National Environmental Performance Partnership System FY 2012 Guidance Office of Congressional and Intergovernmental Relations Office of the Administrator Publication Number: 140B11002 ------- National Environmental Performance Partnership System FY 2012 National Program Guidance CONTENTS EXECUTIVE SUMMARY 3 Explanation of Changes from FY 2011 5 GUIDANCE 6 Goals and Objectives for FY 2012 7 Goal I: Conduct joint strategic planning that reflects Performance Partnership 7 principles in PPAs/PPGs or comparable EPA-state and EPA-tribal agreements and grant workplans. Goal I: Objectives 7 Goal II: Implement the Administrator's priorities as reflected in the FY2011- 10 2015 EPA Strategic Plan and FY 2012 Budget through PPAs, PPGs and other EPA-state and EPA-tribal agreements. Goal II: Objectives 10 Goal III: Foster programmatically sound and fiscally responsible PPG 12 management practices. Goal III: Objectives 12 Appendix A: Programs Eligible for Inclusion in PPGs 15 NEPPS National Guidance FY 2012 ------- EXECUTIVE SUMMARY I. Program Office Office of Congressional and Intergovernmental Relations (OCIR) FY 2012 Guidance for National Environmental Performance Partnership System (NEPPS). II. Introduction/Context Performance Partnerships - through which EPA and states and tribes set priorities and design strategies together - are integral to planning and implementing our national environmental programs. To advance the joint planning that is central to Performance Partnerships, OCIR is issuing this guidance to the regions in conjunction with the Agency-wide process for production and review of national program guidance through the Office of the Chief Financial Officer (OCFO). This FY 2012 guidance sets out the goals and objectives for Performance Partnerships. In January 2010, the Administrator sent a memorandum to all EPA employees outlining her top seven priorities. These are now reflected in the FY 2011-2015 EPA Strategic Plan and FY 2012 Budget. The guidance is aligned with and directly supports these priorities, and contains specific objectives to advance three of the priorities through the NEPPS process: Children's Health, Environmental Justice, and Building Strong State and Tribal Partnerships. In addition, this guidance reflects and supports EPA's commitments and objectives outlined in the Strategic Plan's Cross-Cutting Fundamental Strategy for Strengthening State, Tribal and International Partnerships. III. Goals and Objectives Goal I: Conduct joint strategic planning that reflects Performance Partnership principles in PPAs/PPGs or comparable EPA-state and EPA-tribal agreements and grant workplans. Objectives: 1. Take additional measures to work with states to identify opportunities for enhanced worksharing, resource and workload flexibility and phased implementation of program requirements, especially where budget reductions have negatively affected state programs. 2. Whenever possible, consider NEPPS principles and include all the essential elements in PPAs as identified by a joint EPA-state work group in 2004. Mutual state-EPA priorities should be clearly articulated and distinguished from specific state and EPA priorities. NEPPS National Guidance FY 2012 ------- 3. Identify collaborations to improve state-EPA business processes and promote continuous improvement (for example, by applying LEAN, Kaizen, Value Stream Mapping (VSM) and Six Sigma techniques). 4. Advance Performance Partnership principles through effective collaboration with states on policy and implementation issues, ensuring that requests for flexibility and innovation are addressed. Resolve any disagreements by making full use of the issue resolution process to elevate issues up to and including the highest levels (i.e., RA, AA, DA). 5. Explain and advocate for the use of PPAs and PPGs (including PPAs serving as PPG workplans) as tools for implementing Performance Partnership principles within EPA and with states and tribes. 6. Support state and tribal capacity by encouraging exploration of creative new ways to partner with states and tribes that will augment the progress made through NEPPS. Goal II: Implement the Administrator's priorities as reflected in the FY2011-2015 EPA Strategic Plan and FY 2012 Budget through PPAs, PPGs and other EPA-state and EPA-tribal agreements. Objectives: 1. Use the NEPPS process to leverage funds and activities to advance children's health. 2. Work with states to advance environmental justice by improving environmental conditions and public health in minority, low-income and other vulnerable communities. 3. Support state and tribal capacity and, through strengthened oversight, ensure that programs are consistently delivered nationwide. Strategically use PPAs to organize and articulate mutual compliance and enforcement priorities, and ensure the alignment of commitments in PPGs and other categorical grant workplans to achieve those goals. 4. Ensure that the Administrator's other enumerated priorities are included in regional- state planning discussions. Goal III: Foster programmatically sound and fiscally responsible PPG management practices. Objectives: 1. Ensure the timeliness of state grants. It is a priority for the Agency to ensure the timely award of continuing environmental program grant funds. 2. Implement Grants Policy Issuance (GPI) 09-01: Burden Reduction for State Grants. 4 NEPPS National Guidance FY 2012 ------- 3. Implement Grants Policy Issuance (GPI) 11-03: State Grant Workplans and Progress Reports; continue to report on results of state grant performance measures. 4. Implement Grants Policy Issuance (GPI) 11-01: Managing Unliquidated Obligations and Ensuring Progress under EPA Assistance Agreements. IV. Program Contacts Mike Osinski (OCIR): tel. (202) 564-3792; e-mail: osinski.michael@epa.gov Reynold Meni (OCIR): tel. (202) 564-3669; e-mail: meni.revnold@epa.gov V. OCIR's Feedback Process Upon receiving the draft FY 2012 NEPPS National Guidance from OCIR, OCFO will post it on its website and notify its counterparts in the EPA regional offices. OCFO also will notify the Environmental Council of the States (ECOS) and EPA tribal planning contacts. The review period lasts approximately one month. EPA's regional offices, states/ECOS and other stakeholders may send their comments directly to OCIR's program office contacts (listed above). Regional, state/ECOS and stakeholder comments and suggestions will be considered by OCIR for the final draft of the guidance to be released in early May. VI. Explanation of Changes from FY 2011 This guidance contains minor revisions and updates. It includes: (1) addition on worksharing (Goal I/Objective 1); (2) addition on ECOS-EPA business process improvement MOU (Goal I/Objective 3); (3) rearranging of text to create a new Objective 6 under Goal I; (4) addition on community-based grant projects to the environmental justice section (Goal II/Objective 2); (5) updated Goal Ill/Objective 3 on state grant workplans and performance measures; (6) updated Goal Ill/Objective 4 on grant unliquidated obligations. NEPPS National Guidance FY 2012 ------- National Environmental Performance Partnership System FY 2012 National Program Guidance EPA and states share responsibility for protecting public health and the environment. Since 1995, EPA and states have been implementing the National Environmental Performance Partnership System (NEPPS),1 an environmental performance system designed to improve the efficiency and effectiveness of state environmental programs and state-EPA partnerships. Several fundamental concepts underlie NEPPS. Goals, priorities, and strategies should be based on information about environmental conditions, including consideration of local conditions and respecting the need for a "level playing field" across the country. Performance should be evaluated based on results that are achieved in the environment. By taking full advantage of the unique capacities of EPA and states and leveraging our collective resources most efficiently and effectively, we can achieve the greatest results. Performance Partnerships - in which EPA and states and tribes set priorities, design strategies, and negotiate grant agreements together - are integral to the planning and implementation of our national environmental programs. To advance the joint planning that is central to Performance Partnerships, the Office of Congressional and Intergovernmental Relations (OCIR) is issuing this guidance to the regions in conjunction with the Agency-wide process for production and review of national program guidance through the Office of the Chief Financial Officer (OCFO). This FY 2012 guidance2 sets out overarching goals and objectives for Performance Partnerships. In January 2010, the Administrator sent a memorandum to all EPA employees outlining her top seven priorities. These are now reflected in the FY 2011- 2015 EPA Strategic Plan3 and FY 2012 Budget. The guidance is aligned with and directly supports these priorities, and contains specific objectives to advance three of the priorities through the NEPPS process: Children's Health, Environmental Justice, and Building Strong State and Tribal Partnerships. In addition, this guidance reflects and supports EPA's commitments and objectives outlined in the Strategic Plan's Cross- Cutting Fundamental Strategy for Strengthening State, Tribal and International Partnerships. 1 See Joint Commitment to Reform Oversight and Create a National Environmental Performance Partnership System, at http://www.epa. gov/ocir/nepps/policies guidance.htm. 2 This guidance is a compilation of existing policies and initiatives. It does not impose any legally binding requirements. 3 The FY 2011-2015 EPA Strategic Plan can be found at http://www.epa. gov/ocfo/plan/plan.htm. NEPPS National Guidance FY 2012 ------- Goals and Objectives for FY 2012 Goal I: Conduct joint strategic planning that reflects Performance Partnership principles in PPAs/PPGs or comparable EPA-state and EPA-tribal agreements and grant workplans. Objectives 1. Take additional measures to work with states to identify opportunities for enhanced worksharing, resource and workload flexibility and phased implementation of program requirements, especially where budget reductions have negatively affected state programs. Given the current economic downturn, states are experiencing severe budget shortfalls and high unemployment. Many state environmental agencies are experiencing severe budget cuts and will be challenged to maintain core programs. In this climate, it is particularly important to emphasize EPA's willingness to work collaboratively with the states to develop agreements that capture achievable priorities and commitments and help address state-federal workload overall. Both EPA and the states fulfill critical roles in protecting and improving human health and the environment. By law and through shared experience, EPA and the states must effectively collaborate in the planning and implementation of environmental programs, and ensure compliance with statutory and regulatory requirements in order to succeed. Given the economic challenges the states are now facing, in FY 2011, the Agency is working with the states to evaluate alternate work planning approaches in order to maintain the current levels of delivery of its environmental and public health programs. Regions should utilize the approaches identified from this effort in planning for and implementing Performance Partnerships with the states in FY 2012. Further, the Administrator has placed renewed emphasis on improving the Agency's relationships with the states through the Strategic Plan's Cross-Cutting Fundamental Strategy for Strengthening State, Tribal and International Partnerships. To maintain program performance nationally and to ensure the success of the Partnerships Strategy, the regions are urged to expand the utilization of worksharing with their state partners in developing their FY 2012 program performance commitments. 2. Whenever possible, consider NEPPS principles and include all the essential elements in PPAs as identified by a joint EPA-state work group in 2004. Mutual state-EPA priorities should be clearly articulated and distinguished from state- specific and EPA-specific priorities. NEPPS National Guidance FY 2012 ------- The most effective PPAs contain several "essential elements" established by a joint EPA- state work group4 in 2004. These recommended essential elements5 are listed below: • A description of environmental conditions, priorities, and strategies; Performance measures for evaluating environmental progress; • A process for joint evaluation on how well the PPA is working and an agreement to implement any needed improvements that are identified; A description of the structure/process for mutual accountability, including a clear definition of roles of each party in carrying out the PPA and an overview of how resources will be deployed to accomplish the work; and • A description of how the priorities in the PPA align with those in EPA's Strategic Plan, and/or the state's own strategic (or other related) plan. Incorporating each of these elements still allows for a wide range of PPAs, although it may not be feasible for some PPAs to include all the essential elements. The essential elements may be covered at different levels of detail depending on what is appropriate for a particular state. There is also room for variation in content (e.g., PPAs that cover all programs or just a few programs), as well as in organizational structure and format. In order to clarify the role of each party in carrying out the PPA, to the extent possible, both state and EPA commitments should be delineated. With these elements, the PPA can become the unifying agreement that sets out the relationship between EPA and the state and how they expect to work together to implement the strategies for achieving the goals and objectives in the agreement. 3. Identify collaborations to improve state-EPA business processes and promote continuous improvement (for example, by applying LEAN, Kaizen, Value Stream Mapping (VSM) and Six Sigma techniques). Continuous improvement is one of the core principles of the original NEPPS agreement. Viewing the state-EPA working relationship through that particular lens has led to proven improvements in the quality and efficiency of delivered services and programs. LEAN, Kaizen, VSM, and Six Sigma techniques have been successfully used to improve state and EPA programs and processes such as air and water permitting, Brownfields, Leaking Underground Storage Tanks, and Wetlands. In March 2010, EPA and the Environmental 4 State-EPA Planning Alignment/PPA Work Group, now the Partnership and Performance Work Group. See: http://www.epa.gov/ocir/nepps/policies guidance.htm for the Work Group's findings and recommendations. 5 Note that these essential elements are different from the ones listed in Goal Ill/Objective 3 which are specific to state grant workplans. NEPPS National Guidance FY 2012 ------- Council of States (ECOS) signed a Memorandum of Understanding to affirm the use of administrative business process improvement techniques (Kaizen, Six Sigma, Value Stream Mapping and other methods) to enhance the achievement of environmental goals. The FY 2011- 2015 EPA Strategic Plan also commits EPA to "work with states to seek efficient use of resources" under the Cross-Cutting Fundamental Strategy for Strengthening State, Tribal and International Partnerships. Regions are asked to review the areas of federal-state interaction and identify collaborations to improve efficiency and eliminate waste, using the appropriate business process improvement techniques. Regions should review and apply successful state-regional LEAN exercises, as appropriate. Tools and resources ("how to" guides, case studies) can be found on the EPA and ECOS websites: www.epa.gov/lean and www.ecos.org. 4. Advance Performance Partnership principles through effective collaboration with states on policy and implementation issues, ensuring that requests for flexibility and innovation are addressed. Resolve any disagreements by making full use of the issue resolution process to elevate issues up to and including the highest levels (i.e., RA, AA, DA). The NEPPS issue resolution process (which includes various informal and formal steps culminating in a final decision by the Deputy Administrator) for raising and resolving broad policy and implementation issues related to Performance Partnerships is outlined in EPA's Best Practices Guide for Performance Partnership Grants.6 This is especially appropriate in situations involving denial of a state's request for flexibility and innovation in a PPG. 5. Explain and advocate for the use of PPAs and PPGs (including PPAs serving as PPG workplans) as tools for implementing Performance Partnership principles within EPA and with states and tribes. PPAs and PPGs are valuable tools enabling states to gain greater flexibility in how they use and manage the funds they receive from EPA. PPGs allow states to achieve significant administrative efficiencies, direct resources where they are needed most, implement strategies that cut across program boundaries, or try other innovative solutions to environmental problems. Appendix A provides a list of grant programs eligible for inclusion in PPGs. PPAs are discussed in Objective # 2 above. For instance, states use funds from one program area to address a budget shortfall in another, and meet cost-share requirements by using overmatch from one program to cover the match from another. Using PPG flexibility, states hire temporary personnel, fund emergency activities such as hurricane response, address permit backlogs, and support staff training and travel. They use PPGs to fund multi-media inspections and 6 A direct link to the Guide can be found in the Highlights box on the NEPPS home page at http://www.epa.gov/ocir/nepps/. NEPPS National Guidance FY 2012 ------- permitting, sector compliance/enforcement initiatives, and data system improvements such as participating in the National Environmental Data Exchange Network.7 6. Support state and tribal capacity by encouraging exploration of creative new ways to partner with states and tribes that will augment the progress made through NEPPS. The regions, for example, can extend the Performance Partnership vision and goals to other agencies that receive EPA funds in order to more fully leverage EPA's resources and those of other agencies to address environmental priorities, such as agriculture and public health agencies. In addition, regions can assess the feasibility of developing other innovative, high-level joint agreements that focus on specific environmental problems (e.g., climate change, agriculture, mercury). Goal II: Implement the Administrator's priorities as reflected in the FY2011-2015 EPA Strategic Plan and FY 2012 Budget through PPAs, PPGs and other EPA-state and EPA-tribal agreements. Objectives: 1. Children's Health: Use the NEPPS process to leverage funds and activities to advance children's health. Regional programs must ensure that policies, programs, activities, and standards address disproportionate risks to children. Opportunities to advance children's health issues include: sponsoring joint meetings with counterparts in state environmental departments and health departments to facilitate coordinated actions to better protect children's environmental health; developing region-wide strategies to focus on addressing critical children's health issues within each region. 2. Environmental Justice (EJ): Work with states to advance environmental justice by improving environmental conditions and public health in minority, low-income and other vulnerable communities. Regional programs should work with states to advance policies, programs and activities that address risks to minority, low-income and other vulnerable communities. Opportunities to advance EJ include: (1) developing region-wide strategies through joint meetings with state counterparts to focus on addressing critical environmental justice issues, e.g., lead poisoning, asthma, air and water pollution from CAFOs, and multiple or cumulative exposures to air pollution within each region; and (2) promoting collaboration 7 See http://www.epa. gov/ocir/nepps/speeches_publications.htm for more examples of how states have used PPGs. 10 NEPPS National Guidance FY 2012 ------- with states on individual EPA-funded Community Action for a Renewed Environment (CARE) and EJ grant projects in communities.8 3. States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection, but they are faced with declining tax revenues and fiscal challenges. Strong partnerships and accountability are more important than ever. Support state and tribal capacity and, through strengthened oversight, ensure that programs are consistently delivered nationwide. Strategically use PPAs to organize and articulate mutual compliance and enforcement (C/E) priorities, and ensure the alignment of commitments in PPGs and other categorical grant workplans to achieve those goals. The annual planning process with states for C/E is an integral part of state-EPA planning, and should reflect the shared accountability of EPA and states in protecting the environment and public health. Historically, C/E has not been consistently included in the NEPPS planning process. State-EPA C/E commitments were often developed through a different process and memorialized in separate agreements or workplans. During the last 5-10 years, a number of regions and states have included C/E plans and priorities in strategic PPAs and linked them to commitments in PPGs and individual state grant agreements. Therefore, as a best practice, regions are encouraged to organize and articulate C/E priorities and commitments through the NEPPS process to achieve more comprehensive, integrated and flexible work planning, especially during this time of scarce resources and state budgetary constraints. Enforcement topics should be incorporated into the overall programmatic discussions about priorities, resources and annual commitments in developing PPGs, categorical grant workplans, and PPAs serving as grant workplans. National, regional and state enforcement priorities should be discussed with the goal of identifying the most significant sources and the most serious violations. Regions and states should consider all available options for addressing the most important work within the available resources, including worksharing, innovative approaches, as well as traditional compliance and enforcement tools. Grant workplans should include a clear identification of performance expectations, commitments on targeting, inspection coverage based on the various media Compliance Monitoring Strategies and the flexibilities within each, and the need for timely and appropriate enforcement on the most serious violations at significant sources. Annual commitments should also include corrective actions that have been identified in programmatic reviews as well as the State Review Framework. Finally, regions and states should discuss pilots of innovative approaches for addressing less serious violations that do not directly impact the environment or public health. 8 EPA CARE and EJ Small Grants are provided directly to communities. Many state agencies have chosen to partner with these projects and have provided valuable technical assistance, visibility and in some cases, additional resources to improve community environmental health. See: http://www.epa.gov/care and http://www.epa.gov/environmentaljustice/grants. 11 NEPPS National Guidance FY 2012 ------- 4. Ensure that the following priorities are included in regional-state planning discussions. (Note: these priorities are detailed in individual NPM guidance from OAR, OW, OECA, OPPTS, and OSWER): • Taking Action on Climate Change • Improving Air Quality • Assuring the Safety of Chemicals • Cleaning Up Our Communities • Protecting America's Waters Goal III: Foster programmatically sound and fiscally responsible PPG management practices. Objectives: 1. Ensure the timeliness of state grants. It is a priority for the Agency to ensure the timely award of continuing environmental program (CEP) grant funds. Delays in awarding PPGs (and other state grants) create a variety of problems that affect the states' ability to implement programs. It is a priority for the Agency to ensure the timely award of CEP grant funds.9 This is particularly important during the economic downturn when many states are experiencing budget shortfalls and therefore rely heavily on CEP grant funding. For FY 2012, EPA will issue additional guidance through an Advice of Allowance Letter or communications from the Office of Grants and Debarment (OGD), and, as appropriate, provide goals and strategies for the timely award of FY 2012 CEP grants. 2. Implement Grants Policy Issuance (GPI) 09-01: Burden Reduction for State Grants. Grants Policy Issuance (GPI) 09-01: Burden Reduction for State Grants10 codifies and summarizes actions EPA has taken to address major grant-related issues identified under the Agency's State Reporting Burden Reduction Initiative. Section C. 2, in particular, applies to the reporting frequency of each program included in a PPG. In addition, the ECOS-EPA Burden Reduction Subgroup meets on an ongoing basis to address reductions in state reporting burdens. Regions are encouraged to incorporate adopted burden reduction efforts as widely as possible. 9 All of the CEPs listed in 40 CFR 35 Subpart A are subject to the timeliness policy except: Nonpoint Source Management (Section 319(h)); State Underground Storage Tanks (Section 2007(f)(2)); Pollution Prevention (Section 6605); Water Quality Cooperative Agreements (Sectionl04(b)(3)); State Wetlands Development (Section 104(b)(3)); and Water Quality Planning (Sections 205(g) and 205(j)(2), and the monitoring portion of Water Pollution Control (Section 106). 10 See: http://intranet.epa.gov/OGD/policv/GPI 09-01 final.pdf. 12 NEPPS National Guidance FY 2012 ------- 3. Implement Grants Policy Issuance (GPI) 11-03: State Grant Workplans and Progress Reports; continue to report on results of state grant performance measures. State Grant Workplans: OGD recently issued Grants Policy Issuance (GPI) 11-03: State Grant Workplans and Progress Reports11 The GPI was developed by the State Grant Workplan Workgroup, composed of EPA and state grant practitioners, and replaces the State Grant Performance Measures Template. It is designed to: 1) enhance accountability for achieving grant performance objectives; 2) ensure that state grants are aligned with the Agency's Strategic Plan; and 3) provide for more consistent performance reporting. To achieve those objectives, the GPI requires that workplans and associated progress reports prominently display three "Essential Elements": the EPA Strategic Plan Goal; the EPA Strategic Plan Objective; and Workplan Commitments plus time frame. The GPI applies to the fourteen state grant programs previously subject to the State Grant Performance Measures Template. It supplements, but in no way supersedes, existing workplan requirements in 40 CFR 35 Subpart A. To allow regions and states sufficient time to adjust to the new requirements, the effective date of the GPI is October 1, 2012. Based on that effective date, the Agency's goal is to have all covered grants awarded on or after October 1, 2012 comply with the GPI. Regions and states, however, should begin their planning now to transition to the new approach and, at a minimum, the GPI should be considered in FY 2012 workplan negotiations. As the policy is implemented, it will be important for National Program Managers and Regional Program Offices to provide appropriate outreach, assistance and education to state recipients. In addition, OGD will work with the regions on a case-by-case basis to address any implementation challenges. Please contact Jennifer Bogus, OARM/OGD, at 202-564-5294 should you have questions related to the GPI. State Grant Performance Measures (formally known as State Grant Template Measures): The current set of measures flagged as State Grant Template Measures in the Annual Commitment System (ACS) will be retained for FY 2012 reporting. Reporting on the results remains the responsibility of the regions and states. Please contact Margo Madsen, OCFO/OPAA, at 202-564-1211 should you have questions related to performance measures. 4. Implement Grants Policy Issuance (GPI) 11-01: Managing Unliquidated Obligations and Ensuring Progress under EPA Assistance Agreements. The Office of Inspector General (OIG) has found that EPA's internal controls have not always been effective in identifying and deobligating unneeded assistance agreement funds or preventing unwarranted accumulations of unliquidated obligations (ULOs). In consultation with the states, EPA issued Grants Policy Issuance (GPI) 11-01: Managing See: http://www.epa.gov/ogd/grants/final grants_policv issuance 11 03 State Grant_Workplans.pdf. 13 NEPPS National Guidance FY 2012 ------- 1 9 Unliquidated Obligations and Ensuring Progress under EPA Assistance Agreements, effective in FY 2011, to better manage grant ULOs. This policy addresses the OIG's concerns as well as the Agency's responsibilities under the Federal Managers' Financial Integrity Act (FMFIA) and EPA Order 5700.6 A2 CHG 2, Policy on Compliance, Review and Monitoring^ by including provisions that highlight the need for timely project/program completion and monitoring of unliquidated obligations. The policy includes limits on project periods, development of indicators to assess the effectiveness of funds utilization, requirements for workplan milestones and delivery dates, and "sufficient progress" terms and conditions. Given the tight budget climate, effective management of ULOs is a high priority for the Agency and OGD will be working closely with the states to implement the ULO reforms. It is important for the regions to implement GPI-11-01 for effective management of grant ULOs. The OGD contact for the ULO policy is Alexandra Raver, who can be reached at (202) 564-5296. Regions and states should also ensure that PPG funds are efficiently utilized to accomplish priority environmental activities identified in grant workplans. The PPG NPM, OCIR, in coordination with the media program NPMs, Regional Program Offices and OGD, has developed the following PPG-specific "sufficient progress" term and condition to be included in new assistance agreements awarded on or after December 1,2010: EPA may terminate the assistance agreement for failure to make sufficient progress so as to reasonably ensure completion of the project within the project period, including any extensions. EPA will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. The OCIR contact for the PPG ULO policy is Reynold Meni, who can be reached at (202) 564-3669. 12 See: http://intranet.epa.gov/oswer/grants/docs/2010 1217 gpi 11 0l.pdf. 13 See: http://intranet.epa.gov/ogd/policv/order/5700 2A2.pdf. 14 NEPPS National Guidance FY 2012 ------- Appendix A Grant Programs Eligible for Performance Partnership Grants Grant Program Air Pollution Control - CAA 105 Radon Assessment and Mitigation - TSCA 306 Water Pollution Control - CWA 106 Water Nonpoint Source Implementation - CWA 319 Wetlands Development Grants Program - CWA 104(b)3 (competitive) Water Quality Cooperative Agreements - CWA 104(b)3 (competitive) Public Water System Supervision - SDWA 1443(a) Underground Injection Control - SDWA 1443(b) Hazardous Waste Management - SWDA 301 1 (a) Brownfields Response - CERCLA 128(a)* Pesticides Program Implementation - FIFRA 23(a)l Lead-Based Paint Activities - TSCA 404(g) Toxic Substances Compliance Monitoring - TSCA Pesticides Cooperative Enforcement - FIFRA 23 (a) 1 Environmental Information Exchange Network* - Authority in EPA Appropriations Acts Pollution Prevention Initiatives - PPA 6605 (competitive) Sector Program (compliance/enforcement)* (competitive) Pesticide Applicator Certification and Training Indian Environmental General Assistance Program State Underground Storage Tanks Required Match Greater of MOE or 40%** 50% MOE 40% 25% 0% 25% 25% 25% 0% 0% 0% 25% 0% 0% 50% 0% 50% 0% 25% * Program added to list of grants eligible for PPGs after publication of the Part 35 rule. ** MOE = Maintenance of Effort level. 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