Questions and Answers: SWIFR Grants for States and Territories

2025 Program Guidance

Updated on 12/03/2025

The following are formal Agency responses to questions and comments received regarding the Solid Waste Infrastructure for Recycling (SWIFR) Grant Program Program Guidance for States and Territories (pdf) (492.84 KB) . We will update this list of questions and answers as we receive questions about the funding opportunity.

If you have additional questions, you can email SWIFRST@epa.gov.

On this page:

• Summary of Major Changes Between Rounds of Funding
• Eligible Entities
• Eligible Activities
• General
• Workplans and Allocation Factors
• Procurement and Subawards
• Paperwork Reduction Act (PRA)
• Build America, Buy America (BABA)
• National Environmental Policy Act (NEPA)
• Davis-Bacon Act

Summary of Major Changes Between Rounds of Funding

What are some of the major changes between the 2025 SWIFR States and Territories Program Guidance and the 2023 Program Guidance?

A summary of important changes to the 2025 Program Guidance is noted below. This list does not include every change that EPA made. Please read this summary and the current Program Guidance, and all of the links to the guidance documents carefully to be familiar with changes in program guidance, and comply with all instructions it contains.

The new Program Guidance adds the allowance of up to 40% of funding to local governments for equipment and construction costs through subawards. Individual subawards to specific entities may be no greater than $100,000 per subaward.

The new Program Guidance further emphasizes grantee requirements that may be relevant, depending on the project.

• Build America, Buy America Act.
• Davis-Bacon Act.
• National Environmental Protection Act.
• Quality Assurance Project Plans.
• Outputs and Outcomes.

Eligible Entities

Is this grant opportunity open to anyone in a state or a territory?

No, this funding opportunity is open only to state or territory government agencies. The eligible applicants for this funding include the 50 U.S. states; Washington, DC; Puerto Rico; Virgin Islands; Guam; American Samoa; and the Commonwealth of Northern Mariana Islands. No more than one grant will be given to each state or territory. 

Eligible Activities

Can we use funds to cover construction and/or equipment?

Some of the funds provided in the second round of funding can be used as a subaward to local governments to cover construction and/or equipment costs. The amount of funds going through subaward for construction and equipment cannot exceed more than 40% of the second round of funding, and individual subawards to specific entities cannot exceed over $100,000 per subaward.   

Please note that federal grant requirements flow down from recipients to subrecipients. For more information on subawards, refer to EPA’s Subaward Policy.

Additionally, territories and the District of Columbia may utilize funds directly (i.e., not utilizing subawards) for equipment and construction-related costs as part of their implementation of plans. These activities could include the purchase of collection equipment; compost bins and trucks; containers for donating surplus food; sorting and baling equipment, post-consumer materials management construction, equipment upgrades, environmental monitoring and safety equipment for recycling facilities, and infrastructure to reduce single-use plastic use.

General

1. Do we need to resubmit an application through grants.gov? 

If you received funds during round one of the SWIFR States and Territories grants, you will not need to reapply through grants.gov. You will be working with your project officer to submit required updated forms and workplans.  

2. What needs to be done prior to being awarded funding?

Grantees will meet with their assigned project officer to discuss their individual plans and activities for the second round of funding. Grantees will need to submit an updated workplan, timeline and budget adding the addition years and funds in the respected categories. Workplans will show all information from start to finish for each year. Grantees will also need to update any financial documents reflecting the new tasks. Note that additional documents may be required if workplans include the use of subawards for equipment or construction activities. 

3. How long will this grant period last?

Originally the grant period was up to three years. Grantees will work with their project officers to submit a formal amendment to extend their grant period up to an additional three years. This will make the grant period six years from start to finish.

4. Where can I find the updated program guidance for the SWIFR States and Territories grants?

The program guidance can be found at the top of this page and on the EPA SWIFR States and Territories webpage.

5. Can two separate state agencies participate in this funding opportunity and receive an award?

No, only one state or territory agency in a state will be awarded. If another agency in the same state or territory wishes to apply, then those two agencies should discuss which agency will participate. While agencies may work together on a project, only one will receive the award.

6. Do we need to resubmit a new Notice of Intent to Participate or how do I know if my state or territory already submitted a Notice of Intent to Participate?

The EPA received a Notice of Intent to Participate from every eligible entity. This included all 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands, American Samoa, and the Commonwealth of Northern Mariana Islands. Therefore, your state has already submitted a Notice of Intent to Participate and the EPA has confirmed its receipt. There is no need to submit a new letter of intent. 

7. Do the states and territories need to submit the updated workplans to SAM.gov or Grants.gov?

No, you will work with your assigned regional project officer and submit all changes through them.  

8. Can the grant money be used to cover a salary?

Yes, as stated in the Program Guidance (Section IX. Scope of Work) the grants can be used for personnel costs for the grant period.

9. Once the additional funds are awarded, can we start working on our next projects or do we have to wait until either all original funds are exhausted or when the next fiscal year starts?

Awardees are encouraged, but not required, to spend original funds to the maximum extent practicable prior to spending funds received for Round 2 activities. Once awarded, funds for Round 2 activities are available and you can start working on your projects. 

Workplans and Allocation Factors

1. Is there a page limit for the updated workplan and how do we modify for the new work being planned?

No, but you will need to adjust your current workplan to match your actual spending and activities completed in years 1, 2 with a projection of the current year 3. Then you will add to this workplan your projected activities and budget for years 4, 5 and 6. 

2. Can I use state FTE to cover the cooperative agreement oversight, administration, and oversight so that more grant funds can be used for tasks in my project?

Yes, there is no required cost-share for the SWIFR Grants for States & Territories so there is no need to include them in the budget table. Please indicate in the budget description that you will be using your own personnel funds for these tasks and do not indicate a dollar amount in the budget for state funded FTE.

3. Under Category 2 of activities (reproduced below), could states use the funds for a subscription service to a database and/or an online subscription service that they can use to organize their state-data? 

Develop, strengthen, and/or implement comprehensive data collection efforts that demonstrate progress towards the National Recycling Goal and Food Loss and Waste Reduction Goal. Data collection and measurement efforts should be designed to improve the state’s ability to track progress towards national and state recycling and/or circular economy goals. Data collection efforts could include state-wide or other targeted waste characterization studies. Fundamental items to consider when developing, strengthening, and/or implementing comprehensive data collection efforts include, but are not limited to: 

• Clearly defining the waste streams being measured; 
• Identifying specific materials being measured and appropriate units; 
• Detailed data and methodology citations; and 
• Developing information to understand the contamination of recyclable material streams.

Costs for acquiring data and data management services are allowable under the SWIFR program. As provided in 2 CFR 200.420 when the allowability of costs is not covered by a specific provision of the Selected Items of Cost, EPA looks to similar or related items of cost that are addressed in the Cost Principles. Costs for subscriptions of technical periodicals are allowable under 2 CFR 200.454. 

Data subscription services that are sufficiently analogous to subscriptions that provide technical information are allowable. Please note that under 2 CFR Part 200.315(d), the Federal Government has the right to “The Federal Government has the right to: (1) Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.” EPA implements this requirement in our Copyrighted Material and Data General Term and Condition. If the vendor for the data services described above is unwilling to allow your state to provide data acquired with EPA funding to EPA or others we designate in order to comply with that term and condition, then EPA may find that the costs for the data services contract are unallowable as provided in 2 CFR 200.339.

4. As part of a market development project, or outreach and information sharing with key stakeholders, would participant support costs be eligible for these grants? For instance, we want to give incentives/stipends/gift cards for attendees of trainings.

Yes, reasonable participant support costs would be eligible for your project. Please refer to EPA’s Guidance on Participant Support Costs for additional information.

5. Would renting/leasing a piece of equipment for a demonstration project be allowable as part of the state-led implementation of their plans?

Yes, as long as the costs for the demonstration project are a relatively small portion of the overall budget for the cooperative agreement and the state communicates the results of the demonstration project to recycling stakeholders within the state. EPA does not intend for SWIFR funding for states to be used primarily for renting/leasing equipment. The allowability of costs for renting equipment (including vehicles), office, laboratory or conference/meeting space is governed by 2 CFR 200.465. These would go in the “other” cost category of your budget. For additional information please refer to pages 33-34 of the applicant development budget guidance.

Procurement and Subawards

1. Can a state or a territory use the funds received to pass on to their local governments, a non-profit, or other entities?

This depends on the scope of work. Subawards are eligible under certain situations where activities undertaken would fall under the scope of work. Once the state or territory receives funds, they may work with other entities as an expense as long as those activities fall within the scope of work. If an activity is not eligible under the scope of work, then a subaward would not be allowed. Please note the new implementation activity of subawards to local governments. 

2. Could we, under Category 3, do an activity that is leading workshops for ambassadors (and provide materials for them) so that they can go into communities to do the implementation of plans?

Yes, this would fall under the “Outreach and information sharing with key stakeholders” item under Category 3: Support the state-led implementation of Plans in Section V. Eligible Activities/Use of Funding of the Program Guidance. States may use SWIFR funding to purchase materials for the ambassadors as either supplies or participant support costs depending on who purchases the materials. If the state itself purchases the materials the costs would be categorized as supplies for budgeting purposes although the legal basis for allowability would be participant support costs. States could also provide the ambassadors with a reasonable stipend to purchase materials themselves. Those would be participant support costs for budget characterization purposes.

3. If a couple of states wanted to pool some of their money together to partner with other states on a joint project or report, how would that work? One example is a multi-state, or EPA regional hub-and-spoke report as part of a regional market development effort for recyclables.

It depends. If cooperative agreement funding is to be used to provide a subaward to the partner organization, the recipient must comply with applicable requirements for subawards including those contained in 2 CFR 200.332 and EPA’s Subaward Policy. One or multiple states could give a subaward(s) to a state who would hire a contractor and/or use the subaward funds for state personnel to carry out the project as well as indirect costs. Alternatively, states could use the authorization in 2 CFR 200.318(e) to enter into inter-entity agreements with a single state to procure common services from a consulting firm or other vendor for support necessary to carry out the project. States would transfer the funds to the procuring state agency under applicable state laws and procedures. Under this approach, the Federal requirements associated with a subaward would not be applicable.

4. Would a state be able to partner with a university to do a study? We have identified it as very important because of the desire to increase composting in our state.

Yes, if this is part of the implementation of your state’s plan this would be allowable. This project would also address the National Recycling Strategy, Objective B3. “Continue to fund research, development, demonstration and deployment of new technologies and processes for recycling." As indicated in Appendix A to EPA’s Subaward Policy, states may provide noncompetitive subawards to institutions of higher education to support research projects.

Paperwork Reduction Act (PRA)

1. When does the Paperwork Reduction Act apply?

If you are requesting the same information from ten or more people or entities within a 12-month period, you need Paperwork Reduction Act clearance. For additional information, refer to Digital.gov's Paperwork Reduction Act clearance guidance. 

2. Does the Paperwork Reduction Act apply if the collection is voluntary?

Whether your collection is voluntary (i.e., the public is not required by law to provide information) or mandatory, the Paperwork Reduction Act treats the collection the same. For additional information, refer to Digital.gov's Paperwork Reduction Act clearance guidance. 

3. What type of activities would trigger the Paperwork Reduction Act?

The Paperwork Reduction Act would apply to any of the following actions: 

• Research studies and focus groups with a set of the same questions or tasks. 
• Surveys, such as those collecting data, customer satisfaction surveys, or behavioral surveys. 
• Forms, such as the IRS 1040. 
• Recordkeeping requirements, such as small businesses keeping all tax-related documents for three years. 
• Third-party or public disclosures, such as nutrition labeling requirements for food. For additional information, refer to Digital.gov's Paperwork Reduction Act clearance guidance. 

4. What type of activities would not trigger the Paperwork Reduction Act?

The Paperwork Reduction Act would not apply to any of the following actions: 

• Direct observation, such as watching how long it takes someone to complete a transaction, or how someone uses a new website to find answers.
• General requests for public input and comments, such as a “Tell Us About Your Experience” sheet with open-ended space for someone to respond. 
• Information for voluntary commercial transactions, like payment and delivery details. 
• Information asked for or received in connection with a public hearing or meeting. For additional information, refer to Digital.gov's Paperwork Reduction Act clearance guidance. 

5. Does the Paperwork Reduction Act apply to online collections?

Yes, the Paperwork Reduction Act would apply to all surveys both physical and electronic. For additional information, refer to Digital.gov's Paperwork Reduction Act clearance guidance. 

6. Where can I learn more about the prohibition on the “design or to administer the collection of identical information from 10 or more parties” that is mentioned on page 11 of the Program Guidance?

For additional information on activities that would be prohibited because they fall under the Paperwork Reduction Act’s scope, refer to Digital.gov's Paperwork Reduction Act clearance guidance. 

7. Can you be more specific about SWIFR funding for a survey platform and what I can or can’t use SWIFR funds for relating to information collection?

EPA funds can be used to analyze independently collected information, publish the results of collected information, or procure an online survey platform. EPA funds cannot be used for the design, administering, or performing of the collection of identical information from 10 or more parties. The funding recipient would need to use their own funds for the design, administering, or performing of the collection of information portion of their project.

8. Can states conduct surveys with EPA grant funds?

It depends. Grantees cannot ask 10 or more individuals the same question as part of an activity funded under this NOFO. Reasonable costs for analyzing and publishing the independently collected information are allowable to the extent authorized in the EPA approved budget for this agreement. 

9. Why may I not use grant funding to collect information from 10 or more individuals?

The prohibited activities language is referencing the Paperwork Reduction Act. A survey or other information collection of identical information from 10 or more parties will not be eligible under this funding opportunity because EPA funding will be in the form of a cooperative agreement. OMB’s regulations implementing the Paperwork Reduction Act, 5 CFR 1320.3(d), provide that EPA is considered a sponsor of information collections under cooperative agreement. The process for EPA to obtain OMB approval for information collections is lengthy and resource intensive. This restriction on eligibility applies to both the applicant and any contractors or subaward recipients supported with EPA funding as well. Note that as indicated in the NOFO you may use other funds for the development and administration of the survey and EPA funds may be used for analysis and publication of the results. For additional information on the Paperwork Reduction Act, refer to "A Guide to the Paperwork Reduction Act."

Build America, Buy America (BABA)

1. What is the Build America, Buy America (BABA) Act?

The BABA Act requires that on or after May 14, 2022, the head of each covered Federal agency (EPA being a covered Federal agency) shall ensure that “none of the funds made available for a federal financial assistance program for infrastructure… may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”

National Environmental Policy Act

1. What kind of construction activities would trigger NEPA?

The SWIFR grants are subject to compliance with NEPA. Before the EPA can award the grant, the EPA will need to complete an environmental review and determine if the proposed action is eligible for coverage under a categorical exclusion or requires the preparation of an environmental assessment. It is anticipated that construction activities (i.e., ground disturbance) will require an environmental assessment to be prepared. Please refer to page 46, Section VI.H National Environmental Protection Act (NEPA) Compliance, for more information.

2. What happens if I have not done the NEPA review yet for my project? Does that mean my grant will be delayed?

The EPA will need to complete the environmental review under NEPA before it can award the grant. The EPA will review the proposed action to determine if it is eligible for coverage under a categorical exclusion or if it requires the preparation of an environmental assessment. The timing for completing the environmental review will vary under each proposed action, such as whether consultation may be required under the National Historic Preservation Act or Endangered Species Act, etc.

Per Section VI.H National Environmental Protection Act (NEPA) Compliance, “NEPA requirements must be met before any construction, fixed equipment, or ground disturbance activities can occur, per 40 CFR Part 6. NEPA requirements may take 3-6 months to complete, and applicants should account for this when developing their project timeline. Depending on the project, EPA may award grants with incremental funding using a phased approach for projects that involve both construction and non-construction activities.”

Davis-Bacon Act

1. Do Davis-Bacon Related Act prevailing wage requirements apply to SWIFR cooperative agreements?

Yes. As provided in 33 U.S.C. 4282(e) EPA must ensure that “. . . all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a [SWIFR grant] be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with [the Davis-Bacon Act]”. The Davis-Bacon Act applies to contractors and subcontractors performing work on federally funded or assisted construction contracts in excess of $2,000.

2. How can we determine if Davis-Bacon prevailing wage requirements apply to a construction project that is partially funded with SWIFR grant funds?

As provided in 33 U.S.C. 4282(e) EPA must ensure that “. . . all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a [SWIFR grant] be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with [the Davis Bacon Act]”. Emphasis added.

EPA will follow the Department of Labor’s “purpose, time and place” test for determining whether Davis Bacon compliance is required for construction projects that are funded “in part” by a SWIFR grant. Below is an excerpt from DOL guidance for the American Recovery and Reinvestment Act of 2009 (ARRA) which contained prevailing wage language virtually identical to 33 U.S.C. 4282(e):

3. Does this mean that if the Davis-Bacon Act applies to my construction project, and I’m using the SWIFR grants for part of that project, that the prevailing wage requirements would now apply to the entire project?

That depends on the outcome of the Department of Labor’s “purpose, time and place” test as mentioned in the question above. It could mean that the prevailing wage requirements do apply to the entire project. However, as noted above, the federal agency [EPA] must examine every situation independently.