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| 66.700 CONSOLIDATED PESTICIDE ENFORCEMENT COOPERATIVE AGREEMENTS |
| FEDERAL AGENCY |
| OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTION AGENCY |
| AUTHORIZATION |
| Federal Insecticide, Fungicide, and Rodenticide Act, Section 23, as Amended, Public Law 92-516, as amended; Public Laws 94-140 and 95-396, 7 U.S.C. 136 et seq. |
| OBJECTIVES |
| To (a) Assist States, territories and possessions of the U.S., including the District of Columbia and Indian Tribes, in developing and maintaining comprehensive pesticide programs that address all aspects of pesticide enforcement, and special pesticide initiatives; (b) sponsor cooperative surveillance, monitoring and analytical procedures; and (c) encourage regulatory activities within the States. Funding Priority: State, Territorial, and Tribal agencies participating in this cooperative agreement program receive funds to support and strengthen their pesticide compliance programs, including pesticide compliance monitoring, inspection and enforcement activities. Funding Priority -- Fiscal Year 2008. Two specific compliance monitoring and enforcement activities have been identified as major priorities for this program: the pesticide workers' protection program and pesticides used to protect public health. Other typical program activities include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, and initiation of appropriate enforcement action when violations are detected including civil and criminal prosecution, stop sale orders, seizures, recalls and warning notices. Funding Priority -- Fiscal Year 2009. Two specific compliance monitoring and enforcement activities have been identified as major priorities for this program: the pesticide workers' protection program and pesticides used to protect public health. Other typical program activities include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, and initiation of appropriate enforcement action when violations are detected including civil and criminal prosecution, stop sale orders, seizures, recalls, and warning notices. |
| TYPES OF ASSISTANCE |
| Project Grants (Cooperative Agreements). |
| USES AND USE RESTRICTIONS |
| Available for costs specifically incurred in purchasing inspectional supplies and equipment; reimbursing State travel and per diem expenses associated with the performance of grant outputs; purchasing essential laboratory equipment and supplies; paying salaries for personnel performing inspectional, analytical and/or managerial functions related to grant activities, and for administrative costs associated with the performance of grant outputs. There are no specific restrictions on the use of this assistance. |
| Applicant Eligibility |
| State agencies having pesticide compliance program responsibilities in each State, territory and possession of the U.S., including the District of Columbia, and Indian Tribes. |
| Beneficiary Eligibility |
| States, Federally Recognized Indian Tribal Governments, U.S. Territories and the District of Columbia. |
| Credentials/Documentation |
| The application must supply evidence of legal authority to conduct pesticide compliance activities contemplated under the grant and a workable program officially adopted for the agency. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments. |
| Preapplication Coordination |
| Discussions or informal meetings with Regional program offices concerning program preparation are advisable. The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program. This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| Requests for application form and completed applications should be submitted to the appropriate EPA Regional Office (see Appendix IV of the Catalog). The enforcement 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. |
| Award Procedure |
| Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project. States will be notified of Federal Assistance Awards through the Federal Assistance Awards Data System (FAADS). Applicants may use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. |
| Deadlines |
| Applications are due 60 days prior to the beginning of the budget period, normally August 1. |
| Range of Approval/Disapproval Time |
| About 60 days. |
| Appeals |
| Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. |
| Renewals |
| Applicants must reapply. |
| Formula and Matching Requirements |
| Not applicable. |
| Length and Time Phasing of Assistance |
| Projects are normally funded for a 12-month period. Payments will be on an advance letter of credit or reimbursement basis; recipient must request the initial advance payment on SF 270, Request for Advance or Reimbursement. |
| Reports |
| As requested in the Annual Program Guidance for inclusion in the grant award; quarterly with mid-year and year-end evaluations. |
| Audits |
| 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 Nonprofit Organizations," nonfederal 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. Nonfederal 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. |
| Records |
| Financial records including all documents to support entries on accounting records and to substantiate charges to each cooperative agreement must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for three years from the date of the submission of the annual financial status report or longer if questions still remain, such as those raised as a result of audit. |
| Account Identification |
| 68-0103-0-1-304. |
| Obligations |
| FY 07 $19,063,600; FY 08 $ 18,419,000; and FY 09 18,711,000. |
| Range and Average of Financial Assistance |
| Enforcement/States: $31,100(territory) to $676,400; $264,000. |
| PROGRAM ACCOMPLISHMENTS |
| The Consolidated Pesticide Enforcement Cooperative Agreements are continuing environmental program grants. In fiscal years 2007 and 2008, 85 applications for pesticide enforcement grants were received and 85 grants awarded. Agencies participating in the Federal cooperative agreement program receive funds to support and strengthen pesticide compliance monitoring, inspection, and enforcement activities. Typical program activities include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, and initiation of appropriate enforcement action when violations are detected including civil and criminal prosecution, stop sale orders, seizures, recalls, and warning notices. The States will also develop implementation plans for special pesticide initiatives. States will be responsible for dissemination of information and materials related to these pesticide initiatives. States, Territories, and Tribes that are participating in the pesticide enforcement cooperative agreements program conducted 99,750 compliance monitoring inspections in FY 2007. These inspections were conducted at agricultural establishments, pesticide producers and retailers, ports of entry, at pesticide applicators, as well as at other site where pesticides were distributed, sold, or used. As a result of these inspections, 18,015 enforcement actions were initiated in FY 2007 (civil and criminal actions, license suspensions or revocation, warning letters,). For FY 2008, the number of inspections is expected to be between 90,000 and 105,000. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR Part 31); Environmental Protection Agency, State and Local Assistance (40 CFR Part 35 Subpart A), October 12, 1982. |
| Regional or Local Office |
| Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog. |
| Headquarters Office |
| Al Havinga, Office Of Compliance, Office of Enforcement and Compliance Assurance (2225A), EPA, Washington, DC 20460. Telephone: (202) 564-4147. Fax: 202-564-0085. E-mail: havinga.al@epa.gov. |
| Web Site Address |
| http://www.epa.gov/compliance |
| RELATED PROGRAMS |
| None. |
| EXAMPLES OF FUNDED PROJECTS |
| State agencies participating in the Federal/State cooperative agreement program receive funds to support and strengthen their pesticide compliance programs, including pesticide compliance monitoring, inspection and enforcement activities as well as special pesticide initiatives activities. Typical program activities, include inspections and observations at pesticide application sites to ensure user compliance with label directions and acceptable use practices, inspections of pesticide products at producing facilities and in the retail marketplace to ensure industry compliance with registration, classification, and labeling requirements, inspections and investigations at ports of entry to assess compliance with import and export requirements, and initiation of appropriate enforcement action when violations are detected, including civil and criminal prosecution, stop sale orders, seizures, recalls and notices. The special pesticide initiatives are new projects, which include the development of State management plans for the protection of groundwater and endangered species from pesticides and development of worker protection programs. |
| CRITERIA FOR SELECTING PROPOSALS |
| Each application will be reviewed by the Environmental Protection Agency according to the following criteria: (1) Need: The need for the development, improvement and/or maintenance of a comprehensive pesticides enforcement program within the State that includes enforcement, new initiative programs, and programs that address existing environmental problems, potential problems, and/or existing exposed populations related to the use of pesticides. (2) State Pesticide Activity: The relative amount of pesticide production, formulation and use in a State, and the potential risk to human health and the environment from pesticide misuse or abuse. (3) Long-Term Impact: The potential of the cooperative agreement to have a long-term beneficial impact on human health and the environment resulting from the comprehensive pesticide program. (4) Effectiveness of program: The past level and effectiveness of the State pesticide program. (5) level of activity as indicated by such factors as numbers of farms and numbers of applicators. (6) Magnitude of effort needed to accomplish expected outputs and products; and (7) Ability to accomplish output goals. |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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