DRAFT FY 2025-2026
OFFICE OF CONGRESSIONAL AND
INTERGOVERNMENTAL RELATIONS
NATIONAL PROGRAM GUIDANCE
April 2024
EPA-140D24001
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Table of Contents
SECTION I. INTRODUCTION 3
SECTION II. PROGRAM PRIORITIES, STRATEGIES, AND ACTIVITIES 4
Section II.A. The National Environmental Performance Partnership System 4
Section II.B. Evidence Act: Grant Commitments Met 7
SECTION III. IMPLEMENTING TRIBAL WORK 10
Section III.A. EPA-Tribal Environmental Plans 10
SECTION IV. FLEXIBILITY AND GRANT PLANNING 11
Section IV.A. Implementing PPAs 11
Developing a PPA 11
Negotiating and Signing a PPA 11
Notification of Expiring and New PPAs 12
Section IV.B. Implementing PPGs 12
Development of a PPG Workplan 12
How to Apply 12
Cost Sharing 13
Reporting 14
Closeout 14
Training 15
Section IV.C. PPG Flexibilities 15
Section IV.D. E-Enterprise and Workload Tradeoffs 16
SECTION V. FEDERAL CIVIL RIGHTS RESPONSIBILITIES, INCLUDING TITLE VI OF THE CIVIL RIGHTS ACT OF
1964 18
SECTION VI. CONTACTS 20
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SECTION I. INTRODUCTION
The Office of Congressional and Intergovernmental Relations (OCIR) is issuing the Fiscal Year
(FY) 2025-2026 National Program Guidance (NPG) to provide direction for national grant work
planning and to foster partnerships with states and Tribes. OCIR leads two program areas with a
focus on grants, serving as the National Program Manager for the National Environmental
Performance Partnership System (NEPPS), and supporting the agencywide Evidence Act effort
with a concentration on grants. This guidance will address how these program areas will be
implemented to advance the goals and objectives of the FY 2022-2026 EPA Strategic Plan1.
The National Environmental Performance Partnership System2 (NEPPS) was created in 19953 to
leverage resources and provide states and Tribes greater administrative and programmatic
flexibilities in joint priority setting to best advance our shared environmental goals. This is
discussed in detail on the NEPPS website2, which emphasizes the agency's commitment to
promoting and encouraging the use of Performance Partnership Agreements (PPAs) and
Performance Partnership Grants (PPGs). Similarly, EPA-Tribal Environmental Plans4 (ETEPs)
serve to foster the EPA-Tribal partnership by promoting self-governance, collaboration, and
priority setting of environmental activities that align with EPA programs5. Although ETEPs are a
product of Indian Environmental General Assistance Program grants, Regions may refer to
established ETEPs to inform federal environmental program activities in Tribal communities,
including direct implementation and technical and financial assistance.
NEPPS has historically served as a model for advancing partnerships by providing flexibility to
address the unique needs of individual states and Tribes to achieve the best environmental
outcomes. EPA Senior Leadership supports efforts to encourage and promote the numerous
benefits of PPGs, which serve to leverage resources, provide flexibilities, and advance shared
environmental priorities, while minimizing duplicative reporting requirements.
The agency is committed to working with states and Tribes to find innovative approaches to
achieving shared environmental priorities. The NEPPS program embodies this principal by
providing administrative, financial, and programmatic flexibilities, along with joint
environmental planning, which further provides states and Tribes with the tools and
opportunities for meeting their environmental goals.
The Evidence Act6 Learning Agenda is an EPA effort that supports the governmentwide
mandate for increased transparency and evidence-based policymaking (H.R.4174: The
Foundations for Evidence-Based Policymaking Act of 20187). Through the Evidence Act Grant
1 https://www.epa.gov/planandbndget/strategicplan
2 https://www.epa. gov/nepps
3 https://www.epa.gov/sites/defanlt/files/2015-12/docnments/ioint commit create nepps.pdf
4 httBs;//wwwJM9J*0¥/i£tbM/M9riA
5 https://www.govinfo.gov/content/pkg/lJSCODE-2021-tltle42/pdf/lJSCODE-2021-tltle42-chap55-snbchapIII-
sec4368b.pdf
6 https://www.epa.gov/data/foniidations-evidence-based-policvmaking-act-2018
7 https://www.congress.gov/115/plaws/pnbl435/PLAW-115pnbl435.pdf
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Commitments Learning Priority, OCIR is committed to supporting evidence-building activities
that align with the I \ ?022~2026 EPA Strategic Plan1. The goal of the effort is to evaluate the
reporting and tracking of grant data to allow EPA to communicate environmental outcomes
more effectively with the public.
The EPA Overview to the National Program Guidance8 addresses important background
information and specific agency-wide direction that should be read in conjunction with this FY
2025-2026 OCIR National Program Guidance. This document should be used as programmatic
guidance as it reflects EPA's commitment to its core mission, while uplifting federal
partnerships with states and Tribes. Additionally, this guidance should be used to promote joint
priority setting though NEPPS and support evidence-based evaluation of grant activities
through the Evidence Act to achieve the highest standard of public health and environmental
protections.
SECTION II. PROGRAM PRIORITIES, STRATEGIES, AND ACTIVITIES
Section II.A. The National Environmental Performance Partnership System
Since 1995, OCIR has led the agency's effort to implement the National Environmental
Partnership Program System (NEPPS). The program priority of NEPPS is to advance the goals
and objectives of the )22~2026 EPA Strategic Plan1 by promoting joint priority setting,
strategic thinking, and collaboration with EPA's state and Tribal partners. NEPPS serves as the
model for advancing shared accountability and addresses the unique and changing
environmental needs of states and Tribes by providing programmatic and financial flexibilities.
NEPPS has made substantial progress in improving the efficiency and effectiveness of EPA's
partnerships with states and Tribes. To implement NEPPS, the agency uses two primary tools —
Performance Partnership Agreements (PPAs) and Performance Partnership Grants (PPGs).
As the National Program Manager (NPM) for implementing NEPPS, OCIR's fundamental strategy
is to work closely with fellow National Program Offices and the Regions to ensure consistent
interpretation and implementation of PPG regulations and grant policies that impact PPGs.
OCIR works to ensure resources and information are readily available to our partners and
assists with resolving nuanced issues as they arise in performance partnerships across the
country. Additionally, OCIR emphasizes frequent and ongoing communication to foster
partnership with state and Tribal co-regulators to tackle the climate crisis and advance
environmental justice and civil rights.
The vast majority of NEPPS partnership work with states and Tribes takes place at the regional
level. Regional leadership works side-by-side with state and Tribal leadership to ensure PPG
workplans reflect the most important environmental and heath priorities. NEPPS Coordinators
8 https://www.epa.gov/planandbndget/national-prograin-giiicb-inces
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represent each Region and provide program expertise by serving as the regional points of
contact for matters related to NEPPS. NEPPS Coordinators work closely with the regional grant
Project Officers, technical leads, and their state and Tribal counterparts on PPG work planning
and grant negotiations. They also facilitate the exchange of information between the Regions
and headquarters.
The following sections detail the specifics of PPAs and PPGs and provide key activities for
implementation by the National Programs and Regions.
Performance Partnership Agreements
A Performance Partnership Agreement is a mutually agreed-upon document signed by the EPA
Regional Administrator and a state or Tribal official that identifies joint priorities, strategic
goals, objectives, and commitments by EPA and a state agency or Tribe. PPAs typically establish
goals, objectives, and priorities developed jointly by EPA and the states and Tribes. Additionally,
EPA and the recipient develop strategies used to meet goals and objectives, define roles and
responsibilities, and jointly develop measures to assess progress. Among other priorities,
Regions are encouraged to use PPAs with their state and Tribal partners to address the legacy
of pollution in overburdened and underserved communities by setting joint priorities to
advance environmental justice and civil rights.
States and Tribes may use a PPA, or a portion of a PPA, to serve as the workplan for an
environmental program grant and/or a PPG, if it meets the requirements in 40 CFR §35.10?9 or
40 CFR §35,5Q?10. as applicable. A state orTribe may apply for and receive any grant, including
a Performance Partnership Grant (PPG) without negotiating a PPA. However, a PPA can provide
the strategic underpinning for the work a PPG recipient plans to carry out with EPA financial
assistance.
PPAs are most commonly developed by state agencies but can also be developed by Tribes. If a
Tribe is planning to develop a PPA and is also required to develop an EPA-Tribal Environmental
Plan (ETEP) as an Indian Environmental General Assistance Program (GAP) recipient, the Tribe
may choose to develop a PPA instead of an ETEP. In this situation, the PPA should incorporate
all the required ETEP components, including an inventory of regulated facilities.
Performance Partnership Grants
A Performance Partnership Grant is a single grant that combines funds from two or more
eligible categorical grant programs11. A PPG requires only a single application, workplan, and
budget. Once funds are awarded in a PPG, the recipient can direct the funds as needed to
9 https://www.ecfr. gov/current/title-40/sectio
10 hiMs://www,egfcfigy/cjro^
11 https://www.epa.gov/ocir/nepps-implementing-perfonnance-partiierships
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achieve workplan commitments and does not need to account for funds in accordance with the
original program sources. States, Tribes, and intertribal consortia are encouraged to use PPGs
to fully capitalize on minimizing duplicative reporting requirements and financial constraints by
leveraging EPA financial assistance and flexibilities through joint priority setting.
For a grant program to be considered eligible for inclusion in a PPG, it must be funded through
the same appropriation as PPGs, the categorical State and Tribal Assistance Grants (STAG)
appropriation. Only funds included in the categorical grant earmark within the STAG
Appropriation are available for inclusion in PPGs, as the statutory authority to award a PPG
(Public Laws 104-13412 and 105-6513) is limited to those funds. As provided in 40 CFR Part 3514.
which contains the regulations specific to PPGs, the EPA Administrator may, in guidance or
regulation, describe subsequent additions, deletions, or changes to the list of state
environmental programs eligible for inclusion in Performance Partnership Grants.
Key Activities to Implement NEPPS
• National Programs will clearly identify their PPG-eligible grants in Section IV of their
National Program Guidances. Their National Program Guidances should discuss all
available flexibilities to recipients when including program funds in a PPG. As mentioned
in Section IV. greater administrative and financial flexibility is afforded to states and
Tribes that include their funding in a PPG. This information will aid grant work planning
and negotiations between EPA Regions and state and Tribal partners.
• Regions should communicate the benefits of PPGs to state and Tribal grant recipients
and clearly explain the administrative and programmatic benefits of PPG participation.
• Regions should address all possible scenarios for flexibility with the states and Tribes
early in the negotiation of PPAs and PPGs.
• Regions should inform OCIR when a PPA is eligible for renegotiation and work with OCIR
to amplify the announcement of the PPA after signature from Senior Leadership.
• Regions should provide OCIR with details and information from all requests for state
and/or Tribal flexibility and innovation to document these requests as examples for best
practices.
12 https://www.govinfo.gov/content/pkg/PLAW-104pnbH34/pdf/PLAW-104pnbH34.pdf
13 MmV/ww w,gMiiifo,gM/feont e nt/ekg/ELAWJL 05mibl65/edf|E^^
14 https://www.ecfr.gov/ciirrent/title-40/chapter-I/siibchapter-B/part-35
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• Regions should work with PPG recipients to adjust workplans in the event of
unanticipated environmental or budget variations. For additional reference, the Regions
should refer to the PPG Story Map15.
• Regional NEPPS Coordinators should continually engage with their state and Tribal
Project Officers and Regional contacts to provide OCIR with updates of all significant
PPAand PPG-related issues.
• Regions should contact OCIR and make every effort to resolve NEPPS issues through
direct communication and negotiation and use the formal dispute resolution process as
a last resort. Should issues arise, the process for resolving any policy and
implementation issues related to Performance Partnerships is outlined in GPI 15-0116
and 2 CF 0 Subpart E17.
• All relevant managers and staff should continually seek NEPPS and PPA/PPG-specific
training opportunities for continued understanding of changing regulations and/or
Policy Issuances. There are online PPG training courses available for EPA employees on
both state and Tribal PPGs.
• OCIR, in conjunction with the National Program Offices and the Regions, has developed
a new PPG example workplan. The optional example workplan addresses mutually
identified priorities and commitments that align with the Goals and Objectives of the FY
2022 - 2026 Strategic Plan.
• In addition to using this OCIR National Program Guidance as direction and guidance for
implementation of NEPPS, the Regions should refer to the following documents for
additional information:
o PPG Eligible Grants11
o The Best Practices Guide for PPGs and the StatesErrorl Bookmark not defined,
o The Best Practices Guide for PPGs with TribesErrorl Bookmark not defined,
o ECOS's Field Guide to Flexibility and Results15
o NEPPS resources can be found at: www.epa.gov/nepps
Section II.B. Evidence Act: Grant Commitments Met
In January 2019, EPA established an agencywide Evidence Act workgroup in response to the
Foundations for Evidence-Based Policymaking Act6 (Evidence Act). This led to the formation of
an advisory body to coordinate and lead the Agency's implementation of Evidence Act activities
15 https://storymaps.arcgis.com/stories/be474e9078ba43a381163797625d68be
16 falMs://www.eB3jgy/Mt£s/de^^^
17 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500
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and deliverables. OCIR leads the grant commitments met learning priority, which is guided by
the overarching learning question: How can EPA assess the extent to which commitments achieve the
intended environmental and/or human health results and identify possible next steps in establishing a
comprehensive grant reporting system?
Work under the Agency's Learning Agenda is a first step towards a better understanding of
current grant reporting and tracking processes across the Agency's 100+ current grant
programs. EPA awards over $5 billion in annual funding to grants and other assistance
agreements. New Agency funding provided by the American Rescue Plan,18 the Bipartisan
Infrastructure Law,19 and Inflation Reduction Act20 to fund grants and other assistance
agreements underscores the importance of this Learning Priority.21 The management and
tracking of the individual awards are dispersed amongst staff throughout headquarters and
EPA's ten regional offices, which makes tracking results at the national level challenging. The
Agency's current structures for tracking grant-related activities creates challenges in reporting
and evaluating environmental outcomes on a national scale. Gathering information on current
grant reporting and tracking processes will help EPA inform the development of a sustainable
and consistent process for negotiating and tracking the environmental outputs and outcomes
resulting from EPA's grant funding.
In the initial phase (Year 1 / FY 2021) of work, EPA addressed the question: How do EPA's
existing grant award and reporting systems identify and track grant commitments? The effort
culminated in the Year 1 Report, published in September 2022.
In the second year of the project (Year 2 / FY 2022), EPA addressed the question: What EPA
practices and tools (1) effectively track grantee progress towards meeting workplan grant
commitments including outputs and outcomes, and/or (2) support communication of national
program level outputs and outcomes? The effort resulted in a Year 2 Report, published in March
2023.
In the third year of the project (Year 3 / FY 2023), EPA addressed the question: What could EPA
do to prepare grant programs to report on consistently defined outputs and outcomes? This
culminated in a list for use in a pilot study, in the fourth year of the project (Year 4/ FY 2024),
with four EPA grant programs to test the application of the definitions and approaches.
In the fifth year of the project (Year 5/ FY 2025), EPA will address the question: To what extent
do the EPA's grant programs have measures that support the reporting of intended results?
18 H.R. 1319: American Rescue Plan Act of 2021
19 H.R.3684: Infrastructure Investment and Jobs Act
20 H.R.5375: Inflation Reduction Act of 2022
21 The American Rescue Plan, Bipartisan Infrastructure Law, and Inflation Reduction Act provide around $100
million, $60.89 billion, and $350 million in additional EPA funding, respectively, for a total of around $61.34 billion
in additional funding. See https://www.epa.gov/arp/abont-epas-american-rescne-plan-arp-fiinding.
https://www.epa.gov/infrastriictnre/explore-epas-bipartisan-infrastriictnre-law-fiiiiding-aUocations.
https://www.epa.gov/inflation-rednction-act/inflation-rednction-act-prograins-fight-climate-change-redncing-
embodied, accessed January 23, 2023.
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EPA expects to use the cumulative information gathered FY 2021 through FY 2025 to address
the overarching learning agenda question and to inform executive-level decisions about grants
management, including improvement to processes, guidance, and implementation of data and
reporting.
Key Activities to Implement Evidence Act: Grant Commitments Learning Agenda
• In FY 2021, EPA organized an extensive survey that gathered 462 responses from grant
programs across the Agency; the survey responses were analyzed to identify what data
(e.g., outputs and outcomes) are being collected and how programs are reporting on
grant activities across EPA.
• In addition, EPA analyzed other documents provided by NPMs to identify what data
grant programs collect and how programs report on activities across EPA.
• In FY 2022, EPA conducted approximately 30 in-depth interviews and some additional
analysis of data previously collected; grant programs were selected with pre-defined
considerations for individual or small group interviews with project officers or NPMs.
• This process built upon the previous year's efforts, by conducting an in-depth study of a
smaller number of programs to understand what the data can tell us about the
effectiveness of EPA grant programs.
• In FY 2023, EPA developed draft standard Agencywide definitions for outputs, a
potential list of standard behavioral change outcomes and environmental human health
outcomes (including climate and equity related metrics), and standard approaches for
collecting output and outcome data.
• To understand the types of outputs and outcomes that the EPA is already collecting and
reporting from grantees, EPA relied on the Strategic Plan, additional analysis of survey
data and national program documents collected in Year 1, Year 2 interview data, and
feedback from an advisory group comprised of key EPA staff including representatives
from all ten Regions and all National Program Offices.
• In FY 2024, EPA will complete a pilot study with four EPA grant programs to test the
application of the draft definitions and approaches.
• In FY 2025, the final year of the effort, EPA expects to use a methodology that relies on
document review, and analysis of quantitative and qualitative data focused on a subset
of Agency grant programs to review for environmental, human health, or other priority
strategic programmatic outcomes.
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• As the Learning Agenda progresses, EPA is publicly communicating the results of its
grant commitments met efforts through the EPA Evidence Act website.
SECTION III. IMPLEMENTING TRIBAL WORK
As discussed in the FY 2022-2026 EPA Strategic Plan1, OCIR is committed to collaborating and
strengthening our nation-to-nation relationship with our Tribal government partners. NEPPS
fosters EPA's continuing efforts to improve partnerships with its Tribal recipients by increasing
flexibility in using environmental program funding. The regulations found at 40 CFR §35.530-
538 reflect efforts by EPA and its Tribal partners to increase administrative and programmatic
flexibilities for Tribes to move towards improved environmental protection in Tribal
communities.
Tribal governments and intertribal consortia can gain greater financial flexibility in achieving
joint environmental priorities by choosing to combine eligible funds into a PPG. Under 40 CFR
§35.535, a Tribal government or consortium can use their PPG funds on any environmental
activity eligible under the environmental programs listed in 40 CFR §35.501. This allows Tribal
governments and consortia to use PPG funds for any eligible activity regardless of whether a
Tribe applied for or was selected for funding for that particular environmental program,
provided the Tribal government has the required delegation, approval, or authorization to carry
out the activities and that the Regional Administrator consults with the appropriate NPMs.
When a Tribal government or consortium decides to combine funds in a PPG, their total match
requirement is reduced to zero percent. EPA approved a regulatory class exception22 that
waives cost share requirements for Tribal PPGs at 40 CFR §35.536. This allows Tribes to reduce
their cost share requirements to zero percent when new or supplemental PPG funds are
awarded on or after October 1, 2021. The class exception is in place until EPA can revise or
remove cost share requirements from 40 CFR §35.536.
Section III.A. EPA-Tribal Environmental Plans
Tribes follow the same process described in Section IV when applying for, managing, and
closing out PPGs. When it comes to developing a PPG workplan, Tribes and intertribal consortia
have the option to use their EPA-Tribal Environmental Plans (ETEPs) as their PPG workplan, or
as a part of the workplan if it meets the workplan requirements listed in 40 CFR §35.507(b).
ETEPs are jointly developed documents outlining how EPA and each Tribal government will
work together to protect human health and the environment within the context of EPA
authorities. ETEPs are also a planning and communication tool for the Tribe and EPA that
provides a road map for future decision-making.
22 https://www.epa.gov/grants/rain-2022-g0
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When Indian Environmental General Assistance Program (GAP) funds are included in a PPG,
Tribes are required to develop an ETEP. ETEPs and associated indicators only apply to GAP-
funded components of the PPG23. An ETEP can be a standalone document that is referenced
when developing a PPG workplan or combined with the PPG workplan. Addressing both the
ETEP and PPG activities in a single document can be beneficial for strategic planning since it
draws a direct link between short and long-term goals.
SECTION IV. FLEXIBILITY AND GRANT PLANNING
OCIR, as the National Program Manager for NEPPS, has provided the following information to
use as programmatic guidance. This section outlines the critical areas in PPA and PPG
implementation, the mechanics in developing a workplan, identifying the accompanying
regulations, and fostering the benefits in optimizing available flexibilities and workload
tradeoffs through the E-Enterprise (EE) partnership to achieve environmental results. National
Program Offices are instructed to identify PPG-eligible grants11 and provide links to their most
recent grant guidance on EPA's website. Additionally, OCIR has ensured that all other National
Program Guidances do not negate or conflict with PPG regulations14.
Section IV.A. Implementing PPAs
Developing a PPA
A PPA is a high-level document signed by states or Tribes and Regional Senior Leadership to
identify joint environmental priorities to be accomplished. While the scope and content may
vary, PPAs typically address joint goals and objectives, the roles and responsibilities of each
partner, and how progress will be assessed. PPAs may include details of program
implementation needs, as well as the planned approach to bring about the greatest
environmental results. A PPA can act as a standalone agreement or can serve as the grant
workplan for a PPG and must be clearly identified.
Negotiating and Signing a PPA
A fundamental concept underlying PPAs is the recognition that all partners have unique
capacities, interests, and environmental priorities. Many states and Tribes use the process of
negotiating a PPA with their EPA Region as a mechanism for reaching mutual agreement on
joint priorities. Each EPA partnership negotiation accommodates for these differences and
considerations. While the length and content of the document may vary, individual PPAs can
range from a general statement about how the state and EPA will work together as partners, to
a more comprehensive multi-program document that details each party's roles and
responsibilities.
23 https://www.epa.gov/svstem/files/documents/2022-09/2022%20GAP%20Guidance.pdf
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Notification of Expiring and New PPAs
Approaching the expiration of a PPA, the Regions and states or Tribes convene to begin initial
conversations and negotiations for developing a new PPA. During this negotiation phase, the
Regions should notify OCIR, as well as their senior leaders and communications departments to
alert them of when a PPA is due to expire. Through this process, the Regions and OCIR can
amplify accomplishments of expired PPAs as well as promote the recently identified joint
priorities between the state or Tribes and EPA upon the signing of a new PPA.
Section IV.B. Implementing PPGs
Development of a PPG Workplan
A PPG workplan is negotiated between the applicant and EPA. It reflects consideration of
national, regional, state, or Tribal environmental and programmatic needs and priorities.
Applicants must ensure their workplans meet the requirements outlined in 40 CFR Part 3514. A
successful workplan depends upon a mutual understanding about what will be accomplished
and by whom under the agreement. The applicant and EPA should ensure that program goals,
priorities, and resource needs are considered in the planning process and are adequately
reflected in PPG workplans. To do this, applicants and EPA begin working closely together early
in the planning process to exchange EPA guidance, state or Tribal directives, results of
environmental and program assessments, and other information for consideration in
developing the PPG workplan. From these discussions, the joint EPA-state orTribal priorities are
developed.
Regions are encouraged to take full advantage of online collaboration platforms when
negotiating PPGs. These platforms allow both EPA and the PPG recipient to work cohesively
together and track progress towards finalizing workplans.
While developing their workplans, applicants have the option to use an example PPG workplan
developed by OCIR. This simplified document offers a user-friendly approach to capturing the
essential elements for a grant workplan. This template may also serve as a tool for tracking and
reporting environmental results. Regions are encouraged to explore this option to help
facilitate commitment tracking and reporting. Applicants interested in learning more about the
example workplan and integrating it into the PPG process should contact their regional NEPPS
Coordinator24.
How to Apply
24 https://www.epa.gov/ocir/nepps-contacts
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Applicants submit their application into grants.gov at least 60 days before the beginning of the
proposed funding period. The steps to apply are listed below:
1. Go to www.grants.gov.
2. Under the "Applicants" tab, click "How to Apply for Grants."
3. Near the bottom-right of the page, click the red button, "Search for Opportunity
Package."
4. In the field "Funding Opportunity Number," type EPA-CEP-01 (leave the "Opportunity
Package ID" field blank) and click "Search."
5. CFDA number 66.605 can be found at the bottom of the list; users can click "Preview" to
download the required forms or "Apply" to begin the application process.
The application must contain the following:
1. List of the environmental programs and the amount of funds from each program
to be combined in the PPG
2. A consolidated budget
3. A consolidated workplan which addresses each program that is combined in the
grant and meets the requirements of 40 CFR §35.10? or 40 CFR §35.507. as
applicable.
Applicants with questions about submission requirements should contact their regional Grants
Management Officer (GMO) or their regional NEPPS Coordinator.
Cost Sharing
As part of the consolidated budget, the applicant for a state PPG must provide a non-federal
match or cost share that is not less than the sum of the minimum non-federal cost share
required under each of the environmental programs in the PPG. Cost share requirements for
the individual environmental programs are described in 40 CFR §§35.140 to 35.41814.
When an environmental program included in a PPG has both a matching and maintenance of
effort requirement, the greater of the two amounts is used to calculate the cost share
attributed to that environmental program. Just as federal funds in the PPG do not need to be
accounted for based on their original program source, the non-federal share of a PPG may be
expended on workplan commitments without regard to the original source of the cost share
requirement.
As of October 1, 2021, the EPA Office of Grants and Debarment (OGD) approved a regulatory
class exception from 40 CFR §35.53622, to reduce the required Tribal PPG cost share to 0% for
all included programs, with the following conditions:
• The class exception is effective October 1, 2021 and applies only to new Tribal or
intertribal consortia PPGs and new funding awarded via supplemental amendments to
Tribal or intertribal consortia PPGs awarded on or after October 1, 2021.
• The class exception is in place until EPA can revise or remove cost share requirements
from 40 CFR §35.536.
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If cost share was included in the budget of a new award or supplemental amendment to a
Tribal or intertribal consortium PPG awarded after October 1, 2021, the recipient is required to
comply with the cost share contribution and reporting requirements; however, the recipient
can request removal of the voluntary cost share. Cost share associated with funds approved
and/or awarded prior to October 1, 2021, remain unaffected by this regulatory exception.
Reporting
EPA must regularly evaluate the grant recipient's performance. This is necessary to
demonstrate achievement of the program's commitments, share lessons learned, improve
program outcomes, and foster adoption of effective practices. Recipients are responsible for
managing each project activity supported by the award to assure compliance with applicable
federal requirements and that performance expectations are being achieved. States and Tribes
should submit annual reports addressing all included programs, and semi-annual reports
addressing those programs with semi-annual reporting requirements. Alternatively, and at the
recipient's discretion, the recipient may submit semi-annual reports addressing all programs
included in the PPG.
In effectively managing the funds, especially in the event of unexpended funds, or unliquidated
obligations (ULOs), for assistance agreements and grants, the regions should follow the
procedures outlined in EPA's Grants Policy lssuance-11-0125. The policy requires that a ULO
review is performed at least annually and that EPA Project Officers maintain adequate
documentation of project management activities from inception to the closeout of the
assistance agreement.
Closeout
The recipient is required to submit a Final Financial Report (FFR), a Final Technical Report (FTR),
and other reports as indicated in the terms and conditions of the award, no later than 120
calendar days after the end date of the period of performance. Once EPA receives the required
documents and has determined that all applicable administrative actions and required work of
the federal award have been completed by the recipient, the grant award will be closed.
If the recipient does not submit all final reports within one year, EPA must report the recipient's
material failure to comply with the terms and conditions of the award in the Federal Awardee
Performance and Integrity Information System (FAPIIS). Additionally, EPA may, in accordance
with applicable regulations, take enforcement action, including potential recovery of funds
25 https://www.epa.gov/grants/grants-policY-issiiance-l l-01-managing-unliaiiidated-obligations-aiKl-ensiiring-
progress-under
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reimbursed to your organization. For more information, please reference OGD's website26 and
the closeout regulations found at 2 CFR Part 20027.
Training
For EPA Project Officers, state and Tribal staff, and others interested in learning more about the
implementation of PPGs, an online training is available. This training provides an overview of
NEPPS, a discussion of the regulations and polices related to PPGs, and other valuable
information pertaining to the negotiation, management, and closeout of PPGs. While this
training provides helpful information to all interested parties, OCIR anticipates a companion
training specific to Tribal PPGs to be developed by the end of FY 2025.
Section IV.C. PPG Flexibilities
One of the fundamental benefits of PPGs is the range of flexibilities available in meeting
environmental goals. EPA issued GPi-15-0116 with the specific intent to foster awareness of the
administrative and programmatic flexibilities in managing PPGs.
A primary advantage of PPGs is the administrative flexibility provided to all PPG recipients. A
PPG requires only a single application, workplan, and budget, regardless of how many
environmental programs provide funds for the PPG. Once funds are awarded in a PPG,
recipients can direct the funds as needed to achieve workplan commitments, and do not need
to account for funds in accordance with their original funding program sources.
Just as the accounting of federal funds in the PPG are not based on the original program source,
the non-federal share of a PPG may be expended on workplan commitments without regard to
the original source of the cost share requirement. These administrative features also make it
possible for states to negotiate a workplan that includes cross-media or innovative strategies
for addressing environmental problems.
Another benefit of PPGs is that states and Tribes have the option to submit one overall progress
report rather than an individual progress report for each grant program. Because of the
financial flexibility inherent in PPGs, reporting on workplan commitments is crucial for ensuring
PPG success. PPGs can also provide efficiencies by reducing costs, streamlining paperwork, and
accounting procedures.
If approved by the EPA Regional Administrator, a PPG can also provide the recipient with
flexibility to increase efforts in some program areas where its needs are greater and decrease
them in other areas where the needs are less. In applying for programmatic flexibility, the PPG
applicant must provide a rationale, commensurate with the extent of any flexibility being
proposed in the workplan, that explains the basis for the applicant's priorities, the expected
26 https://www.epa.gov/grants/freqnent-anestions-abont-closeonts
27 https://www.ecfr.gov/cnrrent/tltle-2/snbtltle-A/chapter-II/part-200
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environmental or other benefits to be achieved, and the anticipated impact on any
environmental programs or program areas proposed for reduced effort in the PPG.
The applicant must also assure that basic program commitments are maintained for all
programs combined in the grant. The Regional Administrator and applicant will negotiate and
reference information in determining an application for flexibility. Information useful in
supporting an applicant's proposal for programmatic flexibility may be found in existing PPAs, a
recent water quality report, or a previous grant evaluation. Such information should be used to
the extent possible to minimize duplication of effort.
As cited in 40 CFR §35.107(a)(2) or 40 CFR §35.50 |,
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1) Operate as a transformative model of shared governance, in which the partnering
environmental agencies jointly identify priorities, define, and solve problems, and
improve and implement environmental programs.
2) Improve environmental protection by enhancing program performance, streamlining,
and modernizing environmental programs, and sharing best practices.
3) Find technological solutions that partners can share, adapt, and deploy across
organizations and media where possible.
Through E-Enterprise and as reflected in the Agency's FY 2022-2026 Strategic Plan, EPA and
state and Tribes prioritize shared concerns, address challenges, and build efficient and effective
solutions. EPA, along with the states and Tribes, are encouraged to make the best use of new IT
tools and technologies to improve environmental results. EE supports a variety of projects: the
Agency may better understand the use of "participatory science" in environmental data
management, develop a robust compliance Learning Agenda28, and advance environmental
monitoring technologies. States and Tribes are encouraged to use Workload Tradeoffs to adjust
grant workplans to focus on collaborative projects such as these related to work modernization.
The EPA E-Enterprise Regional Coordinators (EERCs) actively engage in building strong
relationships with state and Tribal partners, including supporting work on innovative solutions.
One way to accomplish this is to offer greater flexibility in EPA state/Tribal cooperative
agreements, including PPGs. These temporary workload tradeoffs allow states and Tribes to
focus on improving business processes and efficiencies. States and Tribes work with EPA
regional offices to consider workload tradeoffs, which permit a temporary decrease of existing
work to allow for new, modernization work to occur. Workload tradeoffs do not always include
federal grant resources or may be managed within a program covered by a single grant.
Furthermore, there may be occasions in which the funding demands within a program, or the
technical and/or expertise needs of a particular project, deem a tradeoff as not
practical/eligible. For additional information, please refer to the EPA's E-Enterprise tradeoff
Guidance29.
EPA programs and Regions, along with the rest of the EE community, use the E-Enterprise
Community inventory Platform30 (EECIP) as a comprehensive information-sharing tool providing
updated information and resources about specific EE-related projects. Specifically, EECIP can be
used to share flexibilities grant recipients have successfully negotiated into their PPAs/PPGs. An
example of an approved workload tradeoff request in a PPG workplan can be found in EECIP,
along with other examples of PPA workload trade-off language and workload trade-off
reporting in an annual PPG progress report. Lastly, the EERCs have produced a Best Practices
Sheet31 which speaks to the benefits of using EECIP30 for sharing information on workload
trade-offs and much more.
28 htlps://e-enterprisefortheenviron.ment.net/onr-proiects/compliance-learnlng-agenda/
291:»Ms:/fewwjmi^^
30 hjMs://www,ee^^
31 https://e-enterprisefortheenvironment.net/wp-content/uploads/2018/02/EECIP EPA BestPractlces 2022.pdf
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SECTION V. FEDERAL CIVIL RIGHTS RESPONSIBILITIES, INCLUDING TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
In 1994, Executive Order 1289832 was issued to direct Federal agencies to incorporate achieving
environmental justice into their mission. The Presidential Memorandum33 accompanying that
Executive Order required in part, that consistent with Title VI, each Federal agency "...ensure
that all programs or activities receiving Federal financial assistance that affect human health or
the environment do not directly, or through contractual or other arrangements, use criteria,
methods, or practices that discriminate on the basis of race, color, or national origin."34
EPA has a responsibility to ensure that recipients and subrecipients of federal financial
assistance from EPA - including states, municipalities, and other public and private entities -
comply with federal civil rights laws that prohibit discrimination based on race, color, national
origin (including limited English proficiency), disability, sex, and age, including Title VI of the
Civil Rights Act of 1964.35
EPA's implementing regulation generally prohibits discrimination in any programs, activities,
and services receiving federal financial assistance.36 In addition, EPA's implementing regulations
at 40 Code of Federal Regulations Section 7.35 states that programs or activities receiving EPA
assistance "shall not directly or through contractual, licensing, or other arrangements on the
basis of race, color, or national origin...":
• Subject a person to segregation or separate treatment.
• Deny a person or group the opportunity to participate as members of any planning or
advisory body.
• Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by
others receiving any service, aid, or benefit provided by the program.
• Use criteria or methods of administration "which have the effect of subjecting
individuals to discrimination."
• Choose a site or location of a facility with "the purpose or effect of excluding individuals
from, denying them the benefits of, or subjecting them to discrimination," among other
things.
EPA's nondiscrimination regulations at 40 Code of Federal Regulations Parts 5 and 7 also
32 E.G. 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16,1994.
33 Presidential Memorandum on E,Q, for Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations (pdf).
34 Id.
35 Title VI of the Civil Rights Act of 1964,42 U.S.C. §§ 2000(d) etseq. (Title VI); Section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C., 29 U.S.C. § 794, Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. §§ 1681 et seq.; Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq.; Federal Water Pollution Control
Act Amendments of 1972, Pub. L. 92 500 § 13, 86 Stat. 903 (codified as amended at 33 U.S.C. § 1251 (1972)); 40
C.F.R. Parts 5 and 7.
36 See 40 Code of Federal Regulations (C.F.R.) Section 7.30.
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contain longstanding procedural requirements applicable to applicants for and recipients
(including sub-recipients) of EPA financial assistance.37 These regulations require recipients to
have a notice of nondiscrimination, nondiscrimination coordinator, grievance procedures, a
process for collecting and maintaining nondiscrimination compliance information, and pursuant
to Title VI and the Rehabilitation Act of 1973, to develop policies and procedures for ensuring
meaningful access to programs and activities for individuals with limited-English proficiency and
individuals with disabilities. In addition, recipients' public participation processes must also be
implemented consistent with the federal civil rights laws.38
EPA intends to carefully evaluate the implementation of EPA financial assistance
programs for compliance with civil rights laws by recipients of EPA funding to ensure that no
community is excluded from receiving or denied benefit of funding based on race, color,
national origin (including limited English proficiency), age, disability, or sex.
For more information about the federal civil rights laws enforced by EPA, including Title VI,
please visit: https://www.epa.eov/ocr/title-vi-laws-and-reeulations and
https://www. 8 P c3«^ 03 V /O ^ C JXt 81°* n c31 C i i I 1°* i ^ h t S C O PI i c3 n C 8 O ff i C 8 t i 118 i.
37 EPA's nondiscrimination regulation at 40 C.F.R. Parts 5 and 7 requires recipients to establish and implement
their own nondiscrimination programs. See 40 C.F.R. §§ 7.80-7.100.
38 See Title VI, 42 U.S.C. 2000(d) et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794;
Lau v. Nichols, 414 U.S. 563, 568-69 (1974) (finding that the government properly required language services to be
provided under a recipient's Title VI obligations not to discriminate based on national origin); 40 C.F.R. § 7.35(a).
See also U.S. EPA, Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons. 69 FR 35602, June
25, 2004; U.S. EPA, Title VI Public Involvement Guidance for EPA Assistance Recipients Administering
Environmental Permitting Programs, 71 FR 14207, March 21. 2006; U.S. EPA, Procedural Safeguards Checklist for
Recipients (rev. Jan. 2020), which provides a more detailed explanation of nondiscrimination obligations and best
practices; U.S. EPA, Disability Nondiscrimination Plan Sample (2017).
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SECTION VI. CONTACTS
Contact Name
Subject/Program
Area
Phone
Email
Tim Del Monico, Associate Administrator for the
Office of Congressional and Intergovernmental
Relations
NEPPS/
Evidence Act
202-564-7987
delmonico.tim(® eoa.gov
Kevin Bailey, Deputy Associate Administrator for
the Office of Congressional and Intergovernmental
Relations
NEPPS/
Evidence Act
202-564-2998
bailev.kevini(® eoa.gov
Melissa Saddler, Director, Regional Partnerships
and Operations, AO-OCIR
NEPPS/
Evidence Act
202-564-5455
saddler. melissa(® eoa.gov
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