EPA-I-OLEM-ORCR-24-05.pdf

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: Solid Waste Infrastructure for Recycling (SWIFR) Grants for Political

Subdivisions of States and Territories1

ACTION: Notice of Funding Opportunity (NOFO)

FUNDING OPPORTUNITY NUMBER: EPA-I-OLEM-ORCR-24-05

Assistance Listing No: 66.920

KEY DATES:

Dec. 20, 2024 NOFO CLOSES – APPLICATIONS DUE BY 11:59 PM (ET)

July 2025 ANTICIPATED NOTIFICATION OF FUNDING SELECTION

Dec. 2025 ANTICIPATED AWARD

APPLICATION SUBMISSION DEADLINE: Application packages must be submitted electronically to the EPA through Grants.gov (www.grants.gov) no later than December 20, 2024, at 11:59 p.m. (ET) in order to be considered for funding.

To allow for efficient management of the competitive process, the EPA requests submittal of an optional, informal Notice of Intent to Apply by November 15, 2024 to SWIFR@epa.gov. Please include your approximate funding amount, the track under which you are applying (refer to Section I.E:

Program Tracks for more information), and one to two sentences about the scope of your project.

Submission of an Intent to Apply is optional. The Notice of Intent to Apply is not required but it is a process management tool that will allow the EPA to better anticipate the total staff time required for efficient review, evaluation, and selection of submitted applications.

Note – EPA advises against naming contractors (including consultants and brand-name equipment) in grant applications. However, if an applicant chooses to name a contractor, prior to naming a contractor or subrecipient in your application as a “partner,” please carefully review Section IV.d. Contracts and Subawards in EPA’s Solicitation Clauses that is incorporated by reference in this announcement (refer to Section III.D: Named Contractors and Subrecipients). EPA expects recipients of funding to comply with competitive procurement contracting requirements as well as EPA’s rule on Participation by Disadvantaged Business Enterprises in EPA Programs in 40 CFR Part 33. The Agency does not accept justifications for sole source contracts for services or products available in the commercial marketplace based on a contractor’s role in preparing an application or prior relationships with the contractor that were not established in compliance with competitive procurement requirements.

Note that these competitive procurement requirements apply with equal force to contractual relationships established prior to or after the award of EPA funds. Applicants who choose to name a contractor must demonstrate that they have already complied with all applicable competitive procurement contracting requirements.

1 Please note that the EPA also refers to this type of grant under SWIFR as “SWIFR Grants for Communities.”

https://www.grants.gov/ http://www.grants.gov/ mailto:SWIFR@epa.gov https://www.epa.gov/grants/epa-solicitation-clauses

Please note that listing brand-named equipment in an application can be considered naming a contractor and should be replaced with the generic name for the type of equipment (e.g., front-end loader, baler, etc.) unless you can document cost comparisons for determining the price of the equipment.

There is no cost share required for this funding opportunity. Voluntary committed cost share will not be accepted or evaluated under this competition.

CONTENTS BY SECTION

SECTION I. FUNDING OPPORTUNITY DESCRIPTION

A. Background

B. Statutory/Regulatory Authority Criteria

C. Key Definitions

D. Program Vision and Goals

E. Program Tracks

F. Scope of Work

G. General Environmental Results and EPA Strategic Plan Information

H. Linkages to National Strategies

I. Minority Serving Institutions

J. Measuring and Reporting Environmental Results: Outputs and Outcomes

K. Additional Provisions for Applicants Incorporated into The Solicitation

SECTION II. AWARD INFORMATION

A. What is the amount of available funding?

B. Funding Structure and Program Tracks

C. How many agreements will EPA award in this competition?

D. Changing the Ratio of Awards When There are Multiple Priorities In A Competition ... 15

E. Type of Award

F. Will applications be partially funded?

G. What is the project period for awards resulting from this solicitation?

H. Are pre-award costs allowable?

SECTION III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Cost Sharing

C. Threshold Eligibility Criteria

D. Named Contractors and Subrecipients

E. Ineligible Costs or Activities and Other Considerations

SECTION IV. APPLICATION AND SUBMISSION INFORMATION

A. Requirements to Submit through Grants.gov and Limited Exception Procedures

B. Submission Instructions

C. Technical Issues with Submission

D. Application Materials

E. Content of Application Submission

F. Technical Assistance

G. Pre-Application Assistance

H. Confidential Business Information

I. Intergovernmental Review

SECTION V – APPLICATION REVIEW INFORMATION

A. Evaluation Criteria

B. Review and Selection Process

SECTION VI – AWARD ADMINISTRATION INFORMATION

A. Award Notification

B. Combining Applications into One Award

C. Administrative and National Policy Requirements

D. Use of Funds

E. Program Income

F. Build America, Buy America Requirements

G. Project Labor Agreements and Prevailing Wage Requirements

H. National Environmental Protection Act (NEPA) Compliance

I. Disputes

J. Quality Assurance Project Plans (QAPPs)

K. Reporting Requirements

SECTION VII – AGENCY CONTACT

SECTION I. FUNDING OPPORTUNITY DESCRIPTION

A. Background

Material resource extraction and processing account for approximately 55 percent of global greenhouse gas emissions.2 Increasing recycling reduces climate, environmental, and social impacts of materials use, and keeps valuable resources in use instead of in landfills. Municipal solid waste management3 has long suffered from a lack of investment. Some communities that lack waste management infrastructure do not have curbside waste collection services, recycling, or composting programs, which increases the burden on limited landfill capacity and increases greenhouse gas emissions. For example, more than one-third (nearly 100 million tons) of the United States (U.S.) municipal waste stream is organic waste. The production and current management of organics contributes to a broad range of negative environmental impacts, including climate change, air pollutants, water scarcity, biodiversity loss, and soil and water quality degradation. For example, producing, grading, packing, processing, distributing, retailing, and preparing the amount of food that is currently wasted annually in the U.S. contributes greenhouse gas (GHG) emissions equivalent to that of 42 coal-fired power plants and requires enough water and energy to supply more than 50 million homes each year.4 When food waste and other organics go to the landfill, they release methane, a powerful greenhouse gas. In 2020, 14.5% of human-related methane emissions came from landfills.5 Mismanaged waste also can compound health, economic, and undesirable social conditions in disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.

The EPA and others have undertaken significant efforts to promote the circular economy in the United States. In 2015, the EPA and the United States Department of Agriculture (USDA) announced the U.S.

2030 Food Loss and Waste Reduction Goal, seeking to cut food loss and waste in half by the year 2030.

In 2020, the EPA announced the National Recycling Goal to increase the U.S. recycling rate to 50 percent by 2030 and to galvanize efforts to strengthen the U.S. recycling system. One year later, the EPA released the National Recycling Strategy: Part One of a Series on Building a Circular Economy for All. That same day, federal funding was made available to support the strategy when the Infrastructure Investment and Jobs Act, also known as the 2021 Bipartisan Infrastructure Law (BIL), was signed into law. The National Recycling Strategy establishes a vision for building a circular economy to reduce material use, redesign materials to be less resource intensive, and recapture “waste” as a resource to manufacture new materials and products. As part one of the series, the National Recycling Strategy focuses on municipal solid waste recycling.

In June 2024, the White House, along with EPA, USDA, and the U.S. Food and Drug Administration (FDA), released part two of the series, the National Strategy for Reducing Food Loss and Waste and Recycling Organics. The goal of this strategy is to prevent the loss and waste of food and increase recycling of organic materials, reduce greenhouse gas emissions, save households and businesses money, and build healthier, cleaner communities. This vision and strategies for a circular economy align

2 Data from the 2024 Global Resources Outlook Report published by UN Environment.

https://www.resourcepanel.org/reports/global-resources-outlook-2024 3 EPA has developed a standardized set of terms with examples of Municipal Solid Waste:

https://www.epa.gov/recyclingstrategy/standardized-terms-materials-accepted-municipal-recycling-programs 4 More information available in the EPA’s 2021 Report titled From Farm to Kitchen: The Environmental Impacts of Food Waste (Part 1), available at https://www.epa.gov/system/files/documents/2021-11/from-farm-to-kitchen-the-environmental-impacts-of-u.s.-food-waste_508-tagged.pdf 5 https://www.epa.gov/lmop/frequent-questions-about-landfill-gas#:~:text=MSW%20landfills%20are%20the%20third,use%20a%20significant%20energy%20resource.

https://www.epa.gov/sustainable-management-food/united-states-2030-food-loss-and-waste-reduction-goal https://www.epa.gov/sustainable-management-food/united-states-2030-food-loss-and-waste-reduction-goal https://www.epa.gov/recyclingstrategy/us-national-recycling-goal https://www.epa.gov/recyclingstrategy/strategies-building-circular-economy-all https://www.epa.gov/recyclingstrategy/strategies-building-circular-economy-all https://www.congress.gov/bill/117th-congress/house-bill/3684 https://www.congress.gov/bill/117th-congress/house-bill/3684 https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/recyclingstrategy/standardized-terms-materials-accepted-municipal-recycling-programs https://www.epa.gov/system/files/documents/2021-11/from-farm-to-kitchen-the-environmental-impacts-of-u.s.-food-waste_508-tagged.pdf https://www.epa.gov/system/files/documents/2021-11/from-farm-to-kitchen-the-environmental-impacts-of-u.s.-food-waste_508-tagged.pdf https://www.epa.gov/lmop/frequent-questions-about-landfill-gas#:~:text=MSW%20landfills%20are%20the%20third,use%20a%20significant%20energy%20resource https://www.epa.gov/lmop/frequent-questions-about-landfill-gas#:~:text=MSW%20landfills%20are%20the%20third,use%20a%20significant%20energy%20resource with the language and the goals identified in the Save Our Seas 2.0 Act regarding solid waste infrastructure and management in the United States.

The Solid Waste for Infrastructure for Recycling (SWIFR) grant program, authorized under Section 302(a) of the Save Our Seas 2.0 Act and funded through the BIL, is a historic investment in the health, equity, and resilience of American communities. The unprecedented funding provided by the BIL through the SWIFR grants will assist local waste management authorities by supporting improvements to local post-consumer materials management, including municipal recycling programs, and assisting local waste management authorities in making improvements to local waste management systems. The SWIFR grant program provides a critical opportunity to fund a range of high-impact projects to increase recycling, reduce contamination, and promote a circular economy for materials by making much-needed investments in solid waste management infrastructure.

The SWIFR Grant Program is a covered program under the Justice40 Initiative, which aims to deliver 40 percent of the overall benefits of federal climate, clean energy, affordable and sustainable housing, clean water, and other investments to disadvantaged communities. More information on the Justice40 Initiative at the EPA can be found at: www.epa.gov/environmentaljustice/justice40-epa.

There are three types of grants within the SWIFR program, which are designed to fund a range of projects that will enable EPA to help states, territories, Tribes, local governments, and communities improve and transform their recycling and materials management infrastructure:

1. SWIFR Grants for States and Territories

2. SWIFR Grants for Tribes and Intertribal Consortia

3. SWIFR Grants for Political Subdivisions6

This NOFO is for the SWIFR Grants for Political Subdivisions. The total estimated funding for this competitive opportunity is approximately $58,000,000. The EPA anticipates awarding approximately 20 to 30 assistance agreements, with at least one award per EPA Region, depending on the quantity and quality of applications received. The minimum individual award amount is $500,000 and the maximum individual award is $5,000,000 for the grant period, which is up to three years. Refer to Section II:

Award Information of this announcement for more information. This NOFO is in alignment with the Biden Administration’s Justice40 Initiative, which set the goal that 40 percent of the overall benefits of certain Federal investments flow to disadvantaged communities. In this NOFO, at least $23,200,000 of the benefits, which in this program is defined as investments, will be set-aside specifically for awards to projects benefitting disadvantaged communities and U.S. Territories (refer to Section III.A: Eligible Applicants for more information).

Materials and waste streams considered under this announcement include: municipal solid waste (MSW), including plastics, organics, paper, metal, glass, etc., electronic waste, batteries, and construction and demolition (C&D) debris. In addition, materials and waste streams considered include the management pathways of source reduction, reuse, sending materials to material recovery facilities, composting, rendering, anaerobic digestion, and feeding animals.

6 Please note that the EPA also refers to this type of grant under SWIFR as “SWIFR Grants for Communities.”

https://www.whitehouse.gov/environmentaljustice/justice40/ https://www.whitehouse.gov/environmentaljustice/justice40/ https://www.epa.gov/environmentaljustice/justice40-epa https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-states-and-territories https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-tribes-and-intertribal-consortia https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-communities https://www.epa.gov/environmentaljustice/justice40-epa

The following activities are not eligible for funding under this solicitation: constructing, improving or operating landfills; incineration; burn units; waste-to-energy (except anaerobic digestion); chemical and thermal recycling; biofuels; and environmental cleanup. Food preprocessing is only eligible when paired with recycling activities. Note: Definitions of some commonly used terms will be posted in a question and answer document on EPA’s Solid Waste Infrastructure for Recycling Grants for Communities webpage.

B. Statutory/Regulatory Authority Criteria

The BIL provides $275,000,000 for grants authorized under Section 302(a) “Post-Consumer Materials Management Infrastructure Grant Program” of the Save Our Seas 2.0 Act (Public Law 116–224) as codified at 33 U.S.C. 4282(a). The BIL funds are available to EPA at $55,000,000 per year from Fiscal Year 2022 to Fiscal Year 2026. Congress appropriated an additional $14,000,000 for grants authorized under Section 302(a) of Save Our Seas 2.0 Act through EPA’s Fiscal Year 2022 Appropriation Act (Public Law 117-103), Fiscal Year 2023 Appropriation Act (Public Law 117-328), and Fiscal Year 2024 Appropriation Act (Public Law 118-122).

Pursuant to Section 302(a) of the Save Our Seas 2.0 Act, the SWIFR grant program will:

• Implement the series of strategies on building a circular economy for all;

• Support improvements to local post-consumer materials management, including municipal recycling programs; and

• Assist local waste management authorities in making improvements to local waste management systems.

C. Key Definitions

Circular economy: As defined in the Save Our Seas 2.0 Act, the term means an economy that uses a systems-focused approach and involves industrial processes and economic activities that are restorative or regenerative by design; enable resources used in such processes and activities to maintain their highest values for as long as possible; and aim for the elimination of waste through the superior design of materials, products, and systems (including business models). A circular economy is embraced within the sustainable materials management (SMM) approach that the United States federal government has pursued since 2009.

Coalitions: EPA recognizes that awards of $500,000 to $5,000,000 may be too large for some small or rural applicants to effectively manage. As a result, coalitions of small or rural eligible entities are eligible under this funding opportunity. Groups of two or more eligible applicants (defined as political subdivisions of states) may choose to form a coalition and submit a single application under this NOFO;

however, one entity must be responsible for the grant. Coalitions must identify which eligible organization will be the recipient of the grant and which eligible organization(s) will be subrecipients of the recipient (the “pass-through entity”). Subawards must be consistent with the definition of that term in 2 CFR Part 200.1 and comply with the EPA’s Subaward Policy. The pass-through entity that administers the grant and subawards will be accountable to the EPA for proper expenditure of the funds and reporting and will be the point of contact for the coalition. As provided in 2 CFR Part 200.332, subrecipients are accountable to the pass-through entity for proper use of EPA funding. Any contracts for services or products funded with EPA financial assistance must be awarded under the competitive procurement procedures of 2 CFR Part 200 and/or 2 CFR Part 1500, as applicable.

https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-communities#updates https://www.congress.gov/bill/116th-congress/senate-bill/1982/text https://www.congress.gov/bill/117th-congress/house-bill/2471/text https://www.congress.gov/bill/117th-congress/house-bill/2617/text https://www.congress.gov/bill/118th-congress/house-bill/4366/text https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients

The regulations at 2 CFR Part 1500.10 contain limitations on the extent to which EPA funds may be used to compensate individual consultants. Refer to the Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements for guidance on competitive procurement requirements and consultant compensation. EPA advises against naming a procurement contractor

(including a consultant or brand-name equipment) as a “partner” or otherwise in your application unless the contractor has been selected in compliance with competitive procurement requirements.

Applicants who choose to name a contractor must demonstrate that they have already complied with all applicable competitive procurement contracting requirements.

Disadvantaged community: A disadvantaged community is a census tract identified by the Climate and Economic Justice Screening Tool that is at or above the threshold for one or more environmental, climate, or other burdens, and is at or above the threshold for an associated socioeconomic burden; or is a Federally Recognized Tribe.

Note: Under this announcement where considerations are given to disadvantaged communities, EPA will also give similar consideration consistent with 33 U.S.C. 4282 to all communities located in a U.S.

Territory (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, Commonwealth of Northern Mariana Islands).

Applicants must submit a screenshot of CEJST along with a brief narrative to illustrate that the proposed project will benefit a disadvantaged community, and/or that the proposed project is located in a U.S.

Territory. Applicants from territories can attest that they are located in a territory without submitting a screenshot of CEJST. If a project is intended to serve multiple communities, only one needs to be meet the definition of disadvantaged community as defined by the CEJST or be located in a U.S. Territory in order to be considered a Track 1 application.

Environmental justice (EJ): “Environmental justice” means the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people:

• are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and

• have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.

Political subdivisions: Local governments are generally political subdivisions of states and differ from state and federal governments in that their authority is not based directly on a constitution. Each state constitution or other law describes in detail a procedure for establishing local governments as political subdivisions. In most cases the state legislature must approve the creation or incorporation of a local government. The local government then receives a charter defining its organization, authority and responsibilities, including the means for electing governing officials. Local government units bear a variety of names, such as city, county, township, village, parish, district, etc. The legal significance of these terms may vary from state to state. The authority of local governments varies greatly. Generally, a local government has the authority to:

• Impose taxes,

• Try people accused of breaking local laws or ordinances; and https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance https://screeningtool.geoplatform.gov/en/ https://screeningtool.geoplatform.gov/en/

• Administer local programs within its boundaries.

Depending on state law, political subdivisions may include other types of entities including those identified in the definition of Local government at 2 CFR Part 200.1 and state institutions of higher education.

Post-consumer materials management: As defined in the Save Our Seas 2.0 Act, the term refers to the systems, operation, supervision and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including collection; transport;

and systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished.

When considering post-consumer materials management, it is important to include MSW, including plastics, food, paper, metal, glass, etc., and C&D debris), as well as the management pathways of source reduction and reuse, sending materials to material recovery facilities, composting, rendering, anaerobic digestion, and feeding animals.

D. Program Vision and Goals

This NOFO has the following goals:

• Fund a range of projects that will help local governments and communities improve and transform their post-consumer materials management infrastructure;

• Fund projects that will result in a significant decrease in the generation of MSW and/or an increase in the diversion of MSW from landfills and incineration; and

• Fund innovative solutions and programs that provide or increase access to prevention, reuse, mechanical recycling, anaerobic digestion, and composting.

This program aims to deliver 40 percent of the overall benefits of climate, clean energy, affordable and sustainable housing, clean water, and other investments to disadvantaged communities, consistent with the Justice40 Initiative. More information on can be found at: https://www.epa.gov/environmentaljustice/justice40-epa.

E. Program Tracks

Under this NOFO, EPA will fund projects under two tracks:

• Track 1: Projects that benefit disadvantaged communities as defined under Section I.C: Key

Definitions of this NOFO.

o Under this announcement where considerations are given to disadvantaged communities, EPA will also give similar consideration consistent with 33 U.S.C. 4282 to all communities located in a U.S. Territory (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands). Applicants must submit a screenshot of CEJST along with a brief narrative to illustrate that the proposed project will benefit a disadvantaged community. Applicants from territories can attest that they are located in a territory without submitting a screenshot of CEJST. If a project is intended to serve multiple communities, only one needs to be meet the definition of disadvantaged community as defined by the CEJST or be located in a U.S.

Territory in order to be considered a Track 1 application.

https://www.epa.gov/environmentaljustice/justice40-epa o EPA anticipates that approximately 40% (or $23,200,000) of the funding will be awarded to projects that benefit disadvantaged communities.

• Track 2: Projects that benefit all other communities that do not meet the definition of disadvantaged communities as defined under Section I.C: Key Definitions of this NOFO and/or are not located in a U.S. Territory.

Applications must clearly indicate and provide adequate proof that the proposed project(s) fall under Track 1 or Track 2. If an application does not provide adequate proof that it qualifies for Track 1, EPA reserves the right to automatically re-assign an application to Track 2. Reassignment from Track 1 to Track 2 does not make an application less competitive. To qualify for Track 1, applications must demonstrate that the proposed project or project(s) will benefit a community that meets the definition of disadvantaged community as defined under Section I.C: Key Definitions of this NOFO and/or be located in a U.S. Territory. If a project is intended to serve multiple communities, only one community needs to meet the definition of disadvantaged community as defined above or be located in a U.S. Territory in order to be considered a Track 1 application. EPA reserves the right to determine under which track the application falls based on the justification provided in the application.

There is no cost sharing or match requirement associated with this grant program. Voluntary cost share will not be accepted under this competition. Applicants’ project budgets, including on the Standard Form 424A, should only include costs that will be borne by SWIFR funding.

F. Scope of Work

The EPA is soliciting applications for a wide variety of projects that are designed to build and transform solid waste infrastructure in the U.S. to equitably reduce waste and manage materials to achieve a circular economy, reduce greenhouse gas emissions, and create cleaner, resilient, and healthier communities. It is anticipated that projects will enable the EPA to help eligible partners significantly transform their post-consumer materials management infrastructure. Projects will create new capacity for, optimize existing capacity of, or identify strategies that result in an increase in management of post-consumer materials. The EPA also recognizes and encourages applications that demonstrate innovative solutions and programs that provide or increase access to prevention, reuse, recycling, anaerobic digestion, and composting opportunities in areas that currently do not have access.

In addition, the EPA is seeking post-consumer materials management projects that address environmental justice concerns and focus predominantly on addressing the disproportionate and adverse human health, environmental, climate-related and other cumulative impacts, as well as the accompanying economic challenges of such impacts that have affected and/or currently affect:

• people/communities of color;

• low income, tribal, and indigenous populations; and

• if applicable other vulnerable populations such as the elderly, children, and those with pre-existing medical conditions.

All applications must address one or more of the following objectives, as they relate to the track under either Track 1 or Track 2:

• Establish, increase, expand, or optimize collection and improve materials7 management infrastructure8;

• Fund the creation and construction of tangible infrastructure, technology, or other improvements to reduce contamination in the recycled materials stream;

• Establish, increase, expand, or optimize capacity for materials management;

• Establish, improve, expand, or optimize end-markets for the use of recycled commodities; or

• Demonstrate a significant and measurable increase in the diversion,9 recycling rate,10 and quality of materials collected for municipal solid waste.

Applications may also include (but are not limited to) projects that fund:

• Programs that provide or increase access to prevention, reuse, and recycling in areas that currently do not have access; including development of and/or upgrades to drop-off and transfer stations (including but not limited to a hub-and-spoke model in rural communities), etc.;

• The purchase of recycling equipment, including but not limited to sorting equipment, waste metering, trucks, processing facilities, etc.;

• Upgrades to material recovery facilities (MRFs) such as optical sorters, artificial intelligence, etc.;

• Education and outreach activities as a minor element of larger eligible projects that are funded by the grant;

• Construction of and/or upgrades to composting facilities or anaerobic digesters to increase capacity for food and organics recycling;

• Development of and/or upgrades to curbside collection programs or drop-off stations for organics;

• Development of and/or upgrades to reuse infrastructure (e.g., online reuse platforms, community repair spaces, technology and equipment to improve materials management reuse options, food donation, upcycling, staging areas for material reuse/donation, reuse warehouses, reuse centers, and electronic waste and computer recycling and refurbishing) and/or

• Other activities that the applicant believes will further the objectives of the NOFO, provided those activities are eligible for funding under statute and the terms of this NOFO.

The following activities are not eligible for funding under this solicitation: constructing, improving or operating landfills; incineration; burn units; waste-to-energy (except anaerobic digestion); chemical and thermal recycling; biofuels; and environmental cleanup. Food preprocessing is only eligible when paired with recycling activities.

G. General Environmental Results and EPA Strategic Plan Information

Pursuant to Section 6.a. of EPA Order 5700.7A1, “Environmental Results under EPA Assistance Agreements,” EPA must link proposed assistance agreements with the Agency’s Strategic Plan. EPA also requires that grant applicants and recipients adequately describe environmental outputs and outcomes to be achieved under assistance agreements (see EPA Order 5700.7A1, Environmental Results under Assistance Agreements).

7 Materials and waste streams considered under SWIFR include: municipal solid waste (MSW), including plastics, organics, paper, metal, glass, etc., electronic waste, batteries, and construction and demolition (C&D) debris. In addition, materials and waste streams considered include the management pathways of source reduction, reuse, sending materials to material recovery facilities, composting, rendering, anaerobic digestion (AD), and feeding animals.

8 Examples of materials management infrastructure includes but is not limited to: recycling/composting facilities, secondary processing facilities, and other facilities that manage MSW.

9 Measured in tons of material diverted from landfill disposal or incineration.

10 As defined by the Modeling Recycling Program Toolkit, available on the EPA’s website.

https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/rcra/recycling-education-and-outreach

The activities to be funded under this solicitation support the FY 2022-2026 EPA Strategic Plan. Awards made under this solicitation will directly support Goal 6 – Safeguard and Revitalize Communities, Objective 6.2 – Reduce Waste and Prevent Contamination of EPA’s Strategic Plan. All applications must be for projects that support this goal and objective.

H. Linkages to National Strategies

National Recycling Strategy In alignment with Section I.F: Scope of Work, the activities to be funded under this solicitation will support the National Recycling Strategy (NRS). Awards made under this solicitation will support one or more of the following objectives of the NRS:

a) Improve markets for recycled commodities;

b) Increase collection and improve materials management infrastructure;

c) Reduce contamination in the recycled materials stream;

d) Enhance policies and programs to support circularity; and

e) Standardize measurement and increase data collection.

National Strategy for Reducing Food Loss and Waste and Recycling Organics The activities to be funded under this solicitation may, but are not required to, support the National Strategy for Reducing Food Loss and Waste and Recycling Organics. Awards made under this solicitation may support the following objectives of this strategy:

a) Support the development of additional organics recycling infrastructure through grants and other assistance for all communities, especially those that are underserved;

b) Expand the market for products made from recycled organic waste;

c) Enhance support to advance de-centralized (i.e., community-scale, on-farm and home composting) organics recycling, with emphasis on Tribal communities and communities with environmental justice concerns; and

d) Address contamination in the organic waste recycling stream.

I. Minority Serving Institutions

Under the Save Our Seas 2.0 Act, entities eligible to apply for funding under this solicitation include political subdivisions of states. State colleges and universities, including those that are state Minority Serving Institutions (MSIs), may be eligible for funding and must include in their applications proof of eligibility as an entity that is a political subdivision of the state. Examples of acceptable forms of proof include legal opinions from the state Attorney General or equivalent or from the Chief Legal Officer of the state college or university. Eligibility to apply for funding under this solicitation are discussed in more detail in Section III.A: Eligible Applicants.

The EPA recognizes that it is important to engage all available minds to address the environmental challenges the nation faces. At the same time, the EPA seeks to expand the environmental conversation by including members of communities which may have not previously participated in such dialogues to participate in the EPA’s programs. For this reason, the EPA strongly encourages all eligible applicants identified in Section III: Eligibility Information, including minority serving institutions (MSIs), to apply under this opportunity.

For purposes of this solicitation, the following are considered MSIs:

https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/recyclingstrategy/strategies-building-circular-economy-all https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics

1. Historically Black Colleges and Universities, as defined by the Higher Education Act (20 U.S.C.

§ 1061(2)). A list of these schools can be found at Historically Black Colleges and Universities;

2. Tribal Colleges and Universities (TCUs), as defined by the Higher Education Act (20 U.S.C. § 1059c(b)(3) and (d)(1)). A list of these schools can be found at Tribal College or University;

3. Hispanic-Serving Institutions (HSIs), as defined by the Higher Education Act (20 U.S.C. § 1101a(a)(5)). A list of these schools can be found at Hispanic-Serving Institutions;

4. Asian American and Native American Pacific Islander-Serving Institutions; (AANAPISIs), as defined by the Higher Education Act (20 U.S.C. § 1059g(b)(2)). A list of these schools can be found at Asian American and Native American Pacific Islander-Serving Institutions; and

5. Predominately Black Institutions (PBIs), as defined by the Higher Education Act of 2008, 20 U.S.C. § 1059e(b)(6). A list of these schools can be found at Predominately Black Institutions.

J. Measuring and Reporting Environmental Results: Outputs and Outcomes

Pursuant to EPA Order 5700.7, “EPA’s Policy for Environmental Results under Assistance Agreements,” EPA requires that all grant applicants and recipients adequately address environmental outputs and outcomes. Outputs and outcomes differ both in their nature and in how they are measured.

Outputs. The term “output” means an environmental activity, effort, and/or associated work product related to an environmental goal and objective that will be produced or provided over a specified period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period.

Outcomes. The term “outcome” means the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be qualitative and environmental, behavioral, health-related, or programmatic in nature. Applications must include a description of anticipated project outcomes resulting from the project outputs, even if the outcome to be achieved is beyond the assistance agreement funding period.

Include the quantitative target associated with the outcome, as appropriate.

EPA encourages applicants to discuss all of the following environmental outputs and outcomes in the Project Narrative Attachment. Successful applicants that receive grants must report on all of the measures described below, even if the anticipated result is “0” or “not applicable.”

• Number of infrastructure investments/enhancements made spanning the spectrum of collection through end market development (e.g., bins purchased, post-consumer materials management systems created, technology improvements made);

• Tons of MSW/C&D collected, recycled, composted, or managed via each relevant management pathway in the community served by the project;

• Tons of MSW/C&D generated per material type (e.g., plastic, food waste, etc.) and source in the community (e.g., household, school, or business) served by the project;

• GHG reduced (in metric tons of carbon dioxide equivalent/MTCO2e) from collection, recycling, composting or management via other management pathways;

• Number of temporary or permanent jobs created;

• Percentage of political subdivisions served as a result of establishing, increasing, expanding, or optimizing collection; and

• Number of disadvantaged communities served (as defined by this solicitation) as a result of establishing, increasing, expanding, or optimizing collection.

https://nces.ed.gov/COLLEGENAVIGATOR/?s=all&sp=4&pg=1 https://msiexchange.nasa.gov/institutions?qp%5B0%5D=categories__name&qo%5B0%5D=is&qv%5B0%5D=Tribal%20College%20or%20University https://sites.ed.gov/hispanic-initiative/hispanic-serving-institutions-hsis/ https://www.google.com/maps/d/u/0/viewer?mid=1XVkOWKMDORm53pvU0L8EPsrJC94&msa=0&ie=UTF8&t=m&z=3&source=embed&ll=40.58644586187277%2C-148.28228249999984 https://www.google.com/maps/d/u/0/viewer?mid=1wlIi3j7gtlNq_w-0NKAb2bF2VmY&ie=UTF&msa=0&ll=37.35160769312534%2C-96.17229800000001&z=4 https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

A note about surveys and the OMB regulations implementing the Paperwork Reduction Act (PRA): Grant recipients cannot use EPA funds to design nor administer the collection of identical information from 10 or more parties (for example, through surveys or focus groups). Reasonable costs for analyzing and publishing the independently collected information are allowable to the extent authorized in the EPA approved budget for this agreement.

K. Additional Provisions for Applicants Incorporated into The Solicitation

Additional provisions that apply to Section III: Eligibility Information, Section IV: Application and Submission Information, Section V: Application Review Information, and Section VI: Award Administration Information of this solicitation and/or awards made under this solicitation, can be found at EPA Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications for this solicitation. If you are unable to access these provisions electronically at the website above, please contact the EPA point of contact listed in this solicitation Section VII: Agency Contact to obtain the provisions.

SECTION II. AWARD INFORMATION

A. What is the amount of available funding?

The EPA anticipates awarding a total of approximately $58,000,000 under this announcement, depending on the availability of funds, quantity and quality of applications received, and other applicable considerations.

Additionally, because Justice40 sets a goal that 40 percent of the overall benefits of certain Federal investments flow to disadvantaged communities, which is defined in Section I.C: Key Definitions for the purposes of this NOFO, the EPA expects to award approximately 40 percent of the total funding available, or $23,200,000, to projects that benefit disadvantaged communities.

Grant recipients of EPA SWIFR grants in previous rounds of funding are not eligible for funding under this solicitation. The EPA reserves the right to reject all applications and make no awards. The EPA also reserves the right to make additional awards under this solicitation, consistent with Agency policy and guidance, if additional funding becomes available after the original selections are made. Any additional selections for awards will be made no later than 6 months after the original selection decisions.

B. Funding Structure and Program Tracks

The EPA anticipates awarding at least one award per EPA Region, depending on the availability of funds, quantity and quality of the applications received, and other applicable considerations. The minimum individual award is $500,000 and the maximum individual award is $5,000,000 for the grant period, which is up to three years. Refer to Section II: Award Information, of this announcement for more information.

EPA expects to award at least 40 percent of the total, or approximately $23,200,000, to projects that benefit disadvantaged communities (refer to Section I.E: Program Tracks and Section II.A: What is the amount of available funding? for more information), depending on the quality of the applications received. There is no cost share requirement associated with this grant program.

C. How many agreements will EPA award in this competition?

The EPA anticipates awarding approximately 20 to 30 assistance agreements, with at least one award per EPA Region, depending on the quantity and quality of the applications received. The minimum individual award is $500,000 and the maximum individual award is $5,000,000 for the grant period, subject to the availability of funds and the quality of eligible applications received. Applicants may submit separate applications for one or more of the projects described in Section I.F: Scope of Work.

D. Changing the Ratio of Awards When There are Multiple Priorities In A Competition

The actual award amounts and number of projects awarded described in Section I: Funding Opportunity Description may differ from the estimated amounts for many reasons, including the number of quality applications received, agency priorities, and funding availability. The EPA reserves the right to increase or decrease (including decreasing to zero) the total number and amount of awards under each track or change the ratio of assistance agreements it awards among the tracks.

E. Type of Award

The EPA intends to award cooperative agreements under this solicitation. Cooperative agreements provide for substantial involvement between the EPA Project Officer and the selected applicant(s) in the performance of the work supported. Although the EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for these projects may include:

• close monitoring of the successful applicant’s performance to verify the results proposed by the applicant;

• collaboration during performance of the scope of work;

• in accordance with 2 CFR Part 200.325, review of proposed procurement;

• review and approval of Quality Assurance Project Plans (QAPPs) and related documents, or verifying that appropriate Quality Assurance requirements have been met where quality assurance activities are being conducted pursuant to an EPA-approved Quality Assurance Management Plan;

• approving qualifications of key personnel (the EPA will not select employees or contractors employed by the award recipient); and

• review and comment on reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient).

The EPA does not have the authority to select employees or contractors employed by the recipient or subrecipients. The final decision on the content of reports rests with the recipient.

F. Will applications be partially funded?

In appropriate circumstances, the EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If the EPA decides to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process. Applicants may choose to decline partial funding.

G. What is the project period for awards resulting from this solicitation?

The estimated start date for projects resulting from this solicitation is December 2025. All project activities must be completed within the negotiated project performance period of three years.

H. Are pre-award costs allowable?

As provided in 2 CFR Part 1500.9 and 2 CFR Part 200.458, EPA may reimburse successful applicants for pre-award costs “ . . . incurred directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work . . . ”.

EPA interprets these provisions to limit allowable pre-award costs to those costs recipients incur after EPA notifies recipients of selection for competitive funding. Recipients incur pre-award costs at their own risk.

SECTION III. ELIGIBILITY INFORMATION

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

A. Eligible Applicants

Under this announcement, applications will be accepted from political subdivisions of states and territories. The EPA considers counties, cities, towns, parishes, and similar units of governments that have executive and legislative functions to be political subdivisions of states.

Local governments are generally political subdivisions of states and differ from state and federal governments in that their authority is not based directly on a constitution. Each state constitution describes in detail a procedure for establishing local governments. In most cases the state legislature must approve the creation or incorporation of a local government. The local government then receives a charter defining its organization, authority and responsibilities, including the means for electing governing officials. Local government units bear a variety of names, such as city, county, township, village, parish, district, etc. The legal significance of these terms may vary from state to state. The authority of local governments varies greatly. Generally, a local government has the authority to:

o Impose taxes;

o Try people accused of breaking local laws or ordinances; and o Administer local programs within its boundaries.

Other entities (e.g., state or territorial institutions of higher education, special districts, housing authorities) must provide a documented legal opinion from the applicant’s legal counsel or equivalent.

The documentation must include a statement that the state or territory in which they are located considers these entities to be a political subdivision of the state. Documentation must also cite applicable state or territorial law. Examples of acceptable forms of proof include legal opinions from the state Attorney General’s office or equivalent or from the applicant’s Chief Legal Officer or equivalent. Please note that EPA cannot interpret state or local laws.