Technical Assistance Grant (TAG) Program Fact Sheet
June 1998

Public participation is an essential part of the Commonwealth's Waste Site Cleanup Program. The Department of Environmental Protection (DEP) has established a Technical Assistance Grant Program to assist citizens in understanding and using the information that becomes the basis for cleanup decisions, and to promote citizen involvement in planning response actions. These grants are authorized by Section 14(c) of Massachusetts General Law Chapter 21E (The Massachusetts Superfund Law). Regulations establishing how the grant program will be implemented are in the Massachusetts Contingency Plan (MCP), Subpart N (310 CMR 40.1450).

WHAT CAN TAGs BE USED FOR?

TAGs can be used to:

• provide expert advice and technical assistance to citizens about the assessment and cleanup of a particular site
• promote access to and use of information that has been developed for a disposal site
• provide information to citizens about issues of public concern related to specific disposal sites

HOW MUCH MONEY IS AVAILABLE?

MassDEP anticipates awarding up to $10,000 in each funding round (subject to availability of funds). Only one grant will be provided for any specific disposal site in each funding round. The Department may grant additional funds for TAG applications that cover:

• more than two related disposal sites, or a disposal site that includes more than two properties;
• a single disposal site that has affected more than two municipalities, and or
• a single disposal site that has affected more than two environmental media.

WHAT ARE THE GENERAL RULES FOR SPENDING A TAG?

A TAG must be spent within a specific period of time, which is at most three years. TAGs reimburse Grantees for expenses incurred in obtaining technical assistance after the grant has been awarded.

WHO MAY APPLY?

Groups of individuals who may be affected by oil or hazardous materials from a disposal site(s) can apply for a Technical Assistance Grant. Types of eligible groups are:

• a group of individuals (e.g., a local environmental group or neighborhood association)
• a municipality or a municipal agency (e.g., a Town Board)
• a district or other political body that owns or operates a public water supply system

Ineligible Groups are those that:

• unreasonably restrict the meaningful participation and involvement of individuals who may be affected by oil or hazardous materials from a disposal site
• do not represent individuals affected by the site, or
• are liable, potentially liable, or are performing a response action at a disposal site for which the grant is to be used (see section C, Eligibility Issues)

WHAT SITES ARE ELIGIBLE?

Eligible sites are those that:

• have been classified as Tier I and Tier II under the 1993 MCP,
• had been classified under the 1988 MCP as "Priority" or "Non-Priority with a Waiver",
• the National Priority List (NPL), or
• deemed Adequately Regulated by the Department (see section C, Eligibility Issues)

Ineligible sites are those that are listed as:

• "Locations To Be Investigated", "Unclassified Confirmed Disposal Sites", and "Non-Priority (Without A Waiver)", unless an LSP Evaluation Opinion classifying them as Tier I or Tier II is received by the Department by the Letter of Intent deadline
• Tier IA sites that have a Class A or B Response Action Outcome (RAO) Statement approved by the Department
• Tier IB, Tier IC and Tier II sites for which a Class A or B RAO Statement has been submitted to the Department, and
• sites for which a Waiver Completion Statement has been submitted to the Department

WHAT ACTIVITIES ARE ELIGIBLE FOR FUNDING?

Eligible activities include, but are not limited to, the following:

• interpretation of technical information and analyses that have been prepared (or will be prepared) by the person conducting the response action at a site
• observation of assessment, sampling or response action activities (1)
• analysis of split samples
• surveys to gather existing health information through interviews or questionnaires from individuals who may be affected by the disposal site
• legal advice, restricted to the public's involvement in response actions
• public education activities focusing on the site of concern and the affected community
• a reasonable share of funding for voluntary mediation concerning response actions for the disposal site

Activities that are not eligible for funding are:

• development of new environmental data
• development of new medical data
• organizational development or membership building, except for activities that are incidental to carrying out eligible activities
• litigation or any other adversarial legal proceeding
• partisan political activity or any activity to further the election or defeat of an initiative petition or a candidate for public office
• taking or arranging for any response actions at the disposal site.

The evaluation criteria in Subpart N of the MCP give more weight to projects that will directly improve public participation in planning for response actions at a disposal site, educate the affected public about the site and its cleanup, and address public concerns about the impacts of the site on health, safety, public welfare, and the environment.

WHAT IS THE PROCESS FOR APPLYING FOR A GRANT?

MassDEP wants TAGs to serve as many people who are or may be affected by a disposal site as possible. To encourage participation in the development of TAG proposals, the application process has two parts:

First is a Letter of Intent that identifies the group applying, the disposal site(s), and the project(s) for which the grant would be used and the types of consultants to be employed.

Next MassDEP publishes a list in the Environmental Monitor of all the Letters of Intent received. This notice includes the names of contacts for the groups submitting applications, so that people who may be affected by a disposal site can obtain information about the proposed technical assistance project and get involved if they wish. In addition, anyone interested may submit comments about the Letter of Intent to MassDEP for consideration as the grant applications are reviewed. A deadline for comments to be submitted to the applicant group and to MassDEP is identified in the MEPA Notice.

Second is an Application, which requests more detailed information about:

• the group applying [i.e., how it represents people who may be affected by the disposal site(s)]
• the group's procedures for managing and accounting for grant expenditures
• any new information about the disposal site(s) and its classification that has become available since the Letter of Intent was submitted (e.g. new release discovered, a site has been classified according to the 1993 MCP)
• the detailed description of proposed activities or projects, and
• the qualifications of consultants and other experts who would be employed with grant funds. (2)

HOW WILL MassDEP SELECT PROJECTS FOR FUNDING?

MassDEP awards grants on the basis of a competitive process. MassDEP reviews each Application to determine completeness and the eligibility of the applicant. Applicants will be notified if their applications are incomplete and given a specific time period in which additional information must be submitted. Applications from eligible groups that are judged to be complete will then be evaluated and ranked by a MassDEP Bureau of Waste Site Cleanup review panel based on the criteria established in Subpart N of the MCP.

Once the evaluation is complete, MassDEP will provide all applicants whose applications were evaluated with a Preliminary Application Priority Ranking List and an opportunity to review their evaluations. Applicants who are not selected for funding in this round will have an opportunity to clarify information in their application that would affect their application rating. MassDEP will review the additional information, and may revise the Priority Ranking List as a result. Then MassDEP publishes a Final Grant Funding Priority Ranking List in the Environmental Monitor which identifies projects selected for funding, and mails a copy to the contact person for each applicant group.

Each successful applicant must sign a Grant Agreement with DEP. This Agreement formally offers the grant to the group and establishes specific terms and conditions for conducting the project. By signing the Grant Agreement, the group agrees to conduct the project in accordance with the terms and conditions. At the time the Grant Agreement is signed, the group must exist as a legal entity (see section C, Eligibility Issues) with the ability to receive, disburse, and be responsible for grant funds.

MANAGING A TAG

Documentation and Reports: Grantees must submit invoices to MassDEP requesting reimbursement for their expenses. In addition, each grantee must also provide MassDEP with quarterly reports on activities and expenses. A final report describing funds spent, project results, and services provided must be submitted when the Grant Agreement expires (for multi-year Agreements, these reports must be submitted at the end of each fiscal year). The Department may withhold a portion of the grant funds until required reports have been received from the grantee.

Administrative Costs: Grant funds may be used to hire a consultant(s) and/or employee(s) with appropriate skills to administer the grant. However, to ensure that the limited Grant funds are used primarily for providing expert advice and technical assistance about the assessment and cleanup of a disposal site(s), administrative costs (e.g., purchase of pens and paper, telephone bills, postage etc.) cannot exceed 20 percent of the award.

(1) If grant activities require the presence of a TAG-funded consultant or representative of the Grantee at the site, grantees must first obtain approval from the property owner and the party conducting cleanup actions. Grant activities must comply with any existing health and safety plans for the site. If environmental samples will be analyzed, the same analytic procedures used by the party conducting cleanup actions must be used.

(2) MassDEP encourages the use of Minority Business Enterprises (MBE) for supplies and contracts for services. To assist in this regard, MassDEP will mail Letter of Intent applicants a list of MBE vendors who may provide the types of services proposed by the group in their application.