Superfund Technical Assistance Grants (TAG) for Community Groups at National Priority List (NPL) Sites

The statutory authority for this project is CERCLA 117(e) as amended by 42 USC 9617(e); it authorizes Technical Assistance Grants (TAGs) to be awarded to groups of individuals affected by or threatened by a release at a Superfund site so that they ca

The grant is for nonprofit community groups who want to better understand the cleanup of their local Superfund sites. The grant funds are used to contract a technical advisor to help the community group understand the site cleanup and technical information. The community group also helps the rest of the community understand the Superfund site cleanup through their technical advisor. With the help of the technical advisor the community is than more able to provide technical comments for EPA to consider when making cleanup decisions at the site.

Applicant eligibility is addressed under the TAG regulations, 40 CFR 4020. A group is eligible if: 1. The group is made up of people who may be "affected" by a release or threatened release at any facility listed on the National Priorities List (NPL) or proposed for listing under the National Contingency Plan where a "response action" under CERCLA has begun; 2. The group meets minimum administrative and management capability requirements found in 2 CFR 200 by demonstrating they have or will have reliable procedures for record keeping and financial accountability related to TAG management; and 3. The group incorporates as a state nonprofit for the specific purpose of representing "affected" individuals at the site. "Affected" means subject to an actual or potential health, economic or environmental threat. A group is ineligible if: (a) The group is a "potentially responsible party" (PRP), receives money or services from a PRP, or represents a PRP; (b) The group is affiliated with a national organization; (c) The group is an academic institution; (d) The group is a political subdivision; (e) The group was established or is presently sustained by any of the ineligible entities listed above; or (f) The group is not incorporated as a nonprofit organization for the specific purpose of representing affected people except as provided in 40 CFR 35.4045.

This program benefits groups of individuals affected by Superfund hazardous waste sites. Groups should be representative of the community affected by the Superfund site, which may include homeowners, land/property owners, local businesses, as well as any other individuals in the general public who live near a site.

The assistance must be used for reviewing Superfund site cleanup documents, data and decisions. All or most of the funding must be used to procure a technical advisor(s) to help in understanding the nature of the environmental and public health hazards at the site, or the various stages of health and environmental investigations and activities, cleanup, and operation and maintenance of a site, including exposure investigation, health study, surveillance program, health promotion activities (for example, medical monitoring and pediatric health units), remedial investigation, and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, and removal.

Limitations: (a) Federal funds cannot be used to develop new primary data, such as conducting independent testing and monitoring activities at a site. (b) Grant funds cannot be used for lawsuits or other legal actions, or attorney fees for services connected to any legal action or that could result in a relationship to which attorney/client privileges applies. (c) Grant funds cannot be applied towards a technical advisor's time spent assisting an attorney in preparing a legal action or preparing and serving as an expert witness at any legal proceedings. (d) Grant funds cannot be used for any activities or expenditures for recipient group members' travel. (e) Grant funds cannot be used for political activity and lobbying. (f) Grant funds cannot be used for generation of new health data through biomedical testing (for example, blood or urine testing), clinical evaluations, health studies, surveillance, registries, and/or public health investigations. (g) Grant funds cannot be used for activities that are unallowable under the cost principles stated in 2 CFR 200 Subpart E. (h) Grant funds cannot be used for tuition or other training expenses for recipient group's members. (i) Grant funds cannot be used to reopen or challenge final EPA decisions.

A grant may be available from the time a site is proposed for listing under the National Contingency Plan (NCP) and a response action has begun, until the site is delisted from the National Priorities List (NPL). This time span varies based on the complexity of the site cleanup. For each award, the grant period is determined by the time needed to complete the scope of work stated in the grant application and through negotiations with EPA (this is generally a period of three years or greater). A group may submit a Letter of Intent (LOI) to apply for a TAG at any eligible site at any point in the site cleanup. However, there can only be one TAG at a time awarded at a site. If there is an active TAG at site, then the TAG for the site will not be available until that grant closes.

Preapplication coordination with your TAG Coordinator and/or TAG Project Officer is strongly encouraged. Groups wishing to apply for a TAG must first submit to EPA a letter of intent (LOI). Regional TAG coordinators are available to assist applicants in understanding what types of information are required in the application and answer questions about the application process. Groups interested in applying for a TAG can find their regional TAG coordinator/TAG Project Officer on EPA's webpage at: https://www.epa.gov/superfund/technical-assistance-grant-tag-program#tab-4.

Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov. Applicants should coordinate with the Regional TAG Coordinator and/or TAG Project Officer to obtain the Funding Opportunity Number that has been set up for the site-specific TAG. Standard forms and instructions will be under the funding opportunity number. Applicants are encouraged to work with their Regional TAG Coordinator and/or TAG Project Officer throughout the application process. The information required in the application reflects the requirements under 40 CFR Part 35. An applicant for a TAG must submit the following materials as part of their application: • A budget showing the proposed expenditure of funds, how the funds and other resources, including the required 20 percent match, will be used to complete the project, and how the budget figures were derived. • A document addressing the group's eligibility based on 40 CFR 35.4020 (see Applicant Eligibility section of this Assistance Listing) and 40 CFR 35.4155(a) - how the applicant group is representative of groups and individuals affected by the Superfund site. • A scope of work showing how the group intends to use their procured technical advisor and how the group intends to share and disseminate the technical advisor's information to the larger affected community. For more information on the TAG application process see https://www.epa.gov/superfund/applying-technical-assistance-grant-tag.

The evaluation and selection criteria for awards under this assistance listing are described in the programmatic regulations (40 CFR Part 35). In selecting a proposal: 1) EPA will determine if a group meets the following eligibility criteria: (a) The community group is a group of people who may be "affected" by a release or a threatened release at any facility listed on the NPL or proposed for listing under the NCP where a response action is underway; (b) The group meets the minimum administrative and management capability requirements found in 2 CFR 200 by demonstrating they have or will have reliable procedures for record keeping and financial accountability related to managing the TAG; and (c) the applicant group is not among the ineligible entities listed in 40 CFR 4020 (also see Applicant Eligibility section of this Assistance Listing). 2) Once EPA determines if eligibility requirements have been met, the Agency considers whether and how successfully a group meets the following, equally weighted, criteria: (a) Representation of groups and individuals affected by the site; (b) The group's plans to use the services of a technical advisor throughout the Superfund response action; and (c) The group's ability and plan to inform others in the community of the information provided by the technical advisor. 3) Additionally, a group must be incorporated with or have submitted paperwork for a state nonprofit status for the purpose of participating in decision making at the Superfund site for which the TAG was granted (for exception see 40 CFR 35.4045). Applicant groups should consult with the Regional TAG Coordinator for details on applying for a TAG.

1) A TAG review team in the EPA Regional Office reviews the application and sends a letter containing written comments telling the applicant what, if any, information is needed to make the application complete. 2) An applicant group has 90 days from the date of the EPA letter to make changes to their application and resubmit it to EPA. If the changes are not submitted within the 90-day period, the application will be returned unprocessed. 3) EPA determines the applicant's eligibility under 40 CFR 35.4020 and considers whether and how successfully the group meets three equally weighted criteria in 40 CFR 35.4155 (See Assistance Listing section "Criteria for Selecting Proposals"). When multiple groups apply, EPA will rank each applicant relative to other applicants using the three equally weighted criteria. 4) If an applicant is not going to be awarded a TAG, EPA will send a letter of rejection to the applicant. 5) If an application is approved for an award, a grant agreement document (EPA Form 5700-20A) is signed by the EPA award official. This document becomes an offer from EPA to the applicant. Award offers are mailed to the recipient five working days after the award official signs the agreement.

Groups interested in applying for a TAG are encouraged to contact their regional TAG coordinator(s) for application deadlines. (See list at: https://www.epa.gov/superfund/technical-assistance-grant-tag-program#tab-4). To apply for a TAG, groups must first submit a letter of intent (LOI). If an initial LOI for a site is received and site work is underway or scheduled to begin and there isn't currently a TAG for the site, EPA will publish a notice in the local newspaper. Groups have 30 days from the date of notice to submit their own LOIs. The published announcement informs the community of the timeframe for submitting an LOI and application. The notice encourages other interested groups to consolidate and submit joint applications or submit separate applications. Groups may request an extension to the period for submitting an LOI. After the first 30 days, there are an additional 30 days to submit a completed application. EPA will only consider applications submitted within the timeframe

Generally from 5 to 9 weeks after an application is considered complete.

Additional funding awards and time extensions are allowable under the TAG regulations, subject to EPA approval. Grant waiver requests are made at the end of the budget period and are based on the requirements of 40 CFR §35.4065, which lists criteria which must be met for additional funding. Project periods are negotiated and to a large degree based on site activities and milestones.

Disputes relating to matters other than the competitive selection of recipients will be resolved under 2 CFR 1500 Subpart E, as applicable.