Program Description

EPA's CERCLA Section 128(a) grant program funds activities that establish or enhance state and tribal response program capacity, capitalize revolving loan funds (RLFs), and support insurance mechanisms. The goal of this funding is to provide financial support to establish and enhance the four elements of an effective state or tribal response program as specified in CERCLA Section 128 and to ensure that states and tribes maintain a public record of sites included in their programs.

General Program Requirements

States (as defined in CERCLA Section 101(27) and tribes (as defined in CERCLA Section 101(36) are eligible for funding under Section 128(a). To be eligible to receive funding under CERCLA Section 128(a), a state or tribe must demonstrate that its response program includes, or is taking reasonable steps to include, the four elements of a response program. States or tribes that are parties to voluntary response program memoranda of agreement (MOAs) are automatically eligible for Section 128(a) funding. Additionally, states and tribes, including those with MOAs, must maintain and make available to the public a record of sites at which response actions have been completed in the previous year and are planned to be addressed in the upcoming year in order to qualify for Section 128(a) funding.

Your Next Steps

The following information will lead you to the next steps to apply for this program.

Application Process

Pre-application Coordination (091): Annually, states and tribes will work with the EPA regional offices to develop their work plans and funding requests for the upcoming year. Each cooperative agreement must have an annual budget period tied to an annual work plan. Annual funding guidance provides the requirements for submitting requests. No specific forms are required. Informal assistance is available through regional offices. States are subject to requirements under E.O. 12372, "Intergovernmental Review of Federal Programs" as implemented in 40 CFR Part 29. Tribes are exempt. 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. 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): 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. States and tribes submit requests to EPA regional offices for funding on an annual basis by submitting a proposed work plan. Annual funding guidance provides the information that should be submitted to the regional office. Once initial requests are submitted, EPA headquarters consolidates requests and provides a final allocation based on factors provided in the funding guidance. No specific form is required for submission of request.

Award Procedure (093): EPA regional offices will negotiate and enter into a single cooperative agreement with interested states or tribes. States and tribes may distribute these funds among the appropriate state and tribal agencies to meet their specific needs within their state or tribal agency structures. At least annually, the regional offices must verify that a public record as described above exists for each of the state or tribal response programs that are receiving funding.

Deadlines (094): Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time (095): Approximately 90 days are required for the application request to be approved or disapproved.

Appeals (096): Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.

Renewals (097): Each state and tribal cooperative agreement will be evaluated on an annual basis to ensure that the requirements to receive funding are being met. If funding is not used, it may be carried over into the next budget period.

Program Contact Information

David Lloyd
Office Director
lloyd.davidr@epa.gov
202-566-2777

Additional Information

Current Method of Tribal EligibilityNo Set-aside; Tribes Eligible with Other Entities
Can the funding from the program be renewedYes
Entities Eligible for Grant AssistanceFederally Recognized Tribes and Tribal Organizations
Matching Funds RequiredNo
Number of People Served by this Program (Approximate)95 tribal governments
Recurring Base Funding for TribesNo
Do Tribes compete with other entities for funding from the program?No
Tribes Funded by this Program95

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