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Question and Answers


QUESTION–Can EPA continue to award Tribes and Intertribal Consortia demonstration grants under section 10 of the Toxic Substance Control Act for Tribal Radon Pilot Projects now that we can award Tribal Indoor Radon Grants under Section 306 of Toxic Substance Control Act (40 CFR 35.700 to 35.708)?

BACKGROUND–Until 40 CFR Part 35, Subpart B became effective, Tribes received Radon assistance under Section 10 of TSCA and the grants were classified as demonstration or pilot projects. Those grants were awarded as Demonstration Grants using program code “S”. The grants cited CFDA 66.032–the CFDA cite for the State Indoor Radon Grants and 40 CFR Part 31. (I think this CFDA may not have been correct for the pilot projects–they should have cited 66.500, instead.) The grants were awarded using the STAG appropriation.

Under the new regulation, Tribes are authorized to receive Indoor Radon Grants under Sections 35.700 through 35.708 and CFDA 66.032. (This CFDA description needs to be rewritten to include Tribes among the eligible entities.)

ANSWER–EPA may award grants for Tribes and Intertribal Consortia under either Section 306 or Section 10. Since the Indoor Radon Grants under Section 306 require a 25% or more cost share while TSCA Section 10 does not require cost sharing, EPA should make clear the authority under which a grant will be awarded before the Tribe applies. In order to award a Radon Pilot Project grant, the project must be demonstrating a process or system leading to radon program development or implementation–not carrying on continuing activities. If EPA approves award of an Indoor Radon Grant under Section 306 and awards it under that section, the Tribe would have to provide a 25% cost share.

If the Tribe includes an award under Section 306 in a Performance Partnership Grant PPG), the cost share related to the Radon award would be 5% (or 10%) of the allowable cost of the Radon program. In specific circumstances, of course, the Regional Administrator may waive the cost share all together under a PPG. (If these grants were awarded as demonstration grants subject to EPA’s research regulation (40 CFR Part 40), budget periods are limited to two years and project periods to five years (40 CFR 40.125-1). This may have been done in some regions.) New demonstration or pilot grants that supercede old ones and use new techniques or address new areas may be awarded.

December 10, 2001

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