Notice of Funding Opportunity for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Year 2022, 51641-51648 [2022-18123]
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Federal Register / Vol. 87, No. 162 / Tuesday, August 23, 2022 / Notices
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Done in Washington, DC, this 18th day of
August 2022.
Anthony Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2022–18122 Filed 8–22–22; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Rural Business-Cooperative Service
[Docket #: RBS–22–BUSINESS–0006]
Notice of Funding Opportunity for the
Higher Blends Infrastructure Incentive
Program (HBIIP) for Fiscal Year 2022
Commodity Credit Corporation
and the Rural Business-Cooperative
Service, USDA.
ACTION: Notice.
AGENCY:
The Commodity Credit
Corporation (CCC) and the Rural
Business-Cooperative Service (RBCS or
the Agency), a Rural Development
agency of the United States Department
of Agriculture (USDA), announces the
application window and availability of
approximately $100 million in
competitive grants to eligible entities for
activities designed to expand the sales
and use of renewable fuels under the
Higher Blends Infrastructure Incentive
Program (HBIIP). Cost-share grants of up
to 50 percent of total eligible project
costs but not more than $5 million will
be made available to assist
transportation fueling and fuel
distribution facilities with converting to
higher blend friendly status for ethanol
(i.e., greater than 10 percent ethanol)
and biodiesel (greater than 5 percent
biodiesel) by sharing the costs related to
the installation, and/or retrofitting, and/
or otherwise upgrading of dispenser/
pumps, related equipment, and
infrastructure.
DATES: Applications for HBIIP will be
accepted from August 23, 2022 through
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SUMMARY:
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established for applicants (owners)
owning the fewest number of
transportation fueling stations/locations
(and owning at least one).
Approximately 40 percent of funds will
be made available for activities/
investments related to upgrading or
installing equipment to make a
transportation fueling facility fully
compatible to dispense/sell higher
blends of fuel ethanol and/or biodiesel.
The Agency expects this Targeted
Assistance to be exhausted by
applicants owning 10 fueling stations/
locations or fewer.
Approximately 80 percent of fuel
sales in the U.S. is sold by convenience
store owners. Moreover, about 58
percent of the stores selling fuel in the
U.S. are ‘‘single store owners.’’ A
significant majority of higher blends
fuel is currently sold/dispensed by large
retail convenience store chains located
in the Midwest and along the East Coast
of the U.S., due in part because these are
the types of businesses and locations
with the highest densities of higher
blends fueling infrastructure. The
Overview
Agency established this Targeted
Federal Agency: The Commodity
Assistance Goal as a means to distribute
Credit Corporation (CCC) and the Rural
a portion of program funds among a
Business-Cooperative Service (RBCS).
greater number of business owners and
Funding Opportunity Title: Higher
Blends Infrastructure Incentive Program perhaps indirectly, across a broader
geographic region, that may not
(HBIIP).
otherwise participate. There is an
Announcement Type: Notice of
underlying expectation that owners/
Funding Opportunity.
participants located in underserved
Assistance Listing Number: 10.754.
Funding Opportunity Number: RBCS– areas today will be positioned as higher
blend fuel market leaders tomorrow.
22–01–HBIIP.
Due Date for Applications:
C. Consideration for Geographic
Applications for HBIIP will be accepted Diversity. A consideration for
from August 23, 2022 through
geographical diversity and markets
November 21, 2022. Applications
underserved by higher blends is also
received after 4:30 p.m. eastern time on
afforded to applicants/participants
November 21, 2022 will not be
based on the location of the proposed
considered.
transportation fueling stations/facilities.
Administrative: The following
This consideration is intended to work
considerations apply to this Notice:
in concert with the Targeted Assistance
A. Administration Priorities. The
Goal to distribute program funds more
Agency encourages applicants to
broadly across a greater number of states
consider projects that will advance the
that may not otherwise participate.
following key priorities (more details
D. First Time Applicants. A
available at https://www.rd.usda.gov/
consideration for first time applicants
priority-points):
• Assisting rural communities recover may be given to those without a prior
HBIIP acceptance of a Letter of
economically from the impacts of the
Conditions.
COVID–19 pandemic, particularly
disadvantaged communities.
Items in Supplementary Information
• Ensuring all rural residents have
equitable access to Rural Development
I. Program Overview
II. Federal Award Information
(RD) programs and benefits from RD
III. Eligibility Information
funded projects.
• Reducing climate pollution and
IV. Application and Submission Information
increasing resilience to the impacts of
V. Application Review Information
VI. Federal Award Administration
climate change through economic
Information
support to rural communities.
B. Targeted Assistance Goal. A
VII. Federal Awarding Agency Contacts
targeted assistance goal is also
VIII. Other Information
November 21, 2022. Applications
received after 4:30 p.m. eastern time on
November 21, 2022 will not be
considered.
ADDRESSES: Application Submission:
Instructions and additional resources, to
include an Application Guide, are
available at https://www.rd.usda.gov/
HBIIP, under the ‘‘How To Apply’’ tab.
Electronic submissions: All applicants
must file their application electronically
through the HBIIP Application portal.
Guidance and resources for the
application portal can be found at the
website referenced above.
This funding opportunity will also be
posted to https://www.grants.gov.
FOR ADDITIONAL INFORMATION CONTACT:
Jeff Carpenter, telephone (402) 318–
8195, email: HigherBlendsGrantsaccess@usda.gov. Persons with
disabilities that require alternative
means for communication should
contact the U.S. Department of
Agriculture (USDA) Target Center at
(202) 720–2600 (voice).
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 87, No. 162 / Tuesday, August 23, 2022 / Notices
I. Program Overview
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A. Authority
This notice is issued pursuant to 62
Stat 1070, and the Commodity Credit
Corporation Charter Act of 1948
(Charter Act); 15 U.S.C. 714.
B. Program Description
The purpose of the HBIIP is to
significantly increase the sales and use
of higher blends of ethanol and
biodiesel. HBIIP is intended to
encourage a more comprehensive
approach to marketing higher blends by
sharing the costs related to building
and/or retrofitting biofuel-related
infrastructure.
Under the HBIIP, funds will be
awarded to assist transportation fueling
and fuel distribution facilities in
converting their current facilities
through upgrade or installation of new
equipment required to ensure all
equipment is fully compatible with
higher blends of ethanol (i.e., greater
than 10 percent ethanol) and biodiesel
(greater than 5 percent biodiesel). The
program will share the costs related to
the upgrading of fuel dispensers (gas
and diesel pumps) and attached
equipment, underground storage tank
(UST) system components (which
includes but is not limited to tanks,
pumps, ancillary equipment, lines,
gaskets, and sealants), and other
infrastructure required at a location to
ensure the environmentally safe
availability of fuel containing ethanol
blends greater than 10 percent or fuel
containing biodiesel blends greater than
5 percent.
Storing and dispensing E15, E85, or
other high blends of ethanol for
transportation fueling facilities, such as
automotive, freight, rail, and marine,
with equipment that is not compatible
with higher blends of ethanol fuel can
result in leaks and releases that
contaminate land and groundwater.
Older and even some recent existing
UST systems (which include but are not
limited to tanks, pumps, ancillary
equipment, lines, gaskets, and sealants)
are not fully compatible with E15 or
higher and require modification before
storing these fuels. Biodiesel blends
above B20 have similar requirements;
some infrastructure changes may even
be necessary when storing blends
greater than B5. This program will
expand the number of facilities fully
compatible with higher blends of
ethanol and biodiesel.
Grants for up to 50 percent of total
eligible project costs, but not more than
$5 million, are made available to: (1)
transportation fueling facilities,
including, but not limited to, local
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fueling stations/locations; convenience
stores (CS); hypermarket fueling stations
(HFS); and fleet facilities, including rail
and marine; and (2) fuel distribution
facilities, including fuel terminal
operations; midstream operations; and/
or distribution facilities.
CCC is an agency and instrumentality
of the United States within the
Department of Agriculture and operates
under the supervision of the Secretary
of Agriculture. Among the activities that
Section 5 of the Charter Act authorizes
CCC to undertake are actions to:
• Make available materials and
facilities required in connection with
the production and marketing of
agricultural commodities (other than
tobacco), and
• Increase the domestic consumption
of agricultural commodities (other than
tobacco) by expanding or aiding in the
expansion of domestic markets or by
developing or aiding in the
development of new and additional
markets, marketing facilities, and uses
for such commodities.
Under this authority, CCC is making
available approximately $100 million in
the form of cost-share grants to eligible
entities to assist with the
implementation of activities to expand
the infrastructure for renewable fuels
derived from agricultural products
produced in the United States. HBIIP
will be administered on behalf of CCC
under the general supervision of RBCS.
II. Federal Award Information
Type of Awards: Grants.
Available Funds: Approximately $100
million is made available to eligible
participants. Of the total amount of
available funds, approximately $75
million will be made available to
transportation fueling facilities
(including fueling stations; convenience
stores; hypermarket fueling stations;
fleet facilities, including transportation,
freight, rail and marine; and similar
entities with capital investments) for
eligible implementation activities
related to higher blends of fuel ethanol
greater than 10 percent ethanol, such as
E15 or higher, and/or activities related
to higher blends of biodiesel greater
than 5 percent, such as B10 or higher;
and approximately $25 million will be
made available to transportation fueling
facilities and fuel distribution facilities
(including terminal operations, depots,
and midstream operations), for eligible
implementation activities related to
higher blends of fuel ethanol greater
than 10 percent ethanol, such as E15 or
higher and biodiesel greater than 5
percent biodiesel, such as B10 or higher.
Award Amounts: Awards to
successful applicants will be in the form
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of cost-share grants for up to 50 percent
of total eligible project costs, but not to
exceed $5 million, whichever is less.
There is no minimum amount for these
grants.
Anticipated Award Date: The Agency
anticipates making awards 90 days after
the application deadline.
Performance Period: The grant period
is not to exceed 36-months, unless
otherwise specified in the Grant
Agreement or agreed to by the Agency.
Approximate Number of Awards: The
number of awards will depend on the
number of eligible participants and the
total amount of requested funds. Based
on the Agency’s prior experience with
this program, it expects to make
approximately 200 awards. In the
unlikely event that every successful
applicant is awarded the maximum
amount available of $5 million, 20
awards will be made.
III. Eligibility Information
A. Eligible Applicants
Owners of transportation fueling and
fuel distribution facilities located in the
United States and its territories may
apply for this program. Eligible entities
would include: fueling stations,
convenience stores, hypermarket retailer
fueling stations, fleet facilities
(including automotive, freight, rail and
marine), and similar entities with
equivalent capital investments, as well
as fuel/biodiesel terminal operations,
midstream operations, and heating oil
distribution facilities or equivalent
entities.
Applicants must include all proposed
activity under a single application.
Applicants must own or have the legal
right to control all site locations
included in their application.
Application requirements and other
important information is available on
the HBIIP web page https://
www.rd.usda.gov/hbiip.
B. Eligible Project
The goal of HBIIP is to increase the
market availability of higher blends
biofuels. To be eligible for this program,
a project’s sole purpose must be for the
installation, and/or retrofitting, and/or
otherwise upgrading of fuel dispensers/
pumps, related/attached equipment,
UST system components, and other
infrastructure required at a location to
ensure the environmentally safe
availability of fuel containing ethanol
blends greater than 10 percent or fuel
containing biodiesel blends greater than
5 percent.
An eligible project must conform to
all applicable Federal, State, Tribal and
local regulatory requirements pertaining
to:
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Federal Register / Vol. 87, No. 162 / Tuesday, August 23, 2022 / Notices
1. Technical Standards and Corrective
Action Requirements for Owners and
Operators of Underground Storage
Tanks, 40 CFR parts 280 and 281;
2. Regulation of Fuels and Fuel
Additives, 40 CFR part 80;
3. Occupational Safety and Health
Standards Subpart H—Hazardous
Materials Section 106—Flammable
Liquids, 29 CFR 1910.106;
4. Safety and Health Regulations for
Construction subpart F—Fire Protection
and Prevention section 152—Flammable
Liquids, 29 CFR 1926.152; and
5. Automotive Fuel Ratings,
Certification, and Posting, 16 CFR part
306.
HBIIP funds may be used for
equipment required at a location to
ensure the environmentally safe
availability of fuel containing ethanol
blends greater than 10 percent or fuel
containing biodiesel blends greater than
5 percent.
Since 1988, the Environmental
Protection Agency’s (EPA) UST
regulations require fuel to be stored in
systems that are compatible with the
type of fuel being stored. The
environmentally safe growth in
availability of fuels containing higher
blends of ethanol or biodiesel depends
on these fuels being stored and
dispensed from UST systems that are
compatible with E15. Storing and
dispensing E15 at gas stations with
equipment that is not compatible with
higher blends of ethanol fuel can result
in leaks and releases that contaminate
land and groundwater. Section 280.32 of
40 CFR 280 states that UST owners and
operators must use an UST system made
of or lined with materials that are
compatible with the substance stored in
the UST system.
Additionally, owners or operators
who store regulated substances that
contain more than 20 percent biodiesel
or more than 10 percent ethanol, such
as 15 percent ethanol or E15, must
notify their implementing agency 30
days before storing the fuel. Owners and
operators must also keep records
demonstrating that their UST system is
compatible with the substance stored.
Demonstrating compatibility of an
UST system means identifying what
equipment is installed as part of your
UST system. You must show that a
component is approved by either the
manufacturer of the component or by a
nationally recognized independent
testing laboratory, such as Underwriters
Laboratory, for use with the fuel to be
stored. See details about these
requirements in regulations issued by
EPA at 40 CFR 280.32.
Please note that compatibility extends
beyond the fuel tank. Owners and
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operators must demonstrate
compatibility for the components below
to store substances containing more
than 10 percent ethanol or more than 20
percent biodiesel.
1. Tank;
2. Piping carrying product from the
tank;
3. Piping containment sumps entered
by the piping;
4. Pumping equipment, including the
submersible pump or suction pump,
depending on the type of system;
5. Release detection equipment,
including automatic tank gauging
probes, sump sensors, and line leak
detectors;
6. Spill equipment, such as spill
buckets, for the tank; and
7. Overfill equipment, including ball
float valves or flapper valves.
The federal UST regulation from EPA
does not require owners and operators
to demonstrate the compatibility of
dispensers or associated aboveground
equipment. However, compatibility
requirements for these components may
exist in other local regulations, such as,
but not limited to, the fire code. Owners
and operators should check for these
requirements with their implementing
agency. HBIIP grant funds may be used
to upgrade or replace fuel dispensers/
pumps, UST system components, or
other required infrastructure, necessary
to make their facility fully compatible
with higher blends of ethanol or
biodiesel. Fuel dispensers/pumps, UST
system components, and other required
infrastructure and components must
meet the minimum requirements of
EPA’s UST regulations and other
Federal, State, and local regulations or
codes; and, must be approved by either
the manufacturer of the component or
by a nationally recognized independent
testing laboratory, such as Underwriters
Laboratory, for use at a minimum for
blends containing 25 percent ethanol or
100 percent biodiesel.
C. Cost Sharing or Matching
There is a matching fund (costsharing) requirement of at least $1 for
every $1 in grant funds provided by
CCC. Matching funds plus grant funds
must equal total eligible project cost.
Matching funds may be in the form of
cash or eligible in-kind contributions.
Matching funds/contributions and grant
funds may only be used for eligible
project purposes, including any
contributions exceeding the minimum
amount required. Applicants will certify
and demonstrate that any required
matching funds are available during the
grant period and provide appropriate
documentation with the application, as
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referenced in section IV.B. of this
Notice.
Funds made available under HBIIP
may only be used for eligible
equipment, infrastructure, and related
expenses to support the sales and use of
higher biofuel blends, fuel containing
ethanol greater than 10 percent by
volume and/or fuel containing biodiesel
blends greater than 5 percent by
volume.
Applicants may enter into
arrangements with private entities such
as, but not limited to, commercial
vendors of fuels, agricultural
commodity promotional organizations,
Tribes, and other entities interested in
the renewable fuels in order to secure
such non-Federal funds or in-kind
contributions.
There are several existing or prior and
ongoing State-led programs and private
sector efforts to help provide funding for
higher blend dispensers, related
equipment, and infrastructure. These
programs may be included as part of any
matching contribution requirement.
However, the application must show
how the HBIIP grant will add to the
infrastructure that fosters higher blend
biofuel sales and use. HBIIP funds are
intended to provide additional
incentives.
D. Eligible Funds
1. Matching Funds. The applicant is
responsible for securing the remainder
of the total eligible project costs not
covered by grant funds. Matching funds
can be comprised of eligible in-kind
contributions from third parties and/or
cash, however, in-kind contributions
provided by the applicant cannot be
used to meet the matching fund
requirement. Written commitments for
matching funds (e.g., Letters of
Commitment on lender letterhead,
electronic communication from a
lender, or bank statements) must be
submitted with the Certification of
Matching Funds when the application is
submitted. The Certification of
Matching Funds must be signed by the
applicant. Funds provided by the
applicant in excess of matching funds
are not matching funds. Unless
authorized by statute, other Federal
grant funds cannot be used to meet a
matching funds requirement.
Up to 10 percent of an applicant’s
Matching Funds requirement (up to 5
percent of total project costs) may be
used to pay consumer education and/or
marketing and/or signage related
expenses. HBIIP grant funds awarded to
transportation fueling stations are
intended to assist with converting those
facilities to ensure full compatibility
with higher blend fuel through upgrade
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or installation of fuel dispensers, related
equipment, and infrastructure. And
while the contributions of consumer
education and/or marketing and/or
signage toward a fuel station’s fuel sales
are well recognized, a very tall sign to
display fuel prices does not in any way
assist a facility with higher blends
compatibility. Therefore, the Agency
determined that while HBIIP grant
funds may not be used for consumer
education and/or marketing and/or
signage, matching funds may.
2. Eligible Project Costs. Eligible
Project Costs are only those costs
incurred after the date that a complete
application is submitted and that are
directly related to the use and purposes
of the HBIIP. The applicant is cautioned
against taking any actions or incurring
any obligations prior to the Agency
completing the environmental review
that would either limit the range of
alternatives to be considered or that
would have an adverse effect on the
environment, such as the initiation of
construction. If the applicant takes any
such actions or incurs any such
obligations, it could result in project
ineligibility. Eligible project costs may
include:
(a) Retrofitting of existing, or purchase
and installation of new, fuel dispensers
(gas and/or diesel pumps) and attached
equipment, UST system components,
and other infrastructure required at a
location to ensure the environmentally
safe availability of fuel containing
ethanol blends greater than 10 percent
or fuel containing biodiesel blends
greater than 5 percent;
(b) Construction, retrofitting,
replacement, and improvements;
(c) Fees for construction permits and
licenses;
(d) Professional service fees for
qualified consultants, contractors,
installers, and other third-party services;
and
(e) HBIIP grant funds may not be used
to pay for expenses related to consumer
education and/or marketing and/or
signage. However, up to 10 percent of an
applicant’s matching funds requirement
(up to 5 percent of total project costs)
may be used to pay for consumer
education and/or marketing and/or
signage related expenses.
E. Ineligible Project Costs
Ineligible project costs for HBIIP
projects include, but are not limited to:
1. Renewable diesel projects.
2. Used equipment and vehicles.
3. Construction or equipment costs
that would be incurred regardless of the
installation of higher blend fuel
infrastructure shall not be included as
eligible project costs. For example, a
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fuel storage tank for a fueling facility
constructed during the grant period that
would have been otherwise installed
should not be included in an
application. USDA believes all new
tanks and piping available in the market
only come in models compatible with
higher blends of ethanol and biodiesel,
so grant funds would not expand the
market for higher blends by funding
such tank or equipment installation.
However, other required equipment
such as fuel dispensers/pumps and
other UST system components that are
still available in traditional and higher
blend compatible models, the latter at a
higher cost, may be considered in this
funding program.
4. Business operations that derive
more than 10 percent of annual gross
revenue (including any lease income
from space or machines) from gambling
activity, excluding State or Tribal
authorized lottery proceeds, as
approved by the Agency, conducted for
the purpose of raising funds for the
approved project.
5. Business operations deriving
income from activities of a sexual nature
or illegal activities.
6. Purchase of real property or land.
7. Lease payments.
8. Any project that creates a Conflict
of Interest or an appearance of a Conflict
of Interest. For purposes of this program
conflict of interest includes, but is not
limited to:
(a) Distribution or payment of grant,
guaranteed loan funds, and matching
funds or award of project construction
contracts to an individual owner,
partner, or stockholder, or to a
beneficiary or immediate family of the
applicant when the recipient will retain
any portion of ownership in the
applicant’s or borrower’s project. Grant
and matching funds may not be used to
support costs for services or goods going
to, or coming from, a person or entity
with a real or apparent conflict of
interest.
(b) Assistance to employees, relatives,
and associates. The Agency will process
any requests for assistance under this
subpart in accordance with 7 CFR part
1900, subpart D.
(c) Member/delegate clause. No
member of or delegate to Congress shall
receive any share or part of this grant or
any benefit that may arise there from;
but this provision shall not be construed
to bar, as a contractor under the grant,
a publicly held corporation whose
ownership might include a member of
Congress.
9. Funding of political or lobbying
activities.
10. To pay off any Federal direct or
guaranteed loan or any other form of
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Federal debt. Any incurred expense,
equipment purchase, or paid service
prior to the date a complete application
is submitted.
11. Any expense associated with
applying for this program, including
environmental reviews and
requirements related to it.
12. Any expense associated with
reporting results and/or outcomes
during the disbursement, performance,
and servicing portions of this program.
The U.S. Department of Agriculture
Departmental Regulations and Laws that
contain other compliance requirements
are referenced in paragraphs VI. and
VIII. of this Notice. Applicants who are
found to be/have been in violation of
applicable Federal Law/statutes will be
deemed ineligible.
IV. Application and Submission
Information
Applicants seeking to participate in
this program must submit applications
in accordance with this Notice.
A. Electronic Application and
Submission
Applications must be submitted
electronically using the HBIIP secureserver portal. Instructions and resources
for completing the online application
are available on the HBIIP web page
under the ‘‘How To Apply’’ tab, https://
www.rd.usda.gov/hbiip.
B. Content and Form of Application
Submission
Applicants must submit complete
applications by the date identified in
the DATES section of this Notice.
Applications must contain all parts
necessary for the RBCS to determine
applicant and project eligibility,
conduct the technical evaluation,
calculate a priority score, rank, and
compete the application, as applicable,
in order to be considered. All
applications determined to be
insufficient for these purposes shall be
deemed incomplete and will neither be
competed nor receive funding.
1. For Higher Blend Implementation
Activities related to transportation
fueling stations/facilities, the HBIIP
Online Application is comprised of the
following elements:
(a) SF 424, Application for Federal
Assistance;
(b) HBIIP Project Worksheet with
Priority Scoring Criteria: Transportation
Fueling Stations/Facilities;
(c) SF 424C, Budget Information—
Construction Programs;
(d) HBIIP Project Technical Report;
(e) Signed Certification of Matching
Funds;
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(f) Confirmation of Environmental
Information to Agency or Environmental
Information; and
(g) SF 424D, Assurances—
Construction Programs signed by
applicant entity.
2. For Higher Blend Implementation
Activities related to fuel distribution
facilities, an HBIIP Online Application
is comprised of the following elements:
(a) SF 424, Application for Federal
Assistance;
(b) HBIIP Project Worksheet with
Priority Scoring Criteria: Fuel
Distribution Facilities;
(c) SF 424C, Budget Information—
Construction Programs;
(d) HBIIP Project Technical Report;
(e) Signed Certification of Matching
Funds;
(f) Confirmation of Environmental
Information to Agency or Environmental
Information; and
(g) SF 424D Assurances—
Construction Programs signed by the
applicant entity.
3. Instructions and resources for
completing the online application are
available on the HBIIP web page under
the ‘‘How To Apply’’ tab, https://
www.rd.usda.gov/hbiip. Applicants and
their authorized/rightful users will be
required to obtain an E-Auth
Identification and obtain access to the
secure portal. The application process
requires the ability to both view and
generate PDFs (Portable Document
Files). The use of a Web browser such
as Chrome or its equivalent is highly
encouraged.
C. Unique Entity Identifier and System
for Award Management
1. Each applicant applying for loan or
grant funds must (A) be registered in the
System for Award Management (SAM)
before submitting its application and (B)
provide a valid Unique Entity Identifier
(UEI) in its application, unless
determined exempt under 2 CFR 25.110.
2. Applicant must maintain an active
SAM registration, with current, accurate
and complete information, at all times
during which it has an active Federal
award or an application under
consideration by a Federal awarding
agency.
3. Applicant must ensure they
complete the Financial Assistance
General Certifications and
Representations in SAM.
4. The Agency will not make an
award until the applicant has complied
with all applicable UEI and SAM
requirements. If an applicant has not
fully complied with the requirements by
the time the Agency is ready to make an
award, the Agency may determine that
the applicant is not qualified to receive
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a Federal award and use that
determination as a basis for making a
Federal award to another applicant.
D. Submission Dates and Times
The deadline date for applications to
be received to be considered for funding
is specified in the DATES section at the
beginning of this notice.
After electronically submitting an
application through the HBIIP website,
the applicant will receive an automated
acknowledgement, specifying
submission date and time, from the
HBIIP online application system. In
order to be considered for funds under
this Notice, applications must be
deemed complete and must be received
by the secure portal located on the
HBIIP web page at https://
www.rd.usda.gov/hbiip by the deadline.
E. Intergovernmental Review
Executive Order (E.O.) 12372,
Intergovernmental Review of Federal
Programs, applies to this program. This
E.O. requires that Federal agencies
provide opportunities for consultation
on proposed assistance with State and
local governments. Many states have
established a Single Point of Contact
(SPOC) to facilitate this consultation.
Instructions for completing this required
element and a list of States that
maintain a SPOC are available in the
HBIIP online application.
F. Funding Restrictions
The following funding restrictions
apply to applications submitted under
this Notice.
1. Only one HBIIP application may be
submitted per HBIIP applicant. An
application may request HBIIP
assistance for more than one location
that is owned and/or legally controlled
by the applicant entity. An HBIIP
applicant/application may receive one
and only one award in this competition.
2. If it is determined that an applicant
is affiliated with another entity that has
also applied, then the maximum grant
award applies to all affiliated entities as
if they applied as one applicant. An
affiliate is an entity controlling or
having the power to control another
entity, or a third party or parties that
control or have the power to control
both entities.
3. Previous acceptance of an HBIIP
Letter of Conditions cannot be
withdrawn and resubmitted under this
Notice, unless there is a change in scope
of work approved by RBCS (HBIIP) staff.
4. Underground Storage Tanks and
Systems.
(a) New construction. Fueling
Stations/Locations/facilities constructed
during the grant period are restricted
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51645
from receiving HBIIP grant funds for
USTs. RBCS has determined that tanks
would be required of any new fueling
stations/locations/facility regardless of
any commitment to market higher
blends. However, other required
equipment such as fuel dispensers/
pumps and other UST system
components that are still available in
traditional and higher blend compatible
models, the latter at a higher cost, may
be considered in this funding program.
(b) Existing fueling stations that
require upgraded, and/or retrofitted
and/or additional USTs may request
assistance of up to 50 percent of total
eligible project costs or up to
$2,500,000, whichever is the lesser.
Eligible equipment includes, but is not
limited to: the tank, piping, piping
containment sumps, underground
pumping equipment, including the
submersible pump or suction pump,
release detection equipment, spill
equipment (spill buckets), overfill
equipment, fuel dispensers/pumps, or
other equipment related to the storage
system.
5. HBIIP grant funds may not be used
to pay for expenses related to consumer
education, marketing, and/or signage.
However, up to 10 percent of an
applicant’s Matching Funds (up to 5
percent of total project costs) may be
used to pay for education/marketing/
signage related expenses.
6. No HBIIP grant funds may be used
to pay for any incurred expense prior to
the submission of a complete
application.
G. Multiple Facilities
While only one HBIIP application
may be submitted per applicant under
this Notice, an application may request
assistance for multiple facilities/
locations that are owned and/or legally
controlled by the applicant entity.
Section ‘‘E.3. Funding Restrictions,’’
advises on instances where more than
one application is submitted by one or
more affiliates of an entity.
H. Compliance With Other Federal
Statues and Other Submission
Requirements
1. Environmental information. For the
RBCS to consider an application
complete, the application must include
all environmental review documents
with supporting documentation in
accordance with 7 CFR part 1970 and as
referenced in section IV.B of this Notice.
Any required environmental review
must be completed prior to obligation of
funds. Applicants are advised to contact
RBCS to determine environmental
requirements as soon as practicable to
ensure adequate review time.
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Applicants should also submit to
RBCS the compatibility verification of
equipment to be funded. EPA
regulations found in 40 CFR 280.32
require demonstrating compatibility of
systems storing fuel containing greater
than 10 percent ethanol or greater than
20 percent biodiesel, so RBCS collecting
this information in advance is not an
additional burden for applicants. It will
ensure that grant funds are used for
purposes that expand the
environmentally safe availability of fuel
containing higher blends of ethanol and
biodiesel. More information can be
found in this June 2019 compliance
advisory from the EPA Office of
Underground Storage Tanks: https://
www.epa.gov/sites/production/files/
2019-06/documents/complianceadvisory-ust-regs-06-2019.pdf.
2. Original signatures. The RBCS
reserves the right to request/require that
the applicant provide original signatures
on forms submitted electronically.
3. Transparency Act Reporting. All
recipients of Federal financial assistance
are required to report information about
first-tier sub-awards and executive
compensation in accordance with 2 CFR
part 170. If an applicant does not have
an exception under 2 CFR 170.110(b),
the applicant must then ensure that it
has the necessary processes and systems
in place to comply with the reporting
requirements to receive funding.
4. Race, ethnicity, and gender. The
RBCS is requesting that each applicant
provide race, ethnicity, and gender
information about the applicant. The
information will allow the Agency to
evaluate its outreach efforts to underserved and under-represented
populations. Applicants are encouraged
to furnish this information with their
applications but are not required to do
so. An applicant’s eligibility or the
likelihood of receiving an award will
not be impacted by furnishing or not
furnishing this information.
5. Other Federal Statutes. The
applicant must certify to compliance
with other Federal statutes and
regulations by completing the Financial
Assistance General Certifications and
Representations in SAM, including, but
not limited to the following:
(a) 7 CFR part 15, subpart A—
Nondiscrimination in Federally
Assisted Programs of the Department of
Agriculture—Effectuation of title VI of
the Civil Rights Act of 1964. Civil Rights
compliance includes, but is not limited
to the following:
(i) Collect and maintain data provided
by ultimate recipients on race, sex, and
national origin and ensure that ultimate
recipients collect and maintain this
data. Race and ethnicity data will be
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collected in accordance with Office of
Management and Budget (OMB) Federal
Register Notice, ‘‘Revisions to the
Standards for the Classification of
Federal Data on Race and Ethnicity’’
(published October 30, 1997 at 62 FR
58782). Sex data will be collected in
accordance with title IX of the
Education Amendments of 1972. These
items should not be submitted with the
application but should be available
upon request by RBCS.
(ii) The applicant and the ultimate
recipient must comply with Title VI of
the Civil Rights Act of 1964, title IX of
the Education Amendments of 1972, the
Americans with Disabilities Act (ADA),
section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of
1975, Executive Order 12250, and 7 CFR
part 1901, subpart E.
(b) 2 CFR part 417—Governmentwide
Debarment and Suspension (Nonprocurement), or any successor
regulations.
(c) 2 CFR parts 200 and 400 (Uniform
Assistance Requirements, Cost
Principles and Audit Requirements for
Federal Awards), or any successor
regulations.
(d) Subpart B of 2 CFR part 421,
which adopts the Governmentwide
implementation (2 CFR part 182) of the
Drug-Free Workplace Act.
(e) Executive Order 13166,
‘‘Improving Access to Services for
Persons with Limited English
Proficiency.’’ For information on limited
English proficiency and agency-specific
guidance go to https://www.lep.gov/.
(f) Federal Obligation Certification on
Delinquent Debt.
V. Application Review Information
A. Criteria
A priority score will be added to
complete applications deemed eligible
to compete. Given the purpose of the
HBIIP, higher priority will be given to
projects deemed to significantly
increase the sales and use of higher
blends of ethanol and biodiesel on a
gallons per dollar of requested funds
basis. Priority scoring and ranking of
applications will be a function of the
following criteria:
1. For Higher Blend Implementation
Activities related to transportation
fueling facilities.
(a) Annual sales volume for the past
3 years (2019–21) or projected sales for
fueling stations constructed during the
grant period, for all fuels including E10
and/or B5;
(b) The incremental increase in higher
blend fuel volume attributed to:
(i) The proposed change in percentage
of refueling positions offering E15 and/
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or B20 or higher blends (the greater
percentage of higher blend fuel refueling
positions, the greater the higher blend
fuel volume attribution);
(ii) The proposed new ratio number of
fueling positions offering E15 and/or
B20 relative to the number of fueling
positions offering E10 and/or B5 (the
greater the ratio of higher blend fuel
refueling positions relative to E10 and/
or B5, the greater the higher blend fuel
volume attribution);
(iii) The proposed ratio number of
fueling positions offering E85 relative to
the number of fueling positions offering
E10 (the greater the ratio of E85
refueling positions relative to E10, the
greater the higher blend fuel volume
attribution);
(iv) The proposed change in the
number of fueling stations with at least
one E15 fueling position (the greater the
number of fueling stations, the greater
the higher blend fuel volume
attribution);
(v) Whether the applicant is an owner
of 10 fueling stations or fewer (if yes, a
Targeted Assistance Goal, higher blend
fuel volume attribution);
(vi) The proposed number of fueling
stations located along an interstate
highway corridor;
(vii) The proposed number of fueling
stations located as the sole station
(within a 1-mile radius) in an area;
(viii) The proposed number of fueling
stations located in areas under
consideration for Geographic Diversity:
1. The New England States of Maine,
Vermont, New Hampshire,
Massachusetts, Connecticut, Rhode
Island; and/or
2. The Western States of Alaska,
Arkansas, Arizona, California, Colorado,
Hawaii, Idaho, Iowa, Kansas, Louisiana,
Minnesota, Missouri, Montana,
Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South
Dakota, Texas, Utah, Washington,
Wyoming; and/or
3. The U.S. Territories of American
Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the U.S. Virgin
Islands
(c) A ‘‘Matching Funds’’ investment/
commitment to higher blends signage
and/or marketing is proposed (non-zero
investment yields greater higher blend
fuel volume attribution);
(d) The total amount of requested
funds.
The HBIIP online application,
‘‘Project Worksheet with Priority
Scoring Criteria for Transportation
Fueling Stations/Facilities,’’ is
interactive and designed to indicate an
applicant’s priority score based on—
HBIIP activities (e.g., fuel dispensers,
related equipment, and infrastructure
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installations), Administrator’s
geographic diversity priorities, targeted
assistance goals (if applicable), and the
amount of requested funds. Applicants
may directly influence their priority
score by the activities they select in the
worksheet and by the amount of grant
funds they request.
Transportation fueling stations/
facilities applications should take
special care to provide evidentiary
documentation in support of their
proposed activities in the HBIIP Project
Technical Report. In the event of
suspect, overstated, or otherwise
unsubstantiated claims, the Agency
reserves the right to adjust an
application’s priority score accordingly.
2. For Higher Blend Implementation
Activities related to fuel distribution
facilities.
(a) Annual throughput volume for
past 3 years (2019–2021), for all fuels;
(b) The incremental increase in
throughput of higher blend fuel, as
substantiated by:
(i) Validated demand—demand
projections/forecasts;
(ii) Market drivers—the underlying
economic and technological forces that
compel your customers to purchase
your products and services;
(iii) Documented incentives—known
national, regional, state, and local policy
and market incentives available to the
business;
(iv) Project sustainability—
environmental, social, and economic
reasons the business will thrive beyond
HBIIP;
(v) Investments on consumer
education and marketing; and
(vi) Partnerships—significant longterm supplier and/or customer
arrangements and/or agreements;
(c) The total amount of requested
funds.
Fuel distribution facility applications
must provide evidentiary
documentation in support of their
throughput projections in the HBIIP
Project Technical Report. In the event of
suspect, overstated, or otherwise
unsubstantiated claims, the Agency
reserves the right to adjust an
application’s priority score accordingly.
B. Review and Selection Process
All complete applications will be
competed/ranked in accordance with
section V.A., as specified above.
Applicants may work to complete the
online application until the deadline
specified in the DATES section of this
Notice.
Due to the competitive nature of this
program, applications receiving the
same priority score will be competed/
ranked based on submittal date. The
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submittal date is the date the RBCS
receives a complete application. A
complete application contains all
information requested by RBCS and is
sufficient to allow the determination of
eligibility, score, rank, and compete the
application for funding, subject to funds
available. Incomplete applications will
not be competed and will not receive
funding.
C. Administrator Points
The RBCS retains the discretion to
award priority to applications that
support HBIIP policy goals and that
specifically promote economic
development to improve life in rural
areas that are most in need:
1. A Consideration for First Time
Applicants. Whether an applicant had
funding obligated through this program
previously.
2. Administration Priorities. As per
the Overview section of this Notice.
D. Other Requirements
In order to be considered for funds,
complete applications must be received
by the deadline specified in the DATES
section of this Notice.
1. Insufficient funds. If available
funds are insufficient to fund the total
amount of an application:
(a) The applicant will be notified and
given the option to lower the grant
request and accept the remaining funds.
If the applicant agrees to lower the grant
request, the applicant must certify that
the purposes of the project will be met
and provide the remaining total funds
needed to complete the project.
(b) If two or more applications have
the same priority score and the same
submittal date, both applicants will be
notified and given the option to lower
the grant requests and accept the
remaining funds. If an applicant agrees
to lower its grant request, the applicant
must certify that the purposes of the
project will be met and provide the
remaining total funds needed to
complete the project.
2. Award considerations. All award
considerations will be on a
discretionary basis. In determining the
amount of an award, the RBCS will
consider the amount requested, subject
to the amount being the least of:
(a) the maximum cost-share amount of
50 percent of total eligible project costs,
or a lesser amount when deemed
appropriate;
(b) the maximum award amount of $5
million; or
(c) available funds.
3. Notification of funding
determination. Applicants will be
informed in writing by the RBCS as to
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51647
the funding determination of the
application.
VI. Federal Award Administration
Information
A. Federal Award Notices
HBIIP grants will be administered in
accordance with Departmental
Regulations, and as otherwise specified
in this Notice.
Applicants selected for funding will
receive a signed notice of Federal award
containing instructions on requirements
necessary to proceed with execution
and performance of the award.
Applicants not selected for funding
will be notified in writing and informed
of any review and appeal rights. Awards
to successfully appealed applications
will be limited to available funding.
B. Administrative and National Policy
Requirements
Additional requirements that apply to
grantees selected for this program can be
found in the Grants and Agreements
regulations of the Department of
Agriculture codified in 2 CFR parts 180,
200, 400, 415, 417, 418, 421; 2 CFR parts
25 and 170; and 48 CFR 31.2.
In addition, all recipients of Federal
financial assistance are required to
report information about first tier
subawards and executive compensation
(see 2 CFR part 170). You will be
required to have the necessary processes
and systems in place to comply with the
Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. 109–
282) reporting requirements (see 2 CFR
170.200(b), unless you are exempt under
2 CFR 170.110(b)). More information on
these requirements can be found at
https://www.rd.usda.gov/HBIIP. The
following additional requirements apply
to grantees selected for this program:
1. Grant Agreement—RD 4280–2
Rural Business-Cooperative Service
Financial Assistance Agreement;
2. Letter of Conditions;
3. Form RD 1940–1, ‘‘Request for
Obligation of Funds;’’
4. Form RD 1942–46, ‘‘Letter of Intent
to Meet Conditions;’’ and
5. Use Form SF 271, ‘‘Request for
Advance or Reimbursement.’’
C. Reporting
After grant approval and through
grant completion, grantees will be
required to periodically provide the
following, as indicated:
1. A SF–425, ‘‘Federal Financial
Report,’’ and a project performance
report will be required on a semiannual
basis (due 30 working days after end of
the semiannual period). For the
purposes of this grant, semiannual
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periods end on March 31st and
September 30th. The project
performance reports shall include the
elements prescribed in the Grant
Agreement which, for fueling stations,
will include point of sale reporting for
up to 5 years post project completion
and, for fuel distribution facilities, will
include reporting of throughput
volumes of all fuels including higher
blend fuels.
2. A final project and financial status
report, as required per 2 CFR 200.344,
‘‘Closeout’’, within 90 days after the
expiration or termination of the grant.
3. Provide project outcome/
performance reports and final
deliverables. Reported data will be used
for program and policy evaluation. The
proprietary nature and confidentiality of
information collected from program
participants is specified in 7 U.S.C.
2276.
VII. Federal Awarding Agency Contacts
For further information contact: Jeff
Carpenter: telephone (402) 318–8195,
email: HigherBlendsGrants-apply@
usda.gov. Persons with disabilities that
require alternative means for
communication should contact the
USDA Target Center at (202) 720–2600
(voice).
VIII. Other Information
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A. Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (also known as the
Congressional Review Act or CRA); 5
U.S.C. 801 et seq., this action meets the
threshold for a major rule, as defined by
5 U.S.C. 804(2), because it will result in
an annual effect on the economy of
$100,000,000 or more. Accordingly,
there is a 60-day delay in the effective
date of this action. Processing will not
begin until the opening of the
application intake system. Therefore,
the 60-day delay required by the CRA is
not expected to have a material impact
upon the administration and/or
implementation of the HBIIP.
B. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection
requirements associated with the HBIIP,
as covered in this NOFO, have been
approved by the Office of Management
and Budget (OMB) under OMB Control
Number 0570–0072. This funding
announcement does not create any new
information collection requirements.
C. Nondiscrimination Statement
In accordance with Federal civil
rights laws and U.S. Department of
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Jkt 256001
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Mission Areas, agencies, staff offices,
employees, and institutions
participating in or administering USDA
programs are prohibited from
discriminating based on race, color,
national origin, religion, sex, gender
identity (including gender expression),
sexual orientation, disability, age,
marital status, family/parental status,
income derived from a public assistance
program, political beliefs, or reprisal or
retaliation for prior civil rights activity,
in any program or activity conducted or
funded by USDA (not all bases apply to
all programs). Remedies and complaint
filing deadlines vary by program or
incident.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the Federal Relay
Service at (800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.usda.gov/sites/default/
files/documents/usda-programdiscrimination-complaint-form.pdf,
from any USDA office, by calling (866)
632–9992, or by writing a letter
addressed to USDA. The letter must
contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature
and date of an alleged civil rights
violation. The completed AD–3027 form
or letter must be submitted to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: program.intake@usda.gov.
Marcus Graham,
Acting Executive Vice President, Commodity
Credit Corporation.
Karama Neal,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2022–18123 Filed 8–22–22; 8:45 am]
BILLING CODE 3410–XY–P
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COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the
Washington Advisory Committee
U.S. Commission on Civil
Rights.
ACTION: Announcement of meetings.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Washington Advisory Committee
(Committee) will hold various meetings
via Zoom platform on the dates and
times listed below. The purpose of these
meetings is for the Committee to review
their project proposal about disability
rights in Washington.
DATES: These meetings will take place
on:
• Tuesday, October 4, 2022, from 2
p.m.–3 p.m. Pacific Time.
• Wednesday, October 26, 2022, from
2 p.m.–3 p.m. Pacific Time.
October 4th Registration Link: https://
www.zoomgov.com/meeting/register/
vJIsceivpz4pEyuNreczJTTt3w
HAnNOf7TY.
October 26th Registration Link:
https://www.zoomgov.com/meeting/
register/vJIscuiorTIoEvqAYVFuvqsz2weL13xLVU.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Brooke Peery, Designated Federal
Officer (DFO), at bpeery@usccr.gov or by
phone at (202) 701–1376.
SUPPLEMENTARY INFORMATION: Members
of the public may listen to the
discussion. This meeting is available to
the public through the public WebEx
registration link listed above. An open
comment period will be provided to
allow members of the public to make a
statement as time allows. The
conference call operator will ask callers
to identify themselves, the organization
they are affiliated with (if any), and an
email address prior to placing callers
into the conference room. Callers can
expect to incur regular charges for calls
they initiate over wireless lines,
according to their wireless plan. The
Commission will not refund any
incurred charges. Callers will incur no
charge for calls they initiate over landline connections to the toll-free
telephone number. Persons with hearing
impairments may also follow the
proceedings by first calling the Federal
Relay Service at 1–800–877–8339 and
providing the Service with the
conference call number and conference
ID number.
Members of the public are also
entitled to submit written comments;
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[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Notices]
[Pages 51641-51648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18123]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Rural Business-Cooperative Service
[Docket #: RBS-22-BUSINESS-0006]
Notice of Funding Opportunity for the Higher Blends
Infrastructure Incentive Program (HBIIP) for Fiscal Year 2022
AGENCY: Commodity Credit Corporation and the Rural Business-Cooperative
Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commodity Credit Corporation (CCC) and the Rural Business-
Cooperative Service (RBCS or the Agency), a Rural Development agency of
the United States Department of Agriculture (USDA), announces the
application window and availability of approximately $100 million in
competitive grants to eligible entities for activities designed to
expand the sales and use of renewable fuels under the Higher Blends
Infrastructure Incentive Program (HBIIP). Cost-share grants of up to 50
percent of total eligible project costs but not more than $5 million
will be made available to assist transportation fueling and fuel
distribution facilities with converting to higher blend friendly status
for ethanol (i.e., greater than 10 percent ethanol) and biodiesel
(greater than 5 percent biodiesel) by sharing the costs related to the
installation, and/or retrofitting, and/or otherwise upgrading of
dispenser/pumps, related equipment, and infrastructure.
DATES: Applications for HBIIP will be accepted from August 23, 2022
through November 21, 2022. Applications received after 4:30 p.m.
eastern time on November 21, 2022 will not be considered.
ADDRESSES: Application Submission: Instructions and additional
resources, to include an Application Guide, are available at https://www.rd.usda.gov/HBIIP, under the ``How To Apply'' tab.
Electronic submissions: All applicants must file their application
electronically through the HBIIP Application portal. Guidance and
resources for the application portal can be found at the website
referenced above.
This funding opportunity will also be posted to https://www.grants.gov.
FOR ADDITIONAL INFORMATION CONTACT: Jeff Carpenter, telephone (402)
318-8195, email: [email protected]. Persons with
disabilities that require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Overview
Federal Agency: The Commodity Credit Corporation (CCC) and the
Rural Business-Cooperative Service (RBCS).
Funding Opportunity Title: Higher Blends Infrastructure Incentive
Program (HBIIP).
Announcement Type: Notice of Funding Opportunity.
Assistance Listing Number: 10.754.
Funding Opportunity Number: RBCS-22-01-HBIIP.
Due Date for Applications: Applications for HBIIP will be accepted
from August 23, 2022 through November 21, 2022. Applications received
after 4:30 p.m. eastern time on November 21, 2022 will not be
considered.
Administrative: The following considerations apply to this Notice:
A. Administration Priorities. The Agency encourages applicants to
consider projects that will advance the following key priorities (more
details available at https://www.rd.usda.gov/priority-points):
Assisting rural communities recover economically from the
impacts of the COVID-19 pandemic, particularly disadvantaged
communities.
Ensuring all rural residents have equitable access to
Rural Development (RD) programs and benefits from RD funded projects.
Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.
B. Targeted Assistance Goal. A targeted assistance goal is also
established for applicants (owners) owning the fewest number of
transportation fueling stations/locations (and owning at least one).
Approximately 40 percent of funds will be made available for
activities/investments related to upgrading or installing equipment to
make a transportation fueling facility fully compatible to dispense/
sell higher blends of fuel ethanol and/or biodiesel. The Agency expects
this Targeted Assistance to be exhausted by applicants owning 10
fueling stations/locations or fewer.
Approximately 80 percent of fuel sales in the U.S. is sold by
convenience store owners. Moreover, about 58 percent of the stores
selling fuel in the U.S. are ``single store owners.'' A significant
majority of higher blends fuel is currently sold/dispensed by large
retail convenience store chains located in the Midwest and along the
East Coast of the U.S., due in part because these are the types of
businesses and locations with the highest densities of higher blends
fueling infrastructure. The Agency established this Targeted Assistance
Goal as a means to distribute a portion of program funds among a
greater number of business owners and perhaps indirectly, across a
broader geographic region, that may not otherwise participate. There is
an underlying expectation that owners/participants located in
underserved areas today will be positioned as higher blend fuel market
leaders tomorrow.
C. Consideration for Geographic Diversity. A consideration for
geographical diversity and markets underserved by higher blends is also
afforded to applicants/participants based on the location of the
proposed transportation fueling stations/facilities. This consideration
is intended to work in concert with the Targeted Assistance Goal to
distribute program funds more broadly across a greater number of states
that may not otherwise participate.
D. First Time Applicants. A consideration for first time applicants
may be given to those without a prior HBIIP acceptance of a Letter of
Conditions.
Items in Supplementary Information
I. Program Overview
II. Federal Award Information
III. Eligibility Information
IV. Application and Submission Information
V. Application Review Information
VI. Federal Award Administration Information
VII. Federal Awarding Agency Contacts
VIII. Other Information
[[Page 51642]]
I. Program Overview
A. Authority
This notice is issued pursuant to 62 Stat 1070, and the Commodity
Credit Corporation Charter Act of 1948 (Charter Act); 15 U.S.C. 714.
B. Program Description
The purpose of the HBIIP is to significantly increase the sales and
use of higher blends of ethanol and biodiesel. HBIIP is intended to
encourage a more comprehensive approach to marketing higher blends by
sharing the costs related to building and/or retrofitting biofuel-
related infrastructure.
Under the HBIIP, funds will be awarded to assist transportation
fueling and fuel distribution facilities in converting their current
facilities through upgrade or installation of new equipment required to
ensure all equipment is fully compatible with higher blends of ethanol
(i.e., greater than 10 percent ethanol) and biodiesel (greater than 5
percent biodiesel). The program will share the costs related to the
upgrading of fuel dispensers (gas and diesel pumps) and attached
equipment, underground storage tank (UST) system components (which
includes but is not limited to tanks, pumps, ancillary equipment,
lines, gaskets, and sealants), and other infrastructure required at a
location to ensure the environmentally safe availability of fuel
containing ethanol blends greater than 10 percent or fuel containing
biodiesel blends greater than 5 percent.
Storing and dispensing E15, E85, or other high blends of ethanol
for transportation fueling facilities, such as automotive, freight,
rail, and marine, with equipment that is not compatible with higher
blends of ethanol fuel can result in leaks and releases that
contaminate land and groundwater. Older and even some recent existing
UST systems (which include but are not limited to tanks, pumps,
ancillary equipment, lines, gaskets, and sealants) are not fully
compatible with E15 or higher and require modification before storing
these fuels. Biodiesel blends above B20 have similar requirements; some
infrastructure changes may even be necessary when storing blends
greater than B5. This program will expand the number of facilities
fully compatible with higher blends of ethanol and biodiesel.
Grants for up to 50 percent of total eligible project costs, but
not more than $5 million, are made available to: (1) transportation
fueling facilities, including, but not limited to, local fueling
stations/locations; convenience stores (CS); hypermarket fueling
stations (HFS); and fleet facilities, including rail and marine; and
(2) fuel distribution facilities, including fuel terminal operations;
midstream operations; and/or distribution facilities.
CCC is an agency and instrumentality of the United States within
the Department of Agriculture and operates under the supervision of the
Secretary of Agriculture. Among the activities that Section 5 of the
Charter Act authorizes CCC to undertake are actions to:
Make available materials and facilities required in
connection with the production and marketing of agricultural
commodities (other than tobacco), and
Increase the domestic consumption of agricultural
commodities (other than tobacco) by expanding or aiding in the
expansion of domestic markets or by developing or aiding in the
development of new and additional markets, marketing facilities, and
uses for such commodities.
Under this authority, CCC is making available approximately $100
million in the form of cost-share grants to eligible entities to assist
with the implementation of activities to expand the infrastructure for
renewable fuels derived from agricultural products produced in the
United States. HBIIP will be administered on behalf of CCC under the
general supervision of RBCS.
II. Federal Award Information
Type of Awards: Grants.
Available Funds: Approximately $100 million is made available to
eligible participants. Of the total amount of available funds,
approximately $75 million will be made available to transportation
fueling facilities (including fueling stations; convenience stores;
hypermarket fueling stations; fleet facilities, including
transportation, freight, rail and marine; and similar entities with
capital investments) for eligible implementation activities related to
higher blends of fuel ethanol greater than 10 percent ethanol, such as
E15 or higher, and/or activities related to higher blends of biodiesel
greater than 5 percent, such as B10 or higher; and approximately $25
million will be made available to transportation fueling facilities and
fuel distribution facilities (including terminal operations, depots,
and midstream operations), for eligible implementation activities
related to higher blends of fuel ethanol greater than 10 percent
ethanol, such as E15 or higher and biodiesel greater than 5 percent
biodiesel, such as B10 or higher.
Award Amounts: Awards to successful applicants will be in the form
of cost-share grants for up to 50 percent of total eligible project
costs, but not to exceed $5 million, whichever is less. There is no
minimum amount for these grants.
Anticipated Award Date: The Agency anticipates making awards 90
days after the application deadline.
Performance Period: The grant period is not to exceed 36-months,
unless otherwise specified in the Grant Agreement or agreed to by the
Agency.
Approximate Number of Awards: The number of awards will depend on
the number of eligible participants and the total amount of requested
funds. Based on the Agency's prior experience with this program, it
expects to make approximately 200 awards. In the unlikely event that
every successful applicant is awarded the maximum amount available of
$5 million, 20 awards will be made.
III. Eligibility Information
A. Eligible Applicants
Owners of transportation fueling and fuel distribution facilities
located in the United States and its territories may apply for this
program. Eligible entities would include: fueling stations, convenience
stores, hypermarket retailer fueling stations, fleet facilities
(including automotive, freight, rail and marine), and similar entities
with equivalent capital investments, as well as fuel/biodiesel terminal
operations, midstream operations, and heating oil distribution
facilities or equivalent entities.
Applicants must include all proposed activity under a single
application. Applicants must own or have the legal right to control all
site locations included in their application. Application requirements
and other important information is available on the HBIIP web page
https://www.rd.usda.gov/hbiip.
B. Eligible Project
The goal of HBIIP is to increase the market availability of higher
blends biofuels. To be eligible for this program, a project's sole
purpose must be for the installation, and/or retrofitting, and/or
otherwise upgrading of fuel dispensers/pumps, related/attached
equipment, UST system components, and other infrastructure required at
a location to ensure the environmentally safe availability of fuel
containing ethanol blends greater than 10 percent or fuel containing
biodiesel blends greater than 5 percent.
An eligible project must conform to all applicable Federal, State,
Tribal and local regulatory requirements pertaining to:
[[Page 51643]]
1. Technical Standards and Corrective Action Requirements for
Owners and Operators of Underground Storage Tanks, 40 CFR parts 280 and
281;
2. Regulation of Fuels and Fuel Additives, 40 CFR part 80;
3. Occupational Safety and Health Standards Subpart H--Hazardous
Materials Section 106--Flammable Liquids, 29 CFR 1910.106;
4. Safety and Health Regulations for Construction subpart F--Fire
Protection and Prevention section 152--Flammable Liquids, 29 CFR
1926.152; and
5. Automotive Fuel Ratings, Certification, and Posting, 16 CFR part
306.
HBIIP funds may be used for equipment required at a location to
ensure the environmentally safe availability of fuel containing ethanol
blends greater than 10 percent or fuel containing biodiesel blends
greater than 5 percent.
Since 1988, the Environmental Protection Agency's (EPA) UST
regulations require fuel to be stored in systems that are compatible
with the type of fuel being stored. The environmentally safe growth in
availability of fuels containing higher blends of ethanol or biodiesel
depends on these fuels being stored and dispensed from UST systems that
are compatible with E15. Storing and dispensing E15 at gas stations
with equipment that is not compatible with higher blends of ethanol
fuel can result in leaks and releases that contaminate land and
groundwater. Section 280.32 of 40 CFR 280 states that UST owners and
operators must use an UST system made of or lined with materials that
are compatible with the substance stored in the UST system.
Additionally, owners or operators who store regulated substances
that contain more than 20 percent biodiesel or more than 10 percent
ethanol, such as 15 percent ethanol or E15, must notify their
implementing agency 30 days before storing the fuel. Owners and
operators must also keep records demonstrating that their UST system is
compatible with the substance stored.
Demonstrating compatibility of an UST system means identifying what
equipment is installed as part of your UST system. You must show that a
component is approved by either the manufacturer of the component or by
a nationally recognized independent testing laboratory, such as
Underwriters Laboratory, for use with the fuel to be stored. See
details about these requirements in regulations issued by EPA at 40 CFR
280.32.
Please note that compatibility extends beyond the fuel tank. Owners
and operators must demonstrate compatibility for the components below
to store substances containing more than 10 percent ethanol or more
than 20 percent biodiesel.
1. Tank;
2. Piping carrying product from the tank;
3. Piping containment sumps entered by the piping;
4. Pumping equipment, including the submersible pump or suction
pump, depending on the type of system;
5. Release detection equipment, including automatic tank gauging
probes, sump sensors, and line leak detectors;
6. Spill equipment, such as spill buckets, for the tank; and
7. Overfill equipment, including ball float valves or flapper
valves.
The federal UST regulation from EPA does not require owners and
operators to demonstrate the compatibility of dispensers or associated
aboveground equipment. However, compatibility requirements for these
components may exist in other local regulations, such as, but not
limited to, the fire code. Owners and operators should check for these
requirements with their implementing agency. HBIIP grant funds may be
used to upgrade or replace fuel dispensers/pumps, UST system
components, or other required infrastructure, necessary to make their
facility fully compatible with higher blends of ethanol or biodiesel.
Fuel dispensers/pumps, UST system components, and other required
infrastructure and components must meet the minimum requirements of
EPA's UST regulations and other Federal, State, and local regulations
or codes; and, must be approved by either the manufacturer of the
component or by a nationally recognized independent testing laboratory,
such as Underwriters Laboratory, for use at a minimum for blends
containing 25 percent ethanol or 100 percent biodiesel.
C. Cost Sharing or Matching
There is a matching fund (cost-sharing) requirement of at least $1
for every $1 in grant funds provided by CCC. Matching funds plus grant
funds must equal total eligible project cost. Matching funds may be in
the form of cash or eligible in-kind contributions. Matching funds/
contributions and grant funds may only be used for eligible project
purposes, including any contributions exceeding the minimum amount
required. Applicants will certify and demonstrate that any required
matching funds are available during the grant period and provide
appropriate documentation with the application, as referenced in
section IV.B. of this Notice.
Funds made available under HBIIP may only be used for eligible
equipment, infrastructure, and related expenses to support the sales
and use of higher biofuel blends, fuel containing ethanol greater than
10 percent by volume and/or fuel containing biodiesel blends greater
than 5 percent by volume.
Applicants may enter into arrangements with private entities such
as, but not limited to, commercial vendors of fuels, agricultural
commodity promotional organizations, Tribes, and other entities
interested in the renewable fuels in order to secure such non-Federal
funds or in-kind contributions.
There are several existing or prior and ongoing State-led programs
and private sector efforts to help provide funding for higher blend
dispensers, related equipment, and infrastructure. These programs may
be included as part of any matching contribution requirement. However,
the application must show how the HBIIP grant will add to the
infrastructure that fosters higher blend biofuel sales and use. HBIIP
funds are intended to provide additional incentives.
D. Eligible Funds
1. Matching Funds. The applicant is responsible for securing the
remainder of the total eligible project costs not covered by grant
funds. Matching funds can be comprised of eligible in-kind
contributions from third parties and/or cash, however, in-kind
contributions provided by the applicant cannot be used to meet the
matching fund requirement. Written commitments for matching funds
(e.g., Letters of Commitment on lender letterhead, electronic
communication from a lender, or bank statements) must be submitted with
the Certification of Matching Funds when the application is submitted.
The Certification of Matching Funds must be signed by the applicant.
Funds provided by the applicant in excess of matching funds are not
matching funds. Unless authorized by statute, other Federal grant funds
cannot be used to meet a matching funds requirement.
Up to 10 percent of an applicant's Matching Funds requirement (up
to 5 percent of total project costs) may be used to pay consumer
education and/or marketing and/or signage related expenses. HBIIP grant
funds awarded to transportation fueling stations are intended to assist
with converting those facilities to ensure full compatibility with
higher blend fuel through upgrade
[[Page 51644]]
or installation of fuel dispensers, related equipment, and
infrastructure. And while the contributions of consumer education and/
or marketing and/or signage toward a fuel station's fuel sales are well
recognized, a very tall sign to display fuel prices does not in any way
assist a facility with higher blends compatibility. Therefore, the
Agency determined that while HBIIP grant funds may not be used for
consumer education and/or marketing and/or signage, matching funds may.
2. Eligible Project Costs. Eligible Project Costs are only those
costs incurred after the date that a complete application is submitted
and that are directly related to the use and purposes of the HBIIP. The
applicant is cautioned against taking any actions or incurring any
obligations prior to the Agency completing the environmental review
that would either limit the range of alternatives to be considered or
that would have an adverse effect on the environment, such as the
initiation of construction. If the applicant takes any such actions or
incurs any such obligations, it could result in project ineligibility.
Eligible project costs may include:
(a) Retrofitting of existing, or purchase and installation of new,
fuel dispensers (gas and/or diesel pumps) and attached equipment, UST
system components, and other infrastructure required at a location to
ensure the environmentally safe availability of fuel containing ethanol
blends greater than 10 percent or fuel containing biodiesel blends
greater than 5 percent;
(b) Construction, retrofitting, replacement, and improvements;
(c) Fees for construction permits and licenses;
(d) Professional service fees for qualified consultants,
contractors, installers, and other third-party services; and
(e) HBIIP grant funds may not be used to pay for expenses related
to consumer education and/or marketing and/or signage. However, up to
10 percent of an applicant's matching funds requirement (up to 5
percent of total project costs) may be used to pay for consumer
education and/or marketing and/or signage related expenses.
E. Ineligible Project Costs
Ineligible project costs for HBIIP projects include, but are not
limited to:
1. Renewable diesel projects.
2. Used equipment and vehicles.
3. Construction or equipment costs that would be incurred
regardless of the installation of higher blend fuel infrastructure
shall not be included as eligible project costs. For example, a fuel
storage tank for a fueling facility constructed during the grant period
that would have been otherwise installed should not be included in an
application. USDA believes all new tanks and piping available in the
market only come in models compatible with higher blends of ethanol and
biodiesel, so grant funds would not expand the market for higher blends
by funding such tank or equipment installation. However, other required
equipment such as fuel dispensers/pumps and other UST system components
that are still available in traditional and higher blend compatible
models, the latter at a higher cost, may be considered in this funding
program.
4. Business operations that derive more than 10 percent of annual
gross revenue (including any lease income from space or machines) from
gambling activity, excluding State or Tribal authorized lottery
proceeds, as approved by the Agency, conducted for the purpose of
raising funds for the approved project.
5. Business operations deriving income from activities of a sexual
nature or illegal activities.
6. Purchase of real property or land.
7. Lease payments.
8. Any project that creates a Conflict of Interest or an appearance
of a Conflict of Interest. For purposes of this program conflict of
interest includes, but is not limited to:
(a) Distribution or payment of grant, guaranteed loan funds, and
matching funds or award of project construction contracts to an
individual owner, partner, or stockholder, or to a beneficiary or
immediate family of the applicant when the recipient will retain any
portion of ownership in the applicant's or borrower's project. Grant
and matching funds may not be used to support costs for services or
goods going to, or coming from, a person or entity with a real or
apparent conflict of interest.
(b) Assistance to employees, relatives, and associates. The Agency
will process any requests for assistance under this subpart in
accordance with 7 CFR part 1900, subpart D.
(c) Member/delegate clause. No member of or delegate to Congress
shall receive any share or part of this grant or any benefit that may
arise there from; but this provision shall not be construed to bar, as
a contractor under the grant, a publicly held corporation whose
ownership might include a member of Congress.
9. Funding of political or lobbying activities.
10. To pay off any Federal direct or guaranteed loan or any other
form of Federal debt. Any incurred expense, equipment purchase, or paid
service prior to the date a complete application is submitted.
11. Any expense associated with applying for this program,
including environmental reviews and requirements related to it.
12. Any expense associated with reporting results and/or outcomes
during the disbursement, performance, and servicing portions of this
program.
The U.S. Department of Agriculture Departmental Regulations and
Laws that contain other compliance requirements are referenced in
paragraphs VI. and VIII. of this Notice. Applicants who are found to
be/have been in violation of applicable Federal Law/statutes will be
deemed ineligible.
IV. Application and Submission Information
Applicants seeking to participate in this program must submit
applications in accordance with this Notice.
A. Electronic Application and Submission
Applications must be submitted electronically using the HBIIP
secure-server portal. Instructions and resources for completing the
online application are available on the HBIIP web page under the ``How
To Apply'' tab, https://www.rd.usda.gov/hbiip.
B. Content and Form of Application Submission
Applicants must submit complete applications by the date identified
in the DATES section of this Notice. Applications must contain all
parts necessary for the RBCS to determine applicant and project
eligibility, conduct the technical evaluation, calculate a priority
score, rank, and compete the application, as applicable, in order to be
considered. All applications determined to be insufficient for these
purposes shall be deemed incomplete and will neither be competed nor
receive funding.
1. For Higher Blend Implementation Activities related to
transportation fueling stations/facilities, the HBIIP Online
Application is comprised of the following elements:
(a) SF 424, Application for Federal Assistance;
(b) HBIIP Project Worksheet with Priority Scoring Criteria:
Transportation Fueling Stations/Facilities;
(c) SF 424C, Budget Information--Construction Programs;
(d) HBIIP Project Technical Report;
(e) Signed Certification of Matching Funds;
[[Page 51645]]
(f) Confirmation of Environmental Information to Agency or
Environmental Information; and
(g) SF 424D, Assurances--Construction Programs signed by applicant
entity.
2. For Higher Blend Implementation Activities related to fuel
distribution facilities, an HBIIP Online Application is comprised of
the following elements:
(a) SF 424, Application for Federal Assistance;
(b) HBIIP Project Worksheet with Priority Scoring Criteria: Fuel
Distribution Facilities;
(c) SF 424C, Budget Information--Construction Programs;
(d) HBIIP Project Technical Report;
(e) Signed Certification of Matching Funds;
(f) Confirmation of Environmental Information to Agency or
Environmental Information; and
(g) SF 424D Assurances--Construction Programs signed by the
applicant entity.
3. Instructions and resources for completing the online application
are available on the HBIIP web page under the ``How To Apply'' tab,
https://www.rd.usda.gov/hbiip. Applicants and their authorized/rightful
users will be required to obtain an E-Auth Identification and obtain
access to the secure portal. The application process requires the
ability to both view and generate PDFs (Portable Document Files). The
use of a Web browser such as Chrome or its equivalent is highly
encouraged.
C. Unique Entity Identifier and System for Award Management
1. Each applicant applying for loan or grant funds must (A) be
registered in the System for Award Management (SAM) before submitting
its application and (B) provide a valid Unique Entity Identifier (UEI)
in its application, unless determined exempt under 2 CFR 25.110.
2. Applicant must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
it has an active Federal award or an application under consideration by
a Federal awarding agency.
3. Applicant must ensure they complete the Financial Assistance
General Certifications and Representations in SAM.
4. The Agency will not make an award until the applicant has
complied with all applicable UEI and SAM requirements. If an applicant
has not fully complied with the requirements by the time the Agency is
ready to make an award, the Agency may determine that the applicant is
not qualified to receive a Federal award and use that determination as
a basis for making a Federal award to another applicant.
D. Submission Dates and Times
The deadline date for applications to be received to be considered
for funding is specified in the DATES section at the beginning of this
notice.
After electronically submitting an application through the HBIIP
website, the applicant will receive an automated acknowledgement,
specifying submission date and time, from the HBIIP online application
system. In order to be considered for funds under this Notice,
applications must be deemed complete and must be received by the secure
portal located on the HBIIP web page at https://www.rd.usda.gov/hbiip
by the deadline.
E. Intergovernmental Review
Executive Order (E.O.) 12372, Intergovernmental Review of Federal
Programs, applies to this program. This E.O. requires that Federal
agencies provide opportunities for consultation on proposed assistance
with State and local governments. Many states have established a Single
Point of Contact (SPOC) to facilitate this consultation. Instructions
for completing this required element and a list of States that maintain
a SPOC are available in the HBIIP online application.
F. Funding Restrictions
The following funding restrictions apply to applications submitted
under this Notice.
1. Only one HBIIP application may be submitted per HBIIP applicant.
An application may request HBIIP assistance for more than one location
that is owned and/or legally controlled by the applicant entity. An
HBIIP applicant/application may receive one and only one award in this
competition.
2. If it is determined that an applicant is affiliated with another
entity that has also applied, then the maximum grant award applies to
all affiliated entities as if they applied as one applicant. An
affiliate is an entity controlling or having the power to control
another entity, or a third party or parties that control or have the
power to control both entities.
3. Previous acceptance of an HBIIP Letter of Conditions cannot be
withdrawn and resubmitted under this Notice, unless there is a change
in scope of work approved by RBCS (HBIIP) staff.
4. Underground Storage Tanks and Systems.
(a) New construction. Fueling Stations/Locations/facilities
constructed during the grant period are restricted from receiving HBIIP
grant funds for USTs. RBCS has determined that tanks would be required
of any new fueling stations/locations/facility regardless of any
commitment to market higher blends. However, other required equipment
such as fuel dispensers/pumps and other UST system components that are
still available in traditional and higher blend compatible models, the
latter at a higher cost, may be considered in this funding program.
(b) Existing fueling stations that require upgraded, and/or
retrofitted and/or additional USTs may request assistance of up to 50
percent of total eligible project costs or up to $2,500,000, whichever
is the lesser. Eligible equipment includes, but is not limited to: the
tank, piping, piping containment sumps, underground pumping equipment,
including the submersible pump or suction pump, release detection
equipment, spill equipment (spill buckets), overfill equipment, fuel
dispensers/pumps, or other equipment related to the storage system.
5. HBIIP grant funds may not be used to pay for expenses related to
consumer education, marketing, and/or signage. However, up to 10
percent of an applicant's Matching Funds (up to 5 percent of total
project costs) may be used to pay for education/marketing/signage
related expenses.
6. No HBIIP grant funds may be used to pay for any incurred expense
prior to the submission of a complete application.
G. Multiple Facilities
While only one HBIIP application may be submitted per applicant
under this Notice, an application may request assistance for multiple
facilities/locations that are owned and/or legally controlled by the
applicant entity. Section ``E.3. Funding Restrictions,'' advises on
instances where more than one application is submitted by one or more
affiliates of an entity.
H. Compliance With Other Federal Statues and Other Submission
Requirements
1. Environmental information. For the RBCS to consider an
application complete, the application must include all environmental
review documents with supporting documentation in accordance with 7 CFR
part 1970 and as referenced in section IV.B of this Notice. Any
required environmental review must be completed prior to obligation of
funds. Applicants are advised to contact RBCS to determine
environmental requirements as soon as practicable to ensure adequate
review time.
[[Page 51646]]
Applicants should also submit to RBCS the compatibility
verification of equipment to be funded. EPA regulations found in 40 CFR
280.32 require demonstrating compatibility of systems storing fuel
containing greater than 10 percent ethanol or greater than 20 percent
biodiesel, so RBCS collecting this information in advance is not an
additional burden for applicants. It will ensure that grant funds are
used for purposes that expand the environmentally safe availability of
fuel containing higher blends of ethanol and biodiesel. More
information can be found in this June 2019 compliance advisory from the
EPA Office of Underground Storage Tanks: https://www.epa.gov/sites/production/files/2019-06/documents/compliance-advisory-ust-regs-06-2019.pdf.
2. Original signatures. The RBCS reserves the right to request/
require that the applicant provide original signatures on forms
submitted electronically.
3. Transparency Act Reporting. All recipients of Federal financial
assistance are required to report information about first-tier sub-
awards and executive compensation in accordance with 2 CFR part 170. If
an applicant does not have an exception under 2 CFR 170.110(b), the
applicant must then ensure that it has the necessary processes and
systems in place to comply with the reporting requirements to receive
funding.
4. Race, ethnicity, and gender. The RBCS is requesting that each
applicant provide race, ethnicity, and gender information about the
applicant. The information will allow the Agency to evaluate its
outreach efforts to under-served and under-represented populations.
Applicants are encouraged to furnish this information with their
applications but are not required to do so. An applicant's eligibility
or the likelihood of receiving an award will not be impacted by
furnishing or not furnishing this information.
5. Other Federal Statutes. The applicant must certify to compliance
with other Federal statutes and regulations by completing the Financial
Assistance General Certifications and Representations in SAM,
including, but not limited to the following:
(a) 7 CFR part 15, subpart A--Nondiscrimination in Federally
Assisted Programs of the Department of Agriculture--Effectuation of
title VI of the Civil Rights Act of 1964. Civil Rights compliance
includes, but is not limited to the following:
(i) Collect and maintain data provided by ultimate recipients on
race, sex, and national origin and ensure that ultimate recipients
collect and maintain this data. Race and ethnicity data will be
collected in accordance with Office of Management and Budget (OMB)
Federal Register Notice, ``Revisions to the Standards for the
Classification of Federal Data on Race and Ethnicity'' (published
October 30, 1997 at 62 FR 58782). Sex data will be collected in
accordance with title IX of the Education Amendments of 1972. These
items should not be submitted with the application but should be
available upon request by RBCS.
(ii) The applicant and the ultimate recipient must comply with
Title VI of the Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, the Americans with Disabilities Act (ADA), section
504 of the Rehabilitation Act of 1973, the Age Discrimination Act of
1975, Executive Order 12250, and 7 CFR part 1901, subpart E.
(b) 2 CFR part 417--Governmentwide Debarment and Suspension (Non-
procurement), or any successor regulations.
(c) 2 CFR parts 200 and 400 (Uniform Assistance Requirements, Cost
Principles and Audit Requirements for Federal Awards), or any successor
regulations.
(d) Subpart B of 2 CFR part 421, which adopts the Governmentwide
implementation (2 CFR part 182) of the Drug-Free Workplace Act.
(e) Executive Order 13166, ``Improving Access to Services for
Persons with Limited English Proficiency.'' For information on limited
English proficiency and agency-specific guidance go to https://www.lep.gov/.
(f) Federal Obligation Certification on Delinquent Debt.
V. Application Review Information
A. Criteria
A priority score will be added to complete applications deemed
eligible to compete. Given the purpose of the HBIIP, higher priority
will be given to projects deemed to significantly increase the sales
and use of higher blends of ethanol and biodiesel on a gallons per
dollar of requested funds basis. Priority scoring and ranking of
applications will be a function of the following criteria:
1. For Higher Blend Implementation Activities related to
transportation fueling facilities.
(a) Annual sales volume for the past 3 years (2019-21) or projected
sales for fueling stations constructed during the grant period, for all
fuels including E10 and/or B5;
(b) The incremental increase in higher blend fuel volume attributed
to:
(i) The proposed change in percentage of refueling positions
offering E15 and/or B20 or higher blends (the greater percentage of
higher blend fuel refueling positions, the greater the higher blend
fuel volume attribution);
(ii) The proposed new ratio number of fueling positions offering
E15 and/or B20 relative to the number of fueling positions offering E10
and/or B5 (the greater the ratio of higher blend fuel refueling
positions relative to E10 and/or B5, the greater the higher blend fuel
volume attribution);
(iii) The proposed ratio number of fueling positions offering E85
relative to the number of fueling positions offering E10 (the greater
the ratio of E85 refueling positions relative to E10, the greater the
higher blend fuel volume attribution);
(iv) The proposed change in the number of fueling stations with at
least one E15 fueling position (the greater the number of fueling
stations, the greater the higher blend fuel volume attribution);
(v) Whether the applicant is an owner of 10 fueling stations or
fewer (if yes, a Targeted Assistance Goal, higher blend fuel volume
attribution);
(vi) The proposed number of fueling stations located along an
interstate highway corridor;
(vii) The proposed number of fueling stations located as the sole
station (within a 1-mile radius) in an area;
(viii) The proposed number of fueling stations located in areas
under consideration for Geographic Diversity:
1. The New England States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, Rhode Island; and/or
2. The Western States of Alaska, Arkansas, Arizona, California,
Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri,
Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon,
South Dakota, Texas, Utah, Washington, Wyoming; and/or
3. The U.S. Territories of American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the U.S. Virgin Islands
(c) A ``Matching Funds'' investment/commitment to higher blends
signage and/or marketing is proposed (non-zero investment yields
greater higher blend fuel volume attribution);
(d) The total amount of requested funds.
The HBIIP online application, ``Project Worksheet with Priority
Scoring Criteria for Transportation Fueling Stations/Facilities,'' is
interactive and designed to indicate an applicant's priority score
based on--HBIIP activities (e.g., fuel dispensers, related equipment,
and infrastructure
[[Page 51647]]
installations), Administrator's geographic diversity priorities,
targeted assistance goals (if applicable), and the amount of requested
funds. Applicants may directly influence their priority score by the
activities they select in the worksheet and by the amount of grant
funds they request.
Transportation fueling stations/facilities applications should take
special care to provide evidentiary documentation in support of their
proposed activities in the HBIIP Project Technical Report. In the event
of suspect, overstated, or otherwise unsubstantiated claims, the Agency
reserves the right to adjust an application's priority score
accordingly.
2. For Higher Blend Implementation Activities related to fuel
distribution facilities.
(a) Annual throughput volume for past 3 years (2019-2021), for all
fuels;
(b) The incremental increase in throughput of higher blend fuel, as
substantiated by:
(i) Validated demand--demand projections/forecasts;
(ii) Market drivers--the underlying economic and technological
forces that compel your customers to purchase your products and
services;
(iii) Documented incentives--known national, regional, state, and
local policy and market incentives available to the business;
(iv) Project sustainability--environmental, social, and economic
reasons the business will thrive beyond HBIIP;
(v) Investments on consumer education and marketing; and
(vi) Partnerships--significant long-term supplier and/or customer
arrangements and/or agreements;
(c) The total amount of requested funds.
Fuel distribution facility applications must provide evidentiary
documentation in support of their throughput projections in the HBIIP
Project Technical Report. In the event of suspect, overstated, or
otherwise unsubstantiated claims, the Agency reserves the right to
adjust an application's priority score accordingly.
B. Review and Selection Process
All complete applications will be competed/ranked in accordance
with section V.A., as specified above. Applicants may work to complete
the online application until the deadline specified in the DATES
section of this Notice.
Due to the competitive nature of this program, applications
receiving the same priority score will be competed/ranked based on
submittal date. The submittal date is the date the RBCS receives a
complete application. A complete application contains all information
requested by RBCS and is sufficient to allow the determination of
eligibility, score, rank, and compete the application for funding,
subject to funds available. Incomplete applications will not be
competed and will not receive funding.
C. Administrator Points
The RBCS retains the discretion to award priority to applications
that support HBIIP policy goals and that specifically promote economic
development to improve life in rural areas that are most in need:
1. A Consideration for First Time Applicants. Whether an applicant
had funding obligated through this program previously.
2. Administration Priorities. As per the Overview section of this
Notice.
D. Other Requirements
In order to be considered for funds, complete applications must be
received by the deadline specified in the DATES section of this Notice.
1. Insufficient funds. If available funds are insufficient to fund
the total amount of an application:
(a) The applicant will be notified and given the option to lower
the grant request and accept the remaining funds. If the applicant
agrees to lower the grant request, the applicant must certify that the
purposes of the project will be met and provide the remaining total
funds needed to complete the project.
(b) If two or more applications have the same priority score and
the same submittal date, both applicants will be notified and given the
option to lower the grant requests and accept the remaining funds. If
an applicant agrees to lower its grant request, the applicant must
certify that the purposes of the project will be met and provide the
remaining total funds needed to complete the project.
2. Award considerations. All award considerations will be on a
discretionary basis. In determining the amount of an award, the RBCS
will consider the amount requested, subject to the amount being the
least of:
(a) the maximum cost-share amount of 50 percent of total eligible
project costs, or a lesser amount when deemed appropriate;
(b) the maximum award amount of $5 million; or
(c) available funds.
3. Notification of funding determination. Applicants will be
informed in writing by the RBCS as to the funding determination of the
application.
VI. Federal Award Administration Information
A. Federal Award Notices
HBIIP grants will be administered in accordance with Departmental
Regulations, and as otherwise specified in this Notice.
Applicants selected for funding will receive a signed notice of
Federal award containing instructions on requirements necessary to
proceed with execution and performance of the award.
Applicants not selected for funding will be notified in writing and
informed of any review and appeal rights. Awards to successfully
appealed applications will be limited to available funding.
B. Administrative and National Policy Requirements
Additional requirements that apply to grantees selected for this
program can be found in the Grants and Agreements regulations of the
Department of Agriculture codified in 2 CFR parts 180, 200, 400, 415,
417, 418, 421; 2 CFR parts 25 and 170; and 48 CFR 31.2.
In addition, all recipients of Federal financial assistance are
required to report information about first tier subawards and executive
compensation (see 2 CFR part 170). You will be required to have the
necessary processes and systems in place to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Pub. L. 109- 282)
reporting requirements (see 2 CFR 170.200(b), unless you are exempt
under 2 CFR 170.110(b)). More information on these requirements can be
found at https://www.rd.usda.gov/HBIIP. The following additional
requirements apply to grantees selected for this program:
1. Grant Agreement--RD 4280-2 Rural Business-Cooperative Service
Financial Assistance Agreement;
2. Letter of Conditions;
3. Form RD 1940-1, ``Request for Obligation of Funds;''
4. Form RD 1942-46, ``Letter of Intent to Meet Conditions;'' and
5. Use Form SF 271, ``Request for Advance or Reimbursement.''
C. Reporting
After grant approval and through grant completion, grantees will be
required to periodically provide the following, as indicated:
1. A SF-425, ``Federal Financial Report,'' and a project
performance report will be required on a semiannual basis (due 30
working days after end of the semiannual period). For the purposes of
this grant, semiannual
[[Page 51648]]
periods end on March 31st and September 30th. The project performance
reports shall include the elements prescribed in the Grant Agreement
which, for fueling stations, will include point of sale reporting for
up to 5 years post project completion and, for fuel distribution
facilities, will include reporting of throughput volumes of all fuels
including higher blend fuels.
2. A final project and financial status report, as required per 2
CFR 200.344, ``Closeout'', within 90 days after the expiration or
termination of the grant.
3. Provide project outcome/performance reports and final
deliverables. Reported data will be used for program and policy
evaluation. The proprietary nature and confidentiality of information
collected from program participants is specified in 7 U.S.C. 2276.
VII. Federal Awarding Agency Contacts
For further information contact: Jeff Carpenter: telephone (402)
318-8195, email: [email protected]. Persons with
disabilities that require alternative means for communication should
contact the USDA Target Center at (202) 720-2600 (voice).
VIII. Other Information
A. Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (also known as the Congressional Review Act or
CRA); 5 U.S.C. 801 et seq., this action meets the threshold for a major
rule, as defined by 5 U.S.C. 804(2), because it will result in an
annual effect on the economy of $100,000,000 or more. Accordingly,
there is a 60-day delay in the effective date of this action.
Processing will not begin until the opening of the application intake
system. Therefore, the 60-day delay required by the CRA is not expected
to have a material impact upon the administration and/or implementation
of the HBIIP.
B. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection requirements associated with
the HBIIP, as covered in this NOFO, have been approved by the Office of
Management and Budget (OMB) under OMB Control Number 0570-0072. This
funding announcement does not create any new information collection
requirements.
C. Nondiscrimination Statement
In accordance with Federal civil rights laws and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.usda.gov/sites/default/files/documents/usda-program-discrimination-complaint-form.pdf, from
any USDA office, by calling (866) 632-9992, or by writing a letter
addressed to USDA. The letter must contain the complainant's name,
address, telephone number, and a written description of the alleged
discriminatory action in sufficient detail to inform the Assistant
Secretary for Civil Rights (ASCR) about the nature and date of an
alleged civil rights violation. The completed AD-3027 form or letter
must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
Marcus Graham,
Acting Executive Vice President, Commodity Credit Corporation.
Karama Neal,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2022-18123 Filed 8-22-22; 8:45 am]
BILLING CODE 3410-XY-P