating the current lead NAAQS. The lead NAAQS is currently being examined for revision.
Regulations, Guidelines and Literature
Air Pollution Control Program Grants, EPA, 40 CFR Part 35 (revised January 9, 2001); Interim Rule published January 4, 1995 (FR V.60 No.2, http://pp.366-372 General Grant Regulations and Procedures, EPA, 40 CFR Part 31.
Regional or Local Office
Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.
For program information: William Houck, National Air Grant Coordinator, State/local (202) 564-1234, Fax: (202) 564-1352, firstname.lastname@example.org; and Darryl Harmon, Tribal Air Coordinator (202) 564-7416, Fax: (202) 564-1352, email@example.com; Office of Air and Radiation, Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, DC 20460. Mail Code 6102A.
Web Site Address
66.600, Environmental Protection Consolidated Grants For The
Examples of Funded Projects
Continuing program grants are provided to State, Local and Tribal air pollution control agencies for the purpose of operating programs that plan and implement activities to achieve ambient air quality standards. These programs cover: planning for attainment of updated national air quality standards including fine particulates and ozone; state implementation plan development; ambient monitoring; emission inventories; air and emissions modeling; source permitting; certain compliance and enforcement activities; public outreach and education activities; development and implementation of air quality regulations; implementation of market-based, early action (ozone) compacts and other innovative air pollution reduction strategies; technical training; risk and data analyses; information management; and program evaluation, progress reporting and other program operation and maintenance activities.
Criteria for Selecting Proposals
The criteria for awarding air pollution control program assistance grants are provided in the 1990 Clean Air Act, Section 105, and set forth in State and local assistance grant regulations (40 CFR 35). Some of the criteria considered for award include the following: 1) No grant may be awarded unless the program contained in the grant application meets the requirements of Section 35.140 (program purposes and associated regulations) and has been approved by the Regional Administrator. Sections 35.104 and 35.107 describe what an agency needs to do to prepare an adequate application. This usually includes the use of annual program and grant guidance from EPA and is generally done in consultation with the EPA Regional Office. 2) No grant may be awarded until the Regional Administrator has consulted with the official designated by the Governor(s) of the State(s) affected by such award pursuant to Section 105(b) of the Clean Air Act. Such consultation should consider the role of the applicant in the enforcement of any applicable implementation plan and confirm that the applicant's program will be generally compatible with the objectives of the applicable implementation plan. 3) The requirements of this Section shall not apply to Indian Tribes that have established eligibility pursuant to Section 35.573 and intertribal agencies made up of such Tribes. 4) No grant may be awarded unless the Regional Administrator has determined that the agency has adequate air pollution control authority and necessary regulations to implement such authority. The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.