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PA Bulletin, Doc. No. 04-979

NOTICES

Small Business Advantage Program

[34 Pa.B. 2959]

   The Department of Environmental Protection (Department) announces the availability of a new program, the Small Business Advantage Program (Program), which provides up to 50% matching grants, up to a maximum of $7,500, to enable a small business in this Commonwealth to adopt or acquire energy efficient or pollution prevention equipment or processes. Well-designed energy efficient or pollution prevention projects can help small businesses cut costs and reduce the risk of potential regulatory problems, while simultaneously protecting the environment. The Department will begin accepting applications for this program on July 1, 2004. The Program is authorized by section 204(h) of the Small Business and Household Pollution Prevention Program Act (35 P. S. § 6029.204(h)).

Program Guidelines

Eligible Applicants

   An eligible applicant must be a small business owner whose business or facility is located within this Commonwealth. Small businesses in this Commonwealth are eligible, including, but not limited to, manufacturers, retailers, service providers, mining businesses and agricultural concerns. The project to which the grant will apply must be located within the applicant's Commonwealth facility. An eligible applicant must be a for-profit business enterprise that is a corporation, limited liability company, partnership, sole proprietorship or other legal business entity that has no more than 100 full-time or full-time equivalent employees and is a separate legal business entity at the time of submission of the application.

Eligible Projects

   Program financing is available to eligible small businesses that install energy efficient or pollution prevention equipment or adopt processes that reduce energy consumption, reduce or reuse raw materials on-site or reduce the production of waste. Proposed projects not related to the manufacturing process or to the service provided by the applicant's facility are not eligible. To review some examples of the types of projects that would be eligible, refer to the Small Business Advantage website at http://www.dep.state.pa.us (DEP Keyword: ''SBAdvantage'')

   Projects do not require a pollution prevention or energy efficiency audit to be eligible. However, the Department strongly encourages applicants to undertake projects developed through a pollution prevention or energy efficiency audit performed by a professional consultant, the Department's Pollution Prevention staff, PENNTAP, the Small Business Development Centers or through the Department's Site Assessment Grant Program. Applicants should include any audit recommendations in the project description section of the application.

   For questions or concerns regarding the eligibility of your project, please contact Dave Barnes, Office of Energy and Technology Development, Small Business Ombudsman's Office, at (717) 783-8411 or at epadvantagegrant@state.pa.us before submitting an application.

Grant Amounts and Limitations

   The maximum amount of this grant is $7,500, or 50% of total eligible project costs, whichever is less. Applicants may use their own funds or funds borrowed or granted through other Commonwealth programs, Federal programs or private lenders to finance the 50% match requirement.

   A small business may submit more that one application within a 12-month period; however, it may not receive more than $7,500 from the program in any 12-month period.

   The Department charges no application fee.

Restrictions

   1.  No Delinquencies

   Neither the small business nor its principals may be delinquent on or in default of any taxes, loans or other obligations to the Commonwealth. For purposes of this program, a ''principal'' is a person who possesses an ownership interest of at least 20 percent in the small business.

   2.  Conflicts of Interest

   The small business and its principals and managerial officers must disclose any potential conflicts of interest with any Commonwealth of Pennsylvania officials or employees.

   3.  Ineligible Activities

   Projects and project costs are not eligible if they relate to any of the following activities:

   *  Equipment and processes that focus solely on pollution control, such as scrubbers, dust collectors or filters;

   *  Equipment or processes that have already been installed or used before the date of application;

   *  Routine maintenance or repair of existing equipment or processes; and

   *  Labor costs of the applicant's own employees, even if such costs are incurred in the acquisition and installation of the project.

   4.  Project Implementation

   The applicant may begin to incur project costs after the application is submitted to the Department; however, doing so is at the risk of the applicant. The Department may at its discretion reimburse costs incurred from the date of grant application submittal through the grant agreement execution date. The Department is not obligated to reimburse eligible project costs until a grant agreement is fully executed. The project must be completed not later than 180 days after a grant agreement is fully executed.

   The Department may revoke a project approval upon the request of the applicant or if the applicant makes a material misrepresentation in the project application.

   The Department may require the applicant to repay the grant if:

   (i)  the grant is used for any purpose other than the approved project;

   (ii)  the applicant makes a material misrepresentation in the project application; or

   (iii)  the applicant fails to comply with the follow-up reporting requirement.

Step-by Step-Guide to Applying

   1.  Identify the Project. Identify one or more pollution prevention (P2) and/or energy efficiency (E2) opportunities that will enhance your company's efficiency and productivity and develop a plan for a project to implement those opportunities. Ascertain the cost of the proposed project and determine the cost savings and potential environmental benefits that should result from the project's implementation.

   2.  Application. Complete the Advantage Grant Application, which is available electronically and can be downloaded at http://www.dep.state.pa.us (DEP Keyword: ''SBAdvantage'') or by contacting the Department at (717) 783-8411. The applicant's original signature is required in Section IX of the application. Submit the completed application to:

         Department of Environmental Protection
         Office of Energy and Technology Development
         ATTN: Small Business Advantage
         P. O. Box 8772
         Harrisburg, PA 17105-8772

   3.  Application Criteria. The Department will review the application and proposed project using the criteria below. The Department will notify the applicant in writing of its determination within 60 days of receipt of the application.

   *  The applicable information is complete and legible. An original signature is required on the application form.

   *  The project is technically feasible, and the applicant has demonstrated its feasibility in the application.

   *  The applicant is not in violation of any Commonwealth, Federal or local environmental law, regulation, permit or other legal requirement relating to environmental protection. The Department, at its sole discretion, may waive this requirement if it determines that the proposed project is likely to bring the applicant into compliance with any such legal requirements.

   *  The project scope/benefits summary clearly describes the project to be implemented.

   *  The application is accompanied by a good faith estimate of the proposed energy savings or pollution prevention benefits of the project.

   *  The application includes an estimate of the yearly cost savings and simple payback in years that should result from implementation of the project.

   *  The application includes sufficient background and baseline information/data to make the monitoring, measuring and reporting of project results possible (such as, cost savings, simple payback and environmental benefits).

   4.  Project Selection. Project selection is made at the discretion of the Department, and is further subject to the availability of funding.

   5.  Project Implementation. The applicant may begin to incur project costs after the application is submitted to the Department; however, doing so is at the risk of the applicant. The Department may at its discretion reimburse costs incurred from the date of grant application submittal through the grant agreement execution date. The Department is not obligated to reimburse eligible project costs until a grant agreement is fully executed. The project must be completed not later than 180 days after a grant agreement is fully executed.

   6.  Project Completion Report. Upon completion of the project, the applicant must submit a report containing the following information:

   *  The project completion date;

   *  A summary of the work completed;

   *  A report of the project's total cost, including an itemization of expenses, including copies of the original invoices for equipment or services to implement the project; and

   *  A summary of the original application's estimated project information included in sections VII. POLLUTION PREVENTION AND ENERGY CONSERVATION QUANTIFICATIONS and VIII. RESULTS-SIMPLE PAYBACK, including any new estimates of savings or environmental benefits.

   7.  Payment. The grantee will be reimbursed for up to 50% of its total eligible project costs up to $7,500 after the grantee has implemented the project and a grant agreement is fully executed. The grant is paid in the form of a check that is mailed to the applicant within 45 days of the Department's approval of the project completion report, which must include itemized invoices for costs incurred for the project.

   8.  The One-Year Follow-up Report. The grantee must submit a follow-up report 12 months after the project completion date. The completed report must detail the environmental benefits and financial costs and savings of the project. The follow-up report is used to enable the Department to assess the program's effectiveness.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 04-979. Filed for public inspection June 4, 2004, 9:00 a.m.]



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