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Overview of GAP and GAP-eligible activities

Learn about GAP and its capacity-building context through key themes and examples under relevant federal laws and EPA regulations.

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Overview of GAP and GAP-eligible activities

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  1. Overview of GAP and GAP-eligible activities Jeremy Bauer and Pam Overman GAP Project Officers U.S. Environmental Protection Agency Region 9

  2. Key Themes for Today’s Talk • Pop Quiz! • Statute and Regulation • Guidance • Key Terms • Guiding Principles • Eligibility Examples • Review and Questions

  3. What do You know about gap? tinyurl.com/popquizGAP

  4. What is Capacity-Building? • Process by which individuals and organizations obtain, improve and retain the skills, knowledge, tools, equipment and other resources needed to do their jobs competently • Development of knowledge, skills, and other capabilities of an organization • Development and strengthening of human and institutional resources • The ability to perform functions, solve problems, and achieve objectives • Outcome of capacity building: a comprehensive and sustainable strategy for a program

  5. GAP Capacity-Building Context: • Federal Laws • EPA Regulations • GAP Guidance

  6. The Indian Environmental General Assistance Act of 1992, 42 U.S.C § 4368b

  7. Indian Environmental General Assistance Act of 199242 U.S.C. 4368b, as amended, Public Law 103-155 GAP can fund capacity building for tribal environmental programs: • (d)(1) costs of planning, developing, and establishing environmental protection programs consistent with other applicable provisions of law providing for enforcement of such laws by Indian tribes on Indian lands. GAP also can fund program implementation for: • (f) the implementation of solid and hazardous waste programs for Indian lands in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act.

  8. The Indian Environmental General Assistance Act of 1992, 42 U.S.C. § 4368b • (f) Expenditure of general assistance: Any general assistance under this section shall be expended for the purpose of planning, developing, and establishing the capability to implement programs administered by the Environmental Protection Agency and specified in the assistance agreement. • Purposes and programs authorized under this section shall include the development and implementation of solid and hazardous waste programs for Indian lands. • An Indian tribal government or intertribal consortium receiving general assistance pursuant to this section shall utilize such funds for programs and purposes to be carried out in accordance with the terms of the assistance agreement.

  9. The Indian Environmental General Assistance Act of 1992, 42 U.S.C. § 4368b (g) Procedures.-- • (1) Within 12 months following the date of the enactment of this section, the Administrator shall promulgate regulations establishing procedures under which an Indian tribal government or intertribal consortium may apply for general assistance grants under this section.

  10. Regulations - Programmatic40 CFR Part 35 Subpart B

  11. 40 CFR Part 35 Subpart BEPA Continuing Grant Programmatic Regulation • General - All Grants (§§ 35.500 - 35.504) • Preparing an Application (§§ 35.505 - 35.509) • EPA Action on Application (§§ 35.510 - 35.513) • Post-Award Requirements (§§ 35.514 - 35.518) • Performance Partnership Grants (§§ 35.530 - 35.538) • Indian Environmental General Assistance Program (GAP) (§§ 35.540 - 35.548) • 17 Specific EPA Program Grants (§§ 35.570 - 35.738)

  12. Federal Administrative regulations Regulations - Administrative 2 CFR Part 200 Uniform Administrative Requirements

  13. Regulations - Administrative 2 CFR Part 200 Uniform Administrative Requirements Subpart D Post Federal Award Requirements (Section 200.300 – 200.344) examples: • Standards for Financial and Program Management • Property Standards • Procurement Standards • Performance and Financial Monitoring and Reporting • Record Retention and Access • Remedies for Noncompliance • Closeout

  14. 2 CFR Part 200 Uniform Administrative Requirements Allowable, Reasonable, Allocable? Subpart E: Cost Principles (Section 200.400-200.475) • Are the grant budget costs allowable? Are they necessary and reasonable for the performance of the grant? Is the cost treated consistently across the tribe’s federal and nonfederal programs? Are the costs adequately documented? (2 CFR 200.403) • Also review GAP Guidance 1.4 Allowable Activities and Restrictions under GAP (Section 1 of GAP Guidance, page 3 of 22) • Are these costs reasonable? Ordinary, necessary, market price, doesn’t exceed which would be incurred by a prudent person? (2 CFR 200.404)? • AllocableCosts specifically for this award, proportional benefit among projects or awards? (2 CFR 200.405)?

  15. The Indian Environmental General Assistance Act of 1992, 42 U.S.C. § 4368b (g) Procedures.— • The Administrator shall establish procedures for accounting, auditing, evaluating, and reviewing any programs or activities funded in whole or in part for a general assistance grant under this section.

  16. General Assistance Program Guidance Use the GAP Guidance!

  17. How to use the GAP guidance for capacity-building workplan activities • Read the whole thing • Electronic keyword searches • Review the examples • Print and tab • Any method that works for you

  18. GAP Guiding Principles • Environmental Capacity • Tribal Self-Governance • Collaboration and Cooperation • Implementation of Established Solid and Hazardous Waste Regulatory Programs • Compelling results • Environmental Capacity • Implementation of Established Solid and Hazardous Waste Regulatory Programs

  19. Capacity-Building Recall from a previous slide: The Indian Environmental General Assistance Act of 1992, 42 U.S.C. § 4368b • (f) Expenditure of general assistance: Any general assistance under this section shall be expended for the purpose of planning, developing, and establishing the capability to implement programs administered by the Environmental Protection Agency and specified in the assistance agreement. planning, developing, and establishing the capability Capacity-Building =

  20. What’s a Capacity-Indicator? Capacity-indicators demonstrate that the Tribe has attained a certain capability. Lead to… Capacity-building activities Destination: Capacity • Workplan activities funded by GAP • …as demonstrated by the indicator: implementing the programs on which training was received • Example: • Acquiring initial training on a wastewater discharge program and creating the legal framework to implement the program (e.g., regulations and funding structure) • Example: • D.3.26: Tribe has established a program to provide compliance assurance (including inspections) and enforcement for a tribal permit program.

  21. Establishing Baselines To Develop Capacity • What are the baseline environmental conditions? • How can that inform the needs? Gather Existing Data Collect New (baseline) Data* Analyze* Data and Identify Priorities *Does not refer to ongoing monitoring and analysis programs

  22. plan and develop capacity Training Ahead. Watch out for New Skills. Related to programs administered by EPA & D L O E V E P

  23. EPA Programs Applicable to GAP • Asbestos Hazard Emergency Response Act (AHERA) • Brownfields Utilization, Investment and Local Development Act (BUILD) 2018 • Clean Air Act (CAA) 42 U.S.C. Chapter 55 • Clean Water Act (CWA) 33 U.S.C. 1251 et. seq. • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 U.S.C. • Chapter 103, also known as Superfund • Federal insecticide, Fungicide and Rodenticide Act (FIFRA) 7 U.S.C. § 136 • Indian Lands Open Dump Cleanup Act of 1994 25 U.S.C. Chapter 41 • National Environmental Policy Act of 1969 (NEPA) 42 U.S.C. Chapter 55 • Pollution Prevention Act (PPA) 42 U.S.C. Chapter 133 • Safe Drinking Water Act (SDWA) 42 U.S.C. Chapter 6A • Solid Waste Disposal Act as amended, commonly known as the Resource Conservation and • Recovery Act (RCRA), 42 U.S.C. Chapter 82 • Toxic Substances Control Act (TSCA) 15 U.S.C. § 2601 et seq. Source: https://www.epa.gov/sites/production/files/2018-08/documents/legal-provisions-applicable-to-gap-guidance-2018.pdf

  24. Performing Test Drives to Establish Capacity • Implementation pilot • Collect information • Evaluate effectiveness • 4-year limit • Implementation pilot • Collect information • Evaluate effectiveness • 4-year limit

  25. What is Implementation? Implementation: • the process of putting a decision or plan into effect; execution. • "she was responsible for the implementation of the plan"

  26. Implementation under GAP:Solid and Hazardous Waste Programs for Indian Lands Recall from previous slide: The Indian Environmental General Assistance Act of 1992, 42 U.S.C. § 4368b • Purposes and programs authorized under this section shall include the development and implementation of solid and hazardous waste programs for Indian lands.

  27. Implementation under GAP:Solid and Hazardous Waste Programs for Indian Lands • The Resource Conservation and Recovery Act (RCRA) is the primary federal law for managing solid waste, hazardous waste and Underground Storage Tanks (USTs) • Under RCRA Subtitle C federal hazardous waste regulations apply to all facilities generating and managing hazardous wastes. • Under RCRA Subtitle D, EPA has established nationally applicable criteria for non-hazardous waste disposal facilities. • Under RCRA Subtitle I, EPA has established criteria for the operation and closure of USTs and Leaking USTs (LUSTs). • GAP can fund implementation activities only for solid and hazardous waste programs, Subtitles C and D.

  28. Open dump cleanups Once a tribe has established a waste management program that is generally consistent with specific indicators in Section E.3 described in the Guidance, GAP funds may be used for the following implementation activities in order of priority: • (a) program administration; • (b) compliance and enforcement; • (c) solid waste management, resource recovery, and resource conservation support; and • (d) cleanup and closure.

  29. Cleanup and Closure Activities Regional offices will evaluate requests to use GAP resources for cleanup activities; and Will submit the request to the AIEO Director with supporting documentation, including assurance that the tribe has adequate administrative controls to oversee the cleanup. • Cleanup and Closure Activities for Established Tribal Programs • May be eligible for funding under GAP after the tribe has established a program and demonstrated the following program capacity indicators: E.3.5, E.3.6, E.3.7, E.3.8, E.3.17, and E.3.18. • Cleanup and Closure Activities for Tribal Programs under Development • May be eligible for funding under GAP when the tribe has demonstrated that they are substantially pursuing tangible elements of specific actions towards building a sustainable waste management program. • Cleanup and Closure Activities Where No Tribal Program is being Developed • Where a tribe does not have an established program as described above, or is not substantially pursuing tangible elements of the above actions, EPA will not prioritize providing financial assistance, including GAP funds, for the cleanup or closure activities unless the open or unauthorized dump presents an imminent and substantial endangerment to human health or the environment.

  30. Can gap be used to set up an indoor air quality program? • Yes! • Some possible capacity indicators (or destinations) could be: • C 3.3 Staff has completed appropriate indoor air quality training and acquired skills related to indoor air quality (e.g., Healthy Homes training). • C.3.10 Tribe has completed an indoor air quality assessment and report.

  31. Can GAP fund a replacement vehicle? • Answer: It depends • Necessary to plan, develop, or establish a tribal environmental program? • Cost and use will also be evaluated.

  32. Can gap be used to Help with drought and water conservation? • Yes! • Some possible capacity indicators (or destinations): • D.3.6 Tribe has established community outreach/education programs related to water quality and/or protecting health through safe drinking water (e.g., fish consumption advisory system, water efficiency, nonpoint source pollution best management practices, infrastructure needs for water and wastewater utilities, and wetlands restoration activities). • D.3.7 Tribe has established water efficiency policies and program(s) (e.g., building design standards/codes, WaterSense initiatives for government operations, water use restrictions).

  33. What have we learned? • Assessed our baseline knowledge • Reviewed the statutes and regulations • Dove into the guidance • Reviewed some key terms – capacity, capacity-indicator, implementation. • Reviewed some examples • Final Exam!

  34. Please go to the following URL and take the quiz https://tinyurl.com/gapfinalexam

  35. Questions and Answers See also: https://www.epa.gov/tribal/indian-environmental-general-assistance-program-gap

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