FY2023 TSCA Section 404(g) Lead-Based Paint Grant Program Guidance March 2023


FY2023 TSCA Section 404(g) Lead-Based
Paint Grant Program Guidance

March 2023

U.S. Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention

FY23 TSCA 404(g) LBP Grant Program Guidance

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Contents

I.	Purpose and Scope	-2

II.	Background and Authority	- 2

III.	Federal Civil Rights Responsibilities, Including Title VI of the Civil Rights Act of 1964- 4

IV.	Eligibility	-6

V.	Activities to Be Funded	-7

A.	Overview	-7

B.	Lists of eligible activities that may be funded	- 7

1.	Develop required elements of authorized lead-based paint programs:	-7

2.	Implement the program:	- 7

3.	Report on grant performance:	-8

I. Grant Activities that are not authorized	-8

VI.	Program Income	- 9

VII.	Funds Available	-9

VIII.Funding	for EPA Authorized Lead Programs	- 10

A.	Financial Assistance to Tribes	- 10

B.	Financial Assistance to States	- 10

IX.	Agency Direct Implementation	-11

X.	Submission Requirements	-13

XI.	Workplans	-14

XII.	Merit Review	-15

XIII.	Reporting	- 15

XIV.Cost	Principles for State, Local, and Indian Tribal Governments	- 16

XV.	Support of Salaries and Wages	-16

Attachment A - Merit Review Checklist for States	- 18

Attachment B - Merit Review Checklist for Tribes	-20

Table 1 - STAG Distribution	- 24

Table 2 - Regional Distribution	- 25

Table 3 - Regional Direct Implementation	- 26

Table 4 - State Formula Allocation	- 27

Table 5 - STAG Distribution Formula	- 28

FY23 TSCA 404(g) LBP Grant Program Guidance	- 1

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I. Purpose and Scope

The U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution
Prevention (OCSPP) is issuing the FY2023 Lead-Based Paint Program grant guidance for
financial assistance agreements (grants) to states, territories, the District of Columbia, and
eligible tribes and intertribal consortia under the authority of section 404(g) of the Toxic
Substances Control Act (TSCA) (15 U.S.C. 2684(g)). Lead-based paint program grants are
awarded 1) to develop and/or carry out an authorized lead-based paint activities program; 2) to
develop and/or carry out an authorized lead pre-renovation education program; and 3) to develop
and/or carry out an authorized renovation, repair and painting program. Collectively these
programs are referred to as lead-based paint programs.

Since 1994, EPA has been offering financial assistance agreements under TSCA section 404(g)
to states, territories, and the District of Columbia (hereafter referred to as "states") and to indian
tribes and intertribal consortia (hereafter referred to as "tribes"). EPA encourages states and
tribes to seek authorization of their own lead-based paint programs. EPA's goal is to have
authorized programs in all states and on those indian tribal lands where such a program is
warranted.

The grants must be used to develop and implement authorized programs. To receive funding for
program development, a state or tribe must be making substantial progress toward an authorized
program. Therefore, the EPA Regional Offices (Regional Offices), as part of its grant oversight
responsibilities, will work with the grantees to determine the appropriate amount of funding
based upon the amount of developmental work to be completed as the grantee makes progress
toward authorization. After a program is authorized, grantee funding is provided to implement
the authorized program.

This guidance describes the purposes of this grant program and EPA's authority for issuing
them; explains what entities are eligible to apply for grants; outlines what activities can be
funded; explains how the funds will be awarded and distributed, including the criteria EPA will
consider when evaluating grant proposals; discusses grant application submission requirements;
and summarizes grant reporting requirements. Proposals that qualify for funding will be funded
according to the procedures outlined in the Section VIII, Funding for EPA Authorized Lead
Programs.

II. ^ ' jkground and Authority

On October 28, 1992, the U.S. Congress passed the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (Title X of Public Law 102-550). Title X amended TSCA by adding Title
IV—Lead Exposure Reduction (15 U.S.C. 2681 et seq.). The purpose of Title X was to develop a
national strategy and to build an infrastructure to eliminate lead-based paint hazards in all
housing.

Congress passed Title X based on findings that: 1) low-level lead poisoning is widespread among
American children, affecting as many as three million children under the age of six, with
minority and low-income communities being disproportionately affected; 2) low levels of lead

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poisoning in children cause intelligence quotient deficiencies, reading and learning disabilities,
impaired hearing, reduced attention span, hyperactivity, and behavior problems; 3) pre-1980
American housing stock contains more than three million tons of lead in the form of lead-based
paint; and 4) the ingestion of household dust containing lead from deteriorating or abraded lead-
based paint is the most common cause of lead poisoning in children.

Section 402(a) of TSCA authorizes EPA to promulgate regulations governing lead-based paint
activities to ensure that individuals engaged in such activities are properly trained, that the
training programs are accredited, and that contractors engaged in such activities are certified.
EPA promulgated these regulations at 40 CFR part 745, subpart L.

Section 402(c) of TSCA authorizes EPA to promulgate regulations governing renovation
activities conducted in homes and child-occupied facilities built before 1978 that produce a lead-
based paint hazard. EPA promulgated these regulations at 40 CFR part 745, subpart E. This
regulation also amended provisions under 40 CFR Subpart Q to allow for the authorization of
state, tribal or territorial Renovation, Repair and Painting (RRP) programs.

Section 406(b) of TSCA authorizes EPA to promulgate regulations to require each person who
performs for compensation renovation and remodeling of target housing or child-occupied
facilities to provide a pre-renovation lead hazard information pamphlet to the owner and
occupant of such housing or child-occupied facility prior to commencing the renovation. EPA
promulgated the regulations called for by section 406(b) (Lead Pre- Renovation Education Rule)
at 40 CFR Part 745, subpart E.

Under TSCA section 404, EPA may authorize any state to administer and enforce the standards,
regulations, or other requirements established under TSCA sections 402 and/or 406(b) if the state
has a program that is at least as protective of human health and the environment as the program
specified in TSCA sections 402 and/or 406(b), and that provides adequate enforcement. EPA's
implementing regulations at 40 CFR part 745, subpart Q, extends EPA's ability to authorize
lead-based paint programs to indian tribes. This extension to indian tribes is consistent with the
general principles of federal indian law and the Agency's indian policy, which states that tribal
governments will implement environmental programs in Indian Country to the maximum extent
possible.

EPA administers the TSCA lead-based paint grant program under the authority of section 404(g)
of TSCA. Regulations governing these grants are found at 2 CFR 200 and 2 CFR 1500 (Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Assistance).
Regulations which supplement the EPA general assistance regulations found in 2 CFR 200 and 2
CFR 1500 are found at 40 CFR part 35, subpart A, and subpart B. Contained within 40 CFR part
35 are specific subsections which govern grants for the lead-based paint program under section
404(g); 40 CFR 35.270 through 35.272 (applicable to states, territories, and the District of
Columbia), and 40 CFR 35.690 through 35.693 (applicable to indian tribes and intertribal
consortia). This grant program managed by OCSPP is listed in the Catalog of Federal Domestic
Assistance (CFDA) under program number 66.707 TSCA Title IV State Lead Grants
Certification of Lead-Based Paint Professionals.

The Regional Offices administer these grants pursuant to a delegation of authority that permits
the 10 EPA Regional Administrators to enter into grants and cooperative agreements with

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eligible states and tribes1. This OCSPP national lead grant guidance document is directed
primarily to EPA's Regional Offices to facilitate and support regional administration of this
program. Regional Offices will work closely with the states and tribes to develop programs that
reflect both EPA and state and Tribal program priorities.

Section 404(h) of TSCA requires EPA to implement and enforce a federal lead-based paint
program in all states and Tribal areas that do not have a program authorized by EPA under 40
CFR part 745, subpart Q. Although EPA's goal is to authorize as many state and Tribal programs
as possible, the Agency and Congress anticipated that there would be a number of states and
tribes that would not seek program authorization. EPA is authorized to use section 404(g) funds
to implement a federal lead-based paint program for non-authorized states and tribes. See 40
CFR 35.116, and 40 CFR35.516.

in. Federal Civil Rights Responsibilities, Including Title VI of the
Civil Rights Act of 1984

In 1994, Executive Order 128982 was issued to direct Federal agencies to incorporate achieving
environmental justice into their mission. The Presidential Memorandum' 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."4

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 on the basis of race, color, national origin
(including limited English proficiency), disability, sex and age, including Title VI of the Civil
Rights Act of 1964.5

EPA's implementing regulation generally prohibits discrimination in any programs, activities
and services receiving federal financial assistance (40 CFR § 7.30;

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-A/part-7/subpart-B/section-7.30y In
addition, EPA's implementing regulations at 40 CFR § 7.35 state 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;

1 http://intranet.epa.gov/ohr/rmpolicv/ads/dm/12-29.htm

2 Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, 59 FR 7629, February 16, 1994.

3 Presidential Memorandum on Executive Order for Federal Actions to Address Environmental Justice In Minority
Populations and Low-Income Populations (pdf).

4 Id.

5 Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000(d) et seq. (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.

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• 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;" or

• 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 regulation at 40 CFR Parts 5 and 7 also contains longstanding
procedural requirements applicable to applicants for and recipients (including sub-recipients) of
EPA financial assistance.6 These requirements include having 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, developing 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.7

EPA intends to carefully evaluate the implementation of EPA financial assistance to ensure
compliance with civil rights laws by recipients of EPA funding and 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.gov/ocr/title-vi-laws-and-regulations and
https://www.epa.gov/ogc/external-civil-rights-compliance-office-title-vi.

6 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.

7 See Title VI, 42 U.S.C. 2000(d) etseq.; 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) (available at https://www.epa.gov/sites/production/files/2020-
02/documents/title_vi_lep_guidance_for_epa_recipients_2004.06.25.pdf);_U.S. EPA, Title VI Public Involvement
Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs, 71 FR 14207 (March
21, 2006) (available at https://www.epa.gov/sites/production/files/2020-

02/documents/title_vi_public_involvement_guidance_for_epa_recipients_2006.03.21.pdf); U.S. EPA, Procedural
Safeguards Checklist for Recipients, at https://www.epa.gov/sites/production/files/2020-

02/documents/procedural safeguards checklist for recipients 2020.Ol.pdf (rev. Jan. 2020) (which provides a more
detailed explanation of nondiscrimination obligations and best practices): U.S. EPA, Disability Nondiscrimination
Plan Sample, at https://www.epa.gov/sites/production/files/202Q-

02/documents/disabilitv nondiscrimination plan sample for recipients 2020.0l.pdf. (2017X

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IV. Eligibility

States and tribes are eligible to apply for financial assistance under this program. To be eligible
for funding under this grant a tribe must meet the criteria in 40 CFR 35.693(a).

A state or Tribal applicant may receive assistance if it is either implementing an EPA authorized
lead-based paint program pursuant to 40 CFR Part 745, subpart Q, or if it is developing a lead-
based paint program that will be authorized in the future. The Regional Offices, as part of their
grant oversight responsibilities, will have discretion with respect to determining whether a given
state or tribe is making sufficient progress toward the development and implementation of a
program under TSCA Title IV. Failure to make satisfactory progress toward program
authorization will result in a state or tribe receiving no funding.

Where the Agency has direct implementation responsibilities, EPA cannot provide financial
assistance under this grant program to non-authorized states or tribes to assist the Agency in
implementing and enforcing a Federal program under TSCA section 404(h). Eligible parties may
use this grant support in a way that complements and does not duplicate activities for which they
already receive or could receive financial assistance from other federal sources (e.g., Centers for
Disease Control and Prevention (CDC) and U.S. Department of Housing and Urban
Development (HUD)).

Where funding is provided to sates and tribes for both TSCA 404(g) Lead STAG grants and
OECA's Toxic Substances Compliance Monitoring Cooperative agreements, those awards may
not be consolidated as a single grant because TSCA 404(g) Lead STAG grant funds cannot be
used for enforcement activities. The assistance agreements must either be awarded as two
separate grants or be combined in a Performance Partnership Grant (PPG).

In the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub. L. 104-134, 110
Stat. 1321, 1321-299 (1996) and EPA's FY 1998 Appropriation Act, Pub. L. 105-65, 111 Stat.
1344, 1373 (1997), Congress authorized the award of PPGs in which states, interstate agencies,
tribes, or intertribal consortia can choose to combine two or more environmental program grants
into one grant with one combined budget.

Under a PPG, a recipient can achieve cost and administrative savings through reductions in the
amount of grant paperwork as well as simplified accounting requirements that do not require the
recipient to account for expenditures in accordance with the original funding sources. With
PPGs, recipients can negotiate work plans with EPA that direct federal funds where the
recipients need them most to address environmental and public health problems. Recipients may
combine multimedia approaches and initiatives, for example combine funds from this grant
program with other environmental program grants, such as the Toxic Substances Compliance
Monitoring grants. States must adhere to the requirements for PPGs in 40 CFR 35.130 through
35.138. Tribes must adhere to the requirements for PPGs in 40 CFR 35.530 through 35.538.

In negotiating a PPG, regions and applicants should continue to use the OCSPP Lead Grant
Guidance to ensure that program priorities are met. States, tribes, and territories may apply for
PPGs for a multi-year budget period. PPGs are subject to the same reporting, joint evaluation and
other accountability requirements described in 2 CFR Part 200, 2 CFR Part 1500, and 40 CFR
Part 35 Subpart A or Subpart B.

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V. Activities to Be Funded

A. Overview

The framework of the national Guidance is structured to ensure usability, and clearly
communicate expectations to grantees. This section concisely summarizes the OCSPP program
areas and clearly lists eligible activities that may be funded under this program. Required
elements of authorized lead-based paint programs are specified in 40 CFR 745.323 through
745.327. Although the list below is not exhaustive, funding under this grant can be used for the
following purposes

B, Lists of eligible activities that may be funded

1. Develop required elements of authorized lead-based paint programs:

Develop and/or enact enabling legislation.

Adopt implementing regulations.

Develop and/or revise, as needed, work practice standards for the conduct of lead-
based paint activities and for the conduct of renovation, repair, and painting.

Develop and/or adopt lead hazard standards and clearance standards for lead in soil,
dust, and paint.

Develop and/or revise, as needed, lead-based paint programs, including regulations or
procedures for decertification, suspension, revocation or modification of approvals
and certificates.

Develop and/or revise, as needed, requirements for the administration of a third-party
certification exam.

2. Implement the program:

Maintain, improve and/or develop the appropriate infrastructure to successfully
administer and enforce a program to ensure that individuals engaged in lead-based
paint activities and/or renovation, repair and painting activities regulated by a
grantee's lead-based paint renovation, repair, and painting program are properly
trained, that training programs are accredited, and that contractors and firms engaged
in such activities are certified.

Foster activities that would increase the efficiency of a grantees program to ensure
that individuals engaged in lead-based paint activities and/or renovation, repair and
painting activities regulated by a grantee's program are properly trained; that training
programs are accredited; and that contractors engaged in such activities are certified.
These activities could include initiatives to develop local capacity in low-income and
rural areas, to promote increased competition in the regulated community through
agreements which permit entities recognized by an outside jurisdiction to operate in
the grantee's jurisdiction (referred to as "reciprocity"), and similar efforts.

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Foster activities that increase public demand for certified firms and individuals and
accredited training providers. These activities could include the provision of outreach
and education to the regulated community or the public, as long as the
outreach/education activities are designed to increase the number of certified firms,
trained individuals and accredited training providers.

Adjust or enhance the appropriate infrastructure to accommodate additional program
responsibilities.

Maintain, improve and/or develop a system to document certification of inspectors,
risk assessors, supervisors, workers, project designers, renovators, and dust sampling
technicians.

Maintain, improve and/or develop the appropriate infrastructure to successfully
administer and enforce a program to ensure that renovation contractors provide lead-
hazard information to building owners and residents.

Oversee the conduct of certified individuals engaged in lead-based paint activities to
ensure that they are conducting their activities in accordance with all applicable
regulations, including monitoring inspection, risk assessment, and abatement
activities per the authorized program.

Oversee the conduct of certified renovators engaged in regulated renovation, repair
and painting activities to ensure that they are conducting their activities according to
all applicable regulations per the authorized program.

Oversee accredited training programs per the authorized program.

3. Report on grant performance:

• Prepare a report per 40 CFR 745.327(d) and/or 2 CFR 200 and 2 CFR 1500 grant
reporting requirements on the grantees program progress and performance.

I, Grant Activities that are not authorized8

Section 404(g) of TSCA does not authorize grant funds awarded under this program to be used
for the following activities:

Activities or programs that provide general lead awareness outreach and education to
the public, including

o The development of materials,
o The printing and distribution of materials,
o Purchasing radio, TV or other mass media advertising.

8 Based on Guidance from OGC on the Use of State and Tribal Assistance Grant Funds under TSCA Sections 10, 28
and 404(g).

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Geographic Information Systems (GIS) mapping and other technology to identify
neighborhoods with high incidences of children with elevated blood lead levels.

The performance of inspections, risk assessments, or lead-based paint abatements.

The training of renovators, dust sampling technicians, inspectors, risk assessors,
project designers, abatement supervisors or abatement workers.

Enforcement activities including field inspections and case development. (EPA's
Office of Enforcement and Compliance Assurance provides grants to fund
compliance assurance and enforcement activities in authorized lead-based paint
programs.)

Funding staff to perform functions other than those allowed, as listed in the section of
this guidance entitled "Activities to Be Funded."

VI. Program Income

Under TSCA, authorized lead-based paint training and certification programs are required to
collect fees to cover certain costs incurred by the program. These fees are considered "program
income," which is defined as "gross income received by a grantee or subgrantee directly
generated by a grant supported activity or earned only as a result of the grant agreement during
the grant period." See 2 CFR 200 and 2 CFR 1500. It includes income from fees for services
performed by the recipient. Program income generated by activities supported under TSCA
section 404(g) grants may include fees that a state or tribe charges for training, accreditation,
certification, licensing or other services performed by the lead-based paint program, as well as
fees that are collected which provide for enforcement of standards and regulations.

Consequently, states and tribes must comply with the rules governing "program income," found
at 2 CFR 200.307 and 2 CFR 1500.7. Specifically, recipients are authorized to add program
income to the funds committed to the grant agreement. According to 2 CFR 200.307(e)(2), this
program income must be used for the purposes and under the conditions of the grant agreement.
Note that according to 2 CFR 200.307(e), a designation must be made in the grant agreement that
the addition method is being applied to program income. The recipient must provide as part of its
quarterly performance report, a description of how program income is being used.

VII. Funds Available

EPA anticipates $16,326,000in FY2023 appropriated STAG funds available to support EPA's
Lead Program, as shown in Table 1 (STAG Distribution). As shown in Table 5 (STAG
Distribution Formula and Table 4 (State Formula Allocation). EPA expects that up to
$12,001,000 in FY2023 appropriated funds will be available for financial assistance agreements
under TSCA section 404(g) for awards to states for the development and implementation of
EPA-authorized lead-based paint activities (402(a)) programs, Renovation Repair and Painting
Programs (402(c)), and Pre-Renovation Education Programs (406(b)). Of that amount, the
Agency is reserving up to $200,000 for states, tribes or territories that receive authorization for
an RRP program and $100,000 for tribes to develop and implement an EPA-authorized lead-
based paint program. Any funds not used for this purpose will be allocated for other purposes
within the lead program.

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The FY2023 deadline for commitment of funds is June 30, 2023, and for obligation of funds is
September 1, 2023. Carryover of FY2023 funds into FY2024 will not be allowed. Funds not
committed or obligated by a region by these deadlines will be reprogrammed to EPA HQ and
allocated for other purposes within the lead program. In addition, all STAG funds returned from
grantees during FY2023, including returned STAG designated as budget code E1D will be
reprogrammed back to EPA HQ at that time and allocated for other purposes within the lead
program.

VIII. Funding for EPA Authorized Lead Programs

A. Financial Assistance to Tribes

Each tribe that submits a qualifying proposal and is making sufficient progress toward the
development and/or implementation of an acceptable lead-based paint program, as determined by
the Regional Offices, may receive base funding of up to $50,000. Though tribes without an
authorized program may submit qualifying proposals, the award of funds will be based upon the
applicant's progress in developing an acceptable program, including implementing regulations
and seeking program authorization from EPA. Failure to make satisfactory progress toward
program authorization will result in the tribe receiving no funding. Tribes can only be eligible for
program development funding for 3 years after their first grant. If a tribe is unable to receive
program authorization within that period, it will be considered ineligible for further grant funding
until it receives program authorization. Further distribution of the Tribal set-aside funds will be
dependent upon the number of applicants, the progress that the grantee is making in developing a
program, the status of expenditures of previously awarded funds, population, and the relative
strength of the proposal.

After the closing date for submittal of Tribal applications specified in this guidance, EPA
Headquarters and Regional Offices will consider each of the proposals and make decisions about
the level of funding to be awarded to each of the applicants. Following those decisions, EPA
Headquarters will transfer the funds to the Regional Offices for award to the tribes. Tribal set-
aside funds shown in Table 1 (STAG Distribution) are not included in the formula funds pool for
states as discussed below. Requests for Tribal grant funds under TSCA section 404(g) must be
submitted to HQ by March 31, 2023. If these funds remain unrequested by that date, HQ will
redirect the funds to other lead program priorities.

B, Financial Assistance to States

The process used by EPA for determining award-funding levels for states involves two steps. In
Step 1, EPA Headquarters determines, based on the factors discussed below, the funding level
that will be made available to each of the Regional Offices for grants. Following distribution of
the funds to the Regional Offices, in Step 2, the Regional Offices make decisions on the actual
funding level for each of the grantees.

A two-tiered system to determine the amount of grant funds that will be distributed to the
Regional Offices will be used in FY2023. This system provides a base funding level for each
authorized program while providing funds targeted to states with the largest program workload
and with the greatest potential lead burden.

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The base funding set-aside provides a base level of funds for every state. Each state that has an
authorized lead-based paint abatement program receives a base funding allotment of $50,000.
Each state that has an authorized Renovation, Repair and Painting program receives a base
funding allotment of $75,000. Each state that has an authorized Pre-Renovation Education
program, but not an RRP program, receives a base funding allotment of $50,000. Any state that
submits a qualifying proposal and is making sufficient progress toward implementation of an
acceptable program may receive a $50,000 base. To remain eligible for grant funding, the state
must have a final application package for program authorization to the Agency three years after
the state's enabling legislation is signed into law.

In calculating the lead burden for the formula rankings, EPA uses readily available data derived
from the 2020 Census and the 2001 National Survey of Lead and Allergens in Housing prepared
by the U.S. Department of Housing and Urban Development (HUD). The formula uses four
factors to generate an estimate of the potential lead problem, or "lead burden," in each state. Two
of these factors, the number of housing units built before 1980 and the number of children under
age five, express the potential magnitude of the lead problem. The remaining two factors, the
percentage of children under five in poverty and the number of low-income housing units with
lead-based paint, express the potential severity of the problem.

In calculating the estimated workload of each grantee, the Agency collects data from each
grantees' lead-based paint abatement program. This data includes the number of active
certifications (individual and firm), and active accreditations issued by the grantee.

In determining formula rankings, each state is scored independently for each factor. The four
lead burden factors and the two workload-estimated factors for each state are then summed to
obtain two score totals — lead burden and workload. These are then weighted — 30% for lead
burden and 70% for workload — and summed for that applicant to produce a combined factor
score. The combined factor scores of all applicants for formula funds are summed, and the
percentage of the total sum represented by that score is then identified. The grantees formula
allotment is determined by multiplying the total formula funding by the percentage score. Table
5 (STAG Distribution Formula) shows the specific STAG funding distributions for each state. In
addition to the funds described above, the Agency is expecting to make available grants to any
state or tribe that receives authorization for an RRP program by March 31, 2023. The Agency
plans to set aside $200,000 for FY2023 for that purpose, as shown in Table 1 (STAG
Distribution). The final award amount will be dependent on the number of new authorized
programs, the financial needs of the applicant and the availability of funds. Requests for funds
made after the March 31st cutoff will be considered on a case-by-case basis, but generally HQ
will redirect any funds not requested by that date to other lead program priorities.

IX. Agency Direct Implementation

In FY2023, the program plans to use approximately $4,025,000 for direct implementation of the
abatement and RRP programs in all non-authorized states, tribes and territories. Table 3
(Regional Direct Implementation) shows $1,725,000 will be distributed to the regions based on a
formula with sixty percent of the funds being distributed evenly across all regions as base
funding. In FY2023, the formula uses the percentage of certified renovation firms, the number of
training providers that are eligible for reaccreditation in FY2023 and the lead burden number for
each region. The regions will primarily use these funds to hire support staff to assist in the

FY23 TSCA 404(g) LBP Grant Program Guidance

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accreditation of RRP and abatement training providers and in regions 2 and 9 for the certification
of abatement professionals. Regions 2 and 9 process certifications of abatement professionals for
all regions and will receive additional funding to support these activities. Table 2 (Regional
Distribution) shows the combined state, territory, and regional direct implementation funding
that goes to each regional office for distribution. Table 1 (STAG Distribution) shows that in
FY2023, $2,300,000 will be used to support headquarters direct implementation of the
certification of RRP and abatement professionals as well as the accreditation of training
providers, this equals the funding allocated for this purpose in the previous fiscal year. The bulk
of these funds will provide contract support for the entire lead program. These funds will cover:

Working Capital Fund costs for the regions, headquarters, and contractors;

Maintenance and enhancement of the Agency's Central Data Exchange (CDX). CDX is
the electronic reporting site that processes abatement and RRP firm, individual and
training provider applications, fees, and notifications.

The National Lead Information Center only for the purpose of answering questions
regarding lead-based activities and RRP certification and accreditation;

FLPP database operations, maintenance and redesign;

Processing and data entry for all RRP and abatement applications;

Processing and data entry of all training provider accreditation applications; and

Processing and data entry of all pre and post training notifications for both abatement and
RRP training.

Section 404(g) of TSCA does not authorize direct implementation funds be used for the
following activities.

Activities or programs providing general lead awareness outreach and education to the
public, including

o The development of materials,

o The printing and distribution of materials,

o Purchasing radio, television or other mass media advertising.

GIS mapping and other technology to identify neighborhoods with high incidences of
children with elevated blood lead levels.

The performance of risk assessments, inspections or lead-based paint abatements.

The training of renovators, risk assessors, inspectors, abatement supervisors, abatement
workers or dust testing technicians.

Funding staff to perform functions other than those listed above as allowable activities.

FY23 TSCA 404(g) LBP Grant Program Guidance

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X. Submission Requirements

40 CFR part 35, subpart A and subpart B describes in detail the submission requirements for
grant applications. For section 404(g) Funding for Tribes, EPA is soliciting pre-application grant
proposals prior to the submittal of the forms and certifications listed in this unit. This pre-
application procedure entails the applicants initially submitting only a work plan and a budget.
The Agency will use the applicants' work plans and budgets to select programs to be funded
under this grant program.

EPA will conduct a review of all submitted applications and required documents, including but
not limited to the "Application for Federal Assistance" form (Standard Form 424), and the
"Budget Information: Non-Construction Programs" form (Standard Form 424A). The required
forms can be found at https://www.epa.gov/grants/epa-grantee-forms. All applications must be
submitted by an official representative of your institution who is registered with grants.gov and
is authorized to sign applications for federal assistance.

• The grantee should go to Grants.Gov and click on "APPLICANTS" on the top of the
page and then click on "Apply for Grants" from the dropdown menu and then, click on
'APPLY" and follow the instructions accordingly.

• Please note to apply through Grants.gov you must use Adobe Reader software and
download the compatible Adobe Reader version. For more information about Adobe
Reader, to verify compatibly, or to download the free software please visit Adobe Reader
Compatibility Information on Grants.gov.

• The grantee may also access the application package for this announcement by searching
for the opportunity on Grants.gov. Go to grants.gov and then click on "Search for Grants"
at the top of the page, under Basic Search Criteria in the CFDA box, enter the CFDA
number and click on the search button.

• The Assistance Listings number is 66.707 "TSCA Title IV State Lead Grants
Certification of Lead-Based Paint Professionals Grant. The grantee should select the
"PACKAGE TAB" and click on "select package" for 66.707.

In addition, as part of the pre-application, tribes must include all appropriate information to
demonstrate that they meet the criteria at 40 CFR 35.693 for treatment as a state. In order for
Intertribal Consortia to be eligible for financial assistance under section 404(g), they must
include all appropriate information to demonstrate that they meet the requirements at 40 CFR
35.504 concerning eligibility.

Where a single state agency has been designated as responsible for coordinating lead activities,
EPA encourages that agency to apply for funding under TSCA section 404(g). Coordination of
federally funded lead activities by a single agency is viewed as conducive to achieving
integration of lead activities. Early consultations are recommended between prospective
applicants and their Regional Offices. Because TSCA grants will be administered at the regional
level, these consultations can be critical to the success of a project or program and can also
contribute substantially to efficient program operations. As part of the work plan, Regional
Offices may ask for additional information that will be useful in evaluating the program such as

FY23 TSCA 404(g) LBP Grant Program Guidance

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the status of enabling legislation, a detailed line-item budget with sufficient information to
clearly justify costs, a list of work products or deliverables, a schedule for their completion and
application for program authorization under TSCA, and a description of any financial assistance
received from other federal sources concerning the lead program. Applicants must also include
all appropriate information on program income in accordance with 2 CFR 1500.7 and 2 CFR
200.307.

XL Workplans

EPA's Grants Policy Issuance 11-03 requires negotiated work plans to include three "Essential
Elements" that link the work plan commitments to EPA's Strategic Plan. A current version of
EPA's Strategic Plan can be found on EPA's website at:

https://www.epa.gov/planandbudget/strategicplan. These Essential Elements are:

1. Strategic Plan Goal

2. Strategic Plan Objective

3. Work Plan Commitments and Time Frame

Below is an example of how the three Essential Elements of the FY 2022-2026 Strategic Plan
relate to TSCA Lead Program. As draft Strategic Plan becomes effective, the Goals, Objectives,
Commitments, and TSCA's linkage to them may change:

1. Strategic Plan Goal: all TSCA Lead Grant work plans are linked to an Agency goal in
the Agency's draft FY 2022-2026 Strategic Plan. OCSPP program work is linked to Goal
7: Ensure Safety of Chemicals for People and the Environment.

2. Strategic Plan Objective: OCSPP lead program work is linked to Objective 7.1: Ensure
Chemicals and Pesticide Safety.

3. Work Plan Commitments and Timeframe: all assistance agreements must include the
commitments for each work plan component and a timeframe for their accomplishment
within the project period.

This policy supplements or reinforces, but in no way supersedes, existing requirements in 2 CFR
Part 200, 2 CFR Part 1500, and 40 CFR Part 35 Subparts A and B.

In addition, the work plan's negotiated milestones should include an agreed upon spending
strategy consistent with the project period. In performing baseline and advanced monitoring,
Reginal Offices should verify the outlay strategy is being followed for each budget year to
comply with EPA's Grants Policy Issuance GPI 12-6: Timely Obligation, Award and
Expenditure of EPA Grant Funds.

As indicated above, the assistance agreement work plan must include a project period and
evaluation plan that is mutually acceptable to Regional Offices and applicants. At a minimum,
the plan should include a schedule for conducting timely end-of-year evaluations.

FY23 TSCA 404(g) LBP Grant Program Guidance

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The applicant and the Regional Offices should work together to ensure activities in the work plan
support national, state, tribal, and local priorities, as appropriate, and are consistent with
applicable federal statutes, regulations, circulars, and Executive Orders, as well as EPA
delegations, approvals, or authorizations. The Agency recognizes that activities may change as
national and local conditions and priorities are updated. Therefore, an updated work plan must be
submitted annually for review and approval.

Any application from a state or tribe that is not making sufficient progress toward
implementation of an acceptable program will not be funded.

^ Merit Review

On December 20, 2020, OMB revised the merit review guidance. Each program created a
checklist that contains the information required to meet the merit review requirements in 2
C.F.R. § 200.205. Regional Offices must complete all questions in the checklist. (Checklist for
States, Attachment A; Checklist for Tribes, Attachment B). In addition to the Yes/No responses,
all questions must include a narrative response/justification. In addition, Regional Office project
officers who complete the merit review must sign and date the bottom of the form.

Merit Review Documentation: The completed, signed merit review form should be attached to
Section M of the Funding recommendation and included in the grant file for applications for new
awards and for supplemental actions requiring merit review.

XIII. Reporting

Pursuant to 2 CFR 200.307, grantees shall submit quarterly performance reports to the
appropriate EPA Regional Office. The Office of Management and Budget (OMB) under OMB
Control Number 2030-0020 (General Administrative Requirement for Assistance Programs)
approved these requirements. The recipient must provide as part of its quarterly performance
report, a description of how program income is being used. In addition, the specific information
contained within the report should include:

a comparison of actual accomplishments to the objectives established for the period;

the number of lead-based paint activities individual and firm certifications issued in
the reporting period;

the number of valid certified lead-based paint activities individuals and firms, by
discipline;

the number of RRP individual and firm certifications issued in the reporting period;

the number of valid certified RRP individuals and firms, by discipline;

the number of lead-based paint activities training course accreditations issued in the
reporting period.

FY23 TSCA 404(g) LBP Grant Program Guidance

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the number of valid accredited lead-based paint activities training courses by
discipline;

the number of valid accredited RRP training courses, by discipline.

The number of RRP training course issued in the reporting period.

XIV. Cost Principles for State, Local, and Indian Tribal Governments

Grantees should note that 2 CFR 225 - Cost Principles for State, Local, and Indian Tribal
Governments (OMB Circular A-87) is applicable to these grants, and they should pay particular
attention to Appendix B, Section 8.h.- Selected Items of Cost9 regarding compensation for
personal services.

XV. Support of salaries and wages.

These standards regarding time distribution are in addition to the standards for payroll
documentation.

(1) Charges to Federal awards for salaries and wages, whether treated as direct or indirect costs,
will be based on payrolls documented in accordance with generally accepted practice of the
governmental unit and approved by a responsible official(s) of the governmental unit.

(2) No further documentation is required for the salaries and wages of employees who work in a
single indirect cost activity.

(3) Where employees are expected to work solely on a single Federal award or cost objective,
charges for their salaries and wages will be supported by periodic certifications that the employees
worked solely on that program for the period covered by the certification. These certifications will
be prepared at least semiannually and will be signed by the employee or supervisory official having
first-hand knowledge of the work performed by the employee.

(4) Where employees work on multiple activities or cost objectives, a distribution of their salaries
or wages will be supported by personnel activity reports or equivalent documentation which meets
the standards in subsection 8.h.(5) of this appendix unless a statistical sampling system (see
subsection 8.h.(6) of this appendix) or other substitute system has been approved by the cognizant
Federal agency. Such documentary support will be required where employees work on:

(a) More than one Federal award,

(b) A Federal award and a non-Federal award,

(d) Two or more indirect activities which are allocated using different allocation bases, or

(e) An unallowable activity and a direct or indirect cost activity.

9 https://www.gpo.gov/fdsys/pkg/CFR-2012-title2-voll/pdf/CFR-2012-title2-voll-part225-appB.pdf

FY23 TSCA 404(g) LBP Grant Program Guidance

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(5) Personnel activity reports or equivalent documentation must meet the following standards:

(a)	They must reflect an after the fact distribution of the actual activity of each employee,

(b)	They must account for the total activity for which each employee is compensated,

(c)	They must be prepared at least monthly and must coincide with one or more pay periods,
and

(d)	They must be signed by the employee.

(e)	Budget estimates or other distribution percentages determined before the services are
performed do not qualify as support for charges to Federal awards but may be used for
interim accounting purposes, provided that:

(i)	The governmental unit's system for establishing the estimates produces
reasonable approximations of the activity actually performed;

(ii)	At least quarterly, comparisons of actual costs to budgeted distributions based
on the monthly activity reports are made. Costs charged to Federal awards to reflect
adjustments made as a result of the activity actually performed may be recorded
annually if the quarterly comparisons show the differences between budgeted and
actual costs are less than ten percent; and

(iii)	The budget estimates or other distribution percentages are revised at least
quarterly, if necessary, to reflect changed circumstances.

FY23 TSCA 404(g) LBP Grant Program Guidance

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Attachment A - Merit Review Checklist for States

MERIT REVIEW WORKSHEET FOR OFFICE OF CHEMICAL
SAFETY AND POLLUTION PREVENTION (OCSPP) FOR LEAD-
BASED PAINT (66.707) STATE GRANTS
FOR NEW AWARDS AND SUPPLEMENTAL AMENDMENTS

Instructions:

Effective Date: November 12, 2020 Last Updated: August 29, 202210

Requirement (2 CFR § 200.205): Every application for a new discretionary
noncompetitive assistance agreement, and applications for supplemental funding
amendments as discussed below, awarded in the Office of Chemical Safety and Pollution
Prevention (OCSPP) are subject to a merit review.

Applicability: Project Officers are required to complete merit reviews for the following OCSPP
grant program:

• 66.707 - TSCA Title IV State Lead Grants Certification of Lead-Based Paint
Professionals.

Merit Review Checklist: The merit review checklist contains all the information required
to meet the 2 CFR § 200.205 merit review requirements. Project Officers should complete
all questions in the checklist. In addition to the Yes/No responses, all questions must
include a narrative response/justification.

Merit Review Verification: Project Officers performing the merit review should sign and
date the bottom of the form. Typing in the Project Officer name will be considered
equivalent to signing the form.

Merit Review Documentation: The completed, signed merit review form should be
attached to Section M of the Funding Recommendation and included in the grant file.

Region-Specific Forms: Regions may continue to use or modify region-specific
technical review forms. However, the region-specific forms must include all the Merit
Review Checklist questions and narrative on this form. Regions should provide a copy of
the region-specific forms to their National Program Manager for review.

Review of Assistance Agreement No. Grantee/Grant No.

10 This checklist was developed to comply with the new merit requirements for non-competitive grant applications
under 2 CFR 200/Uniform Grant Guidance. The Office of Chemical Safety and Pollution Prevention periodically
reviews the merit review process. This Merit Review Worksheet is effective as of this date and will be reviewed
every 5 years.

FY23 TSCA 404(g) LBP Grant Program Guidance

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By: [In-House Reviewer/Extramural Reviewer]
Date: Click or tap to enter a date.

Criteria and Guiding Statements

Does the

applicant meet the
requirement?

* Please record comments regarding each guiding question and any recommended terms
and condition, based on your review, at the bottom of each section.

Lead-Based Paint Program Specific Requirements (40 CFR §§35.270-35.278)

A. Is this Lead-Based Paint Program grant award to develop and Yes No

carry out authorized programs that ensure individuals employed in

lead-based paint activities are properly trained; that training programs LI 1—1

are accredited; and that contractors employed in such activities are

certified?

B. Does the recipient plan to use the lead-based paint program
funding in a way that complements any related assistance they
receive from other federal sources for lead-based paint activities?

Yes No
~ ~

Comments Concerns:



Based on your ratings for the guiding statements above:



Based on the above application review and evaluation, the lead-based
paint program specific requirements:

HAS been met ~ HAS NOT been met ~



FY23 TSCA 404(g) LBP Grant Program Guidance

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Merit Review Requirement: Based on the application review and evaluation,
the applicant is likely to be successful in delivering results based on program
objectives in Assistance Listing 66.707.

Based on the application review and evaluation, the Merit Review
requirement:

HAS been met ~ HAS NOT been met ~

Merit Review Analysis:

Provide a brief narrative analysis demonstrating why the applicant is likely or
unlikely to be successful in delivering results based on program objectives in
Assistance Listing 66.707

Award Recommendation:

l~l I recommend the applicant for an award.

I~l I recommend the applicant for award with specific terms & conditions as stated
below

l~l Requires further clarification and/or response to EPA comments to be considered
complete

EH I do not recommend the applicant for an award.

Comments/ Terms & Conditions:

Evaluated by:	 Date:

Position/Title:

Attachment B - NUhh n-u rhecklist for Tribes

FY23 TSCA 404(g) LBP Grant Program Guidance

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MERIT REVIEW WORKSHEET FOR OFFICE OF CHEMICAL
SAFETY AND POLLUTION PREVENTION (OCSPP) FOR LEAD-
BASED PAINT (66.707) TRIBAL GRANTS
FOR NEW AWARDS AND SUPPLEMENTAL AMENDMENTS

Instructions:

Effective Date: November 12, 2020 Last Updated: August 29, 202211

Applicability: Project Officers are required to complete merit reviews for the following OCSPP
grant program:

• 66.707 - TSCA Title IV State Lead Grants Certification of Lead-Based Paint
Professionals

Merit Review Documentation: The completed, signed merit review form should be
attached to Section M of the Funding Recommendation and included in the grant file.

Review of Assistance Agreement No. Grantee/Grant No.:

By: [In-House Reviewer/Extramural Reviewer]

11 This checklist was developed to comply with the new merit requirements for non-competitive grant applications
under 2 CFR 200/Uniform Grant Guidance. The Office of Chemical Safety and Pollution Prevention periodically
reviews the merit review process. This Merit Review Worksheet is effective as of this date and will be reviewed
every 5 years.

FY23 TSCA 404(g) LBP Grant Program Guidance

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Date: Click or tap to enter a date.

Criteria and Guiding Statements

Does the

applicant meet the
requirement?

* Please record comments regarding each guiding question and any recommended terms
and condition, based on your review, at the bottom of each section.

Lead-Based Paint Program Specific Requirements (40 CFR §§35.690-35.693)



A. Is this Lead-Based Paint Program grant award to develop and Yes
carry out authorized programs that ensure individuals employed in
lead-based paint activities are properly trained; that training programs 1—1
are accredited; and that contractors employed in such activities are
certified?

No
~

B. Does the recipient plan to use the lead-based paint program
funding in a way that complements any related assistance they
receive from other federal sources for lead-based paint activities?

Yes
~

No
~

C. Has the Regional Administrator determined if the Tribe or
Intertribal Consortium is eligible to apply for a Lead-based Paint
Program grant? The Tribe or Intertribal Consortium is eligible if the
Tribe or each member of the Intertribal Consortium:

Yes
~

No
~

(a)	Is recognized by the Secretary of the Interior;

(b)	Has an existing government exercising substantial
governmental duties and powers;

(c)	Has adequate authority to carry out the grant activities; and

(d)	Is reasonably expected to be capable, in the Regional
Administrator's judgment, of administering the grant program

Comments/Concerns:



Based on your ratings for the guiding statements above:





Based on the above application review and evaluation, the lead-based
paint program specific requirements:

HAS been met ~ HAS NOT been met ~





FY23 TSCA 404(g) LBP Grant Program Guidance

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Merit Review Requirement: Based on the application review and evaluation,
the applicant is likely to be successful in delivering results based on program
objectives in Assistance Listing 66.707.

Based on the application review and evaluation, the Merit Review
requirement:

HAS been met ~ HAS NOT been met ~

Merit Review Analysis:

Provide a brief narrative analysis demonstrating why the applicant is likely or
unlikely to be successful in delivering results based on program objectives in
Assistance Listing 66.707.

Award Recommendation:

l~l I recommend the applicant for an award.

I~l I recommend the applicant for award with specific terms & conditions as
stated below

l~l Requires further clarification and/or response to EPA comments to be
considered complete

EH I do not recommend the applicant for an award.

Comments/ Terms & Conditions:

Evaluated by:	 Date:

Position/Title:

FY23 TSCA 404(g) LBP Grant Program Guidance

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Table 1 - STAG Distribution

STAG Distribution



FY23

FY22

Target

$16,326,000

$14,775,000

Program





Regional DI

$1,500,000

$1,413,000

Regional Centers of Excellence

$225,000

$225,000



$1,725,000

$1,638,000

HQ DI

$2,300,000

$1,800,000

Agency Direct Implementation

$4,025,000

$3,438,000







Grants for Authorized Tribes

$100,000

$100,000

State Grants - Abate, RRP & 406(b)

$12,001,000

$11,137,000

State Grants - FY23 RRP Apps.

$200,000

$100,000

Sec 404(g) State/Tribal Support

$12,301,000

$11,337,000







Total

$16,326,000

$14,775,000

FY23 TSCA 404(g) LBP Grant Program Guidance

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Table 2 - Regional Distribution

FY23 STAG

7unds - Regional Distribution

Reg.

Formula

DI

Tribes

Total Auth.

1

$1,485,747

$131,197



$1,616,944

2

$617,388

$314,842



$932,230

3

$1,332,904

$174,348



$1,507,252

4

$2,045,111

$188,299



$2,233,411

5

$2,125,382

$205,891



$2,331,273

6

$1,210,263

$138,884



$1,349,148

7

$1,190,992

$118,697



$1,309,689

8

$682,316

$114,210



$796,526

9

$671,911

$223,843



$895,755

10

$638,986

$114,788



$753,774

Totals

$12,001,000

$1,725,000



$13,726,000

FY23 TSCA 404(g) LBP Grant Program Guidance

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v iHr — Regional Direct Implementation

Regional Direct Implementation



1

2 3

4 5 6 7 8

9

10



RRP Trainers - Reaccredit.

RRP courses due for Re Accredit,
in FY23

15

20

37

22

44

4

5

5

19

6

177

Percentage

8.5%

11.3%

20.9%

12.4%

24.9%

2.3%

2.8%

2.8%

10.7%

3.4%



RRP Certified Firms

Includes EPA Cert, firms in
Authorized States

3,408

12,182

7,629

5,504

11,579

3,125

1,721

1,567

7,179

1,324

55,218

Percentage

6.2%

22.1%

13.8%

10.0%

21.0%

5.7%

3.1%

2.8%

13.0%

2.4%



Combined Percentages

7.3%

16.7%

17.4%

11.2%

22.9%

4.0%

3.0%

2.8%

11.9%

2.9%

100%

Percent of Lead Burden

6.4%

8.3%

10.8%

21.6%

15.7%

12.3%

6.6%

5.2%

7.7%

5.4%

100%

Combined Percentages

6.9%

12.5%

14.1%

16.4%

19.3%

8.1%

4.8%

4.0%

9.8%

4.1%

100%

40%

Formula Funding

$41,197

$74,842

$84,348

$98,299

$115,891

$48,884

$28,697

$24,210

$58,843

$24,788

' $600,000

60%

Base Funding

$90,000

$90,000

$90,000

$90,000

$90,000

$90,000

$90,000

$90,000

$90,000

$90,000

$900,000

Total DI Funds

$131,197

$164,842

$174,348

$188,299

$205,891

$138,884

$118,697

$114,210

$148,843

$114,788



Centers of Excellence



$150,000













$75,000



$225,000



SIJI.I'H

S3I4.S42

SI74.34N

SIXN.2W

S2"5.N9|

SI3S.SS4

MIS.697

SI I4.2IH

S223.S43

MI4.7SN

SI.725.	

FY23 TSCA 404(g) LBP Grant Program Guidance

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Table 4 - State Formula Allocation

Region

State

Formula Allocation





1

Connecticut

$256,058



1

$1,485,747

1

Maine

$188,576



2

$617,388

1

Massachusetts

$384,140



3

$1,332,904

1

New











Hampshire

$191,974



4

$2,045,111

1

Rhode Island

$293,206



5

$2,125,382

1

Vermont

$171,794



6

$1,210,263

2

New Jersey

$315,342



7

$1,190,992

2

New York

$0



8

$682,316

2

Puerto Rico

$302,045



9

$671,911

3

Delaware

$221,244



10

$638,986

3

DC

$224,747



3

Maryland

$316,764



3

Pennsylvania

$375,645



3

Virginia

$0



3

West Virginia

$194,503



4

Alabama

$351,684



4

Florida

$0



4

Georgia

$405,785



4

Kentucky

$312,921



4

Mississippi

$303,573



4

North Carolina

$358,015



4

South Carolina

$0



4

Tennessee

$313,134



5

Illinois

$387,094



5

Indiana

$306,358



5

Michigan

$426,835



5

Minnesota

$266,488



5

Ohio

$366,618



5

Wisconsin

$371,990



6

Arkansas

$189,214



6

Louisiana

$339,727



6

New Mexico

$0



6

Oklahoma

$293,357



6

Texas

$387,965



7

Iowa

$351,662



7

Kansas

$298,347



7

Missouri

$340,215



7

Nebraska

$200,768



8

Colorado

$266,784



8

Montana

$0



8

North Dakota

$139,806



8

South Dakota

$0



8

Utah

$275,725



8

Wyoming

$0



9

Arizona

$0



9

California

$405,404



9

Hawaii

$266,508



9

Nevada

$0



10

Alaska

$0



10

Idaho

$0



10

Oregon

$299,091



10

Washington

$339,895







$12,001,000



FY23 TSCA 404(g) LBP Grant Program Guidance

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Region

State

Number of
Pre-1978
Housing
Units (2020
Census)

Number of
children
under 5
years(2020
Census)

Number of
% of children Low-Income
under 5 in Housing Units
poverty (2020 with LBP
Census) (2001NSLAH)

Lead

Decile Rank Burden
Lead Burden Score

#of
Cert.

Acer.
Training
Course

Rank
Workload

Workload
Score

Percent of
Total $

Formula Award

402 Auth

RRP/406b
Auth.

406b
Only

Base Award

Total Award

1

Connecticut

1,065,132

182,708

14%

73,023

32

18

12

17

79

583

22

37

28

65

2.3%

$206,058

Y

N

N

$50,000

$256,058

1

Maine

420,676

63,988

15%

44,311

14

11

14

13

52

245

8

26

18

44

1.6%

$138,576

Y

N

N

$50,000

$188,576

1

Massachusetts

2,046,844

358,030

13%

164,435

42

33

10

33

118

385

54

32

45

77

3.0%

$259,140

Y

Y

N

$125,000

$384,140

1

New Hampshire

344,229

63,677

10%

24,904

13

10

1

6

30

226

20

25

26

51

1.6%

$141,974

Y

N

N

$50,000

$191,974

1

Rhode Island

342,908

54,688

17%

34,066

12

6

21

10

49

144

37

19

38

57

1.9%

$168,206

Y

Y

N

$125,000

$293,206

1

Vermont

197,384

29,038

13%

17,637

5

1

8

3

17

92

0

14

1

15

0.5%

$46,794

Y

Y

N

$125,000

$171,794

2

New Jersey

2,384,282

518,349

14%

174,580

43

41

13

35

132

848

35

41

35

76

3.0%

$265,342

Y

N

N

$50,000

$315,342

2

New York

6,411,208

1,140,669

19%

629,147

50

49

31

49

179

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

2

Puerto Rico

846,535

130,964

63%

314,016

22

17

51

44

134

472

36

34

36

70

2.9%

$252,045

Y

N

N

$50,000

$302,045

3

DC

193,571

54,774

20%

25,029

3

7

33

7

50

874

3

43

15

58

2.0%

$171,244

Y

N

N

$50,000

$221,244

3

Delaware

239,231

44,913

19%

18,100

7

3

30

4

44

108



16

14

30

1.1%

$99,747

Y

y

N

$125,000

$224," r

3

Maryland

1,319,763

363,618

12%

111,181

32

34

5

24

95

2809

36

50

36

86

3.0%

$266,764

Y

N

N

$50,000

$316,764

3

Pennsylvania

3,954,987

702,231

18%

367,748

48

46

26

47

167

991

62

44

48

92

3.7%

$325,645

Y

N

N

$50,000

$375,645

3

Virginia

1,632,492

508,122

14%

181,204

39

40

11

36

126

0

0

1

1

2

0.0%

$0

Yes

N

N

$0

$0

3

West Virginia

525,913

95,692

25%

86,555

18

13

46

20

97

110

8

17

18

35

1.6%

$144,503

Y

N

N

$50,000

$194,503

4

Alabama

1,009,854

293,932

25%

186,526

29

28

45

38

140

155

37

20

38

58

2.6%

$226,684

Y

Y

N

$125,000

$351,684

4

Florida

3,561,714

1,133,390

20%

520,901

47

48

34

48

177

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

4

Georgia

1,502,992

652,085

22%

252,267

36

44

40

41

161

427

42

33

42

75

3.2%

$280,785

Y

Y

N

$125,000

$405,785

4

Kentucky

997,201

273,575

24%

169,114

28

26

44

34

132

369

45

31

44

75

3.0%

$262,921

Y

N

N

$50,000

$312,921

4

Mississippi

595,000

185,274

29%

131,142

19

19

48

27

113

165

15

22

23

45

2.0%

$178,573

Y

Y

N

$125,000

$303,5~<

4

North Carolina

1,756,550

605,299

22%

265,694

41

43

39

43

166

203

30

23

31

54

2.7%

$233,015

Y

Y

N

$125,000

$358,015

4

South Carolina

847,984

291,651

23%

144,783

23

27

41

29

120

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

4

Tennessee

1,320,240

406,986

24%

210,108

33

36

43

40

152

533

33

36

34

70

3.0%

$263,134

Y

N

N

$50,000

$313,134

5

Illinois

3,529,350

755,518

17%

315,543

46

47

24

45

162

1614

65

49

49

98

3.8%

$337,094

Y

N

N

$50,000

$387,094

5

Indiana

1,689,792

418,127

19%

162,133

40

37

32

32

141

640

30

39

31

70

2.9%

$256,358

Y

N

N

$50,000

$306,358

5

Michigan

2,951,001

568,326

22%

262,580

44

42

37

42

165

1600

54

48

45

93

3.7%

$326,835

Y

N

Y

$100,000

$426,835

5

Minnesota

1,338,454

351,104

12%

110,688

34

32

3

23

92

615

22

38

28

66

2.5%

$216,488

Y

N

N

$50,000

$266,488

5

Ohio

3,451,609

692,983

21%

329,971

45

45

36

46

172

1541

38

47

40

87

3.6%

$316,618

Y

N

N

$50,000

$366,618

5

Wisconsin

1,606,172

331,066

16%

131,067

38

31

19

26

114

1323

21

46

27

73

2.8%

$246,990

Y

Y

N

$125,000

$371,990

6

Arkansas

596,641

188,445

25%

113,475

20

20

47

25

112

33

4

13

16

29

1.6%

$139,214

Y

N

N

$50,000

$189,214

6

Louisiana

1,043,877

304,900

29%

198,945

31

29

49

39

148

475

56

35

47

82

3.3%

$289,727

y

N

N

$50,000

$339,727

6

New Mexico

428,750

122,993

29%

75,838

15

15

50

17

97

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

6

Oklahoma

915,412

259,003

23%

138,266

25

25

42

28

120

156

8

21

18

39

1.9%

$168,357

Y

Y

N

$125,000

$293,357

6

Texas

4,229,913

1,997,007

22%

699,940

49

50

38

50

187

852

82

42

50

92

3.9%

$337,965

Y

N

N

$50,000

$387,965

7

Iowa

908,346

195,462

15%

80,995

24

22

16

19

81

751

31

40

33

73

2.6%

$226,662

Y

Y

N

$125,000

$351,662

7

Kansas

757,731

188,853

15%

76,717

21

21

17

18

77

309

16

28

24

52

2.0%

$173,347

Y

Y

N

$125,000

$298,347

7

Missouri

1,553,172

371,046

19%

182,503

37

35

28

37

137

1131

38

45

40

85

3.3%

$290,215

Y

N

N

$50,000

$340,215

7

Nebraska

517,744

130,742

14%

49,097

17

16

12

15

60

140

25

18

29

47

1.7%

$150,768

Y

N

N

$50,000

$200,768

8

Colorado

1,031,042

330,939

12%

104,793

30

30

4

22

86

321

8

29

18

47

1.9%

$166,784

Y

N

Y

$100,000

$266,784

8

Montana

271,857

61,338

17%

36,137

8

9

22

11

50

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

8

North Dakota

194,652

53,408

12%

23,377

4

5

6

5

20

97

6

15

17

32

1.0%

$89,806

Y

N

N

$50,000

$139,806

8

South Dakota

217,259

60,019

18%

26,142

6

8

27

8

49

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

8

Utah

440,046

248,602

11%

46,679

16

24

2

14

56

214

16

24

24

48

1.7%

$150,725

Y

Y

N

$125,000

$275,"2^

8

Wyoming

142,811

35,436

15%

16,318

2

2

15

2

21

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

9

Arizona

967,349

431,224

21%

156,549

27

38

35

31

131

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

9

California

8,364,661

2,409,082

17%

959,875

51

51

23

51

176

6339

102

51

51

102

4.0%

$355,404

Y

N

N

$50,000

$405,404

9

Hawaii

290,407

88,179

13%

28,429

9

12

7

9

37

606

44

37

43

80

2.5%

$216,508

Y

N

N

$50,000

$266,50S

9

Nevada

300,681

184,141

19%

51,651

10

18

29

16

73

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

10

Alaska

123,155

52,302

16%

13,924

1

4

18

1

24

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

10

Idaho

309,691

114,332

17%

40,159

11

14

25

12

62

0

0

1

1

2

0.0%

$0

N

N

N

$0

$0

10

Oregon

928,996

228,314

16%

104,399

26

23

20

21

90

272

9

27

22

49

2.0%

$174,091

Y

Y

N

$125,000

$299,091

10

Washington

1,477,017

454,612

13%

155,037

35

39

9

30

113

344

28

30

30

60

2.4%

$214,895

Y

Y

N

$125,000

$339,895



Totals

74094278

19781156



8837698









5383

29112

1227







100%

$8,776,000







$3,225,000

$12,001,000

%total

2.13°o

1.57%

3.20°o

1.60%

2.44°o

1.43°o

2.63°o

0.00%

2.52'

1.84%

1.87%

2.64%

3.13%

0.00%

1.62%

2.93%

0.00%

3.38%

2.61%

2.53%

2.98%

0.00%

2.61%

3.23%

2.55%

3.56%

3.05%
3.10%

1.58%
2.83%
0.00%

2.44%
3.23%
2.93%

2.49%
2.83%
1.67%

0.00%
1.16%
0.00%
2.30%
0.00%
0.00%
3.38%

0.00%
0.00%
0.00%
2.49%
2.83%

FY23 TSCA 404(g) LBP Grant Program Guidance

28 -

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