Air Pollution Control Program Support

The objectives of the §105 program are to assist state, tribal, municipal, intermunicipal, and interstate air pollution control agencies in planning, developing, establishing, improving, and maintaining adequate programs for the continuing prevention

To assist state, tribal, municipal, intermunicipal, and interstate air pollution control 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.

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 control 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.

Municipalities (local governments), Intermunicipalities, States, Federally Recognized Indian Tribes, and Interstate and Intertribal agencies.

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, personnel training, 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 or to supplant otherwise available recipient resources.

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 or to supplant otherwise available recipient resources.

The terms of the grant shall be determined at time of award.

This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs" only when proposed Federal financial assistance involves infrastructure planning. EPA financial assistance programs and activities subject to intergovernmental review that are subject to review under State single point of contact procedures are identified at https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section-204. Applicants for programs or activities subject to Intergovernmental Review that are not subject to State single point of contact review must provide directly affected State, areawide, regional, and local entities at least 60 days to review their application following notification by EPA that the application has been selected for funding as provided by 40 CFR 29.8(a) and (c). Discussion with the applicable EPA Regional Office is advised for air program grant applications.

Issuing office will provide location of application procedure details as appropriate.

The criteria for awarding air pollution control program assistance grants are provided in Section 105 of the Clean Air Act. Additional criteria for state and local air pollution control agencies are available in 40 CFR 35.140 through 148. Some of the criteria considered for award to state and local agencies include the following: 1) No grant may be awarded unless the program contained in the grant application meets the requirements of 40 CFR 35.140 (program purposes and associated regulations) and has been approved by the Regional Administrator. 40 CFR 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 technical 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) 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 requirements for awarding Section 105 grants to tribal air pollution control agencies are described in 40 CFR 35.570 through 578.

For competitive awards, EPA will review and evaluate applications 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. For non-competitive awards made under this assistance listing, EPA will conduct an administrative evaluation to determine the adequacy of the application in relation to grant regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will then advise the applicant if funding is being considered. A final work plan will then be negotiated with the applicant.

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 found at: https://www.epa.gov/grants/grant-competition-dispute-resolution-procedures. Disputes relating to matters other than the competitive selection of recipients will be resolved under 2 CFR 1500 Subpart E, as applicable.