As a general matter, how can states avoid losing funds already received for projects that might be delayed?
State recipients should request performance period extensions as needed.
EPA’s grants to states are for the most part financed with “no year” appropriations that remain available until expended. Instances of EPA having to de-obligate funds due to delays in state projects will be rare. Examples of EPA programs supported by “no-year” appropriations include Continuing Environmental Program Grants and Performance Partnership Grants under 40 CFR Part 35 Subpart A, Clean Water and Drinking Water State Revolving Funds, Cooperative Agreements funded from the Leaking Underground Storage Tank Trust Fund, Diesel Emission Reduction Act grants, and Brownfields grants.
- Will EPA modify workplans, adjust budgets, and extend project periods of grants if necessary?
- Will EPA provide a waiver to the performance period limitations in section 10 of Grants Policy Issuance 11-01 (GPI 11-01), Managing Unliquidated Obligations and Ensuring Progress under EPA Assistance Agreements, for assistance agreements impacted by COVID
- If an EPA grant recipient is carrying out a project that will not be completed due to delays in performance what will EPA do?
- How will the Agency handle partial terminations/deobligation of funds for projects or portions of projects that cannot be rescheduled?
- If a stay at home, shelter in place, or similar order is issued on a state/local/other level that affects the activities performed under a grant (e.g., the order prohibits travel required to perform monitoring or inspection activities), does that prohibit
- Will there be any ability to reprogram or redirect federal funds or change the nature of the activities to be performed under a grant based on emergency needs or inability to conduct certain tasks?
- Are there legal limits on the amount of time EPA can extend the length of periods of performance of a grant if we cannot perform it within the original period of performance?
- Are grants to tribes subject to the same appropriations law rules as those for states?
- What about grants to local governments, non-profits and institutions of higher education-how are they funded?
- Will there be flexibility regarding inspection requirements under EPA grants to states, tribes or local governments such as those relating to RCRA large quantity generators, 3-year periodic inspection of USTs, and similar inspection requirements incorpora