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Missoula County to appeal EPA grant termination, designates Bryce as county contact
Summary
Commissioners authorized filing an appeal to the EPA over termination of an energy retrofit grant and designated Bryce as the county's point of contact; staff said the appeal must be filed within 30 days and the EPA may take up to 180 days to respond.
Missoula County commissioners voted to authorize an appeal of a recent termination notice for an EPA grant and designated Bryce as the county's point of contact for the appeal, county staff told the board.
County staff said termination notice arrived "just over a week and a half ago," and recommended pursuing the administrative appeal provided in the grant documents and federal law rather than immediate litigation. Staff said the county has 30 days from the termination notice to submit written legal and policy rationale supporting redetermination; the EPA then has up to 180 days to consider the appeal.
A county staff presenter urged the board to authorize the appeal to preserve the possibility of reversing the termination, saying the legal and policy support underlying the grant still exists and that the grant's goals align with current EPA priorities. The presenter said the appeal would be drafted over the next week, with one designated individual serving as the county's contact for the EPA.
Bryce, identified in the meeting as a county staff member who volunteered to serve as the designated contact, described the grant's goals as establishing a one-stop shop and a pilot project to showcase energy retrofits that lower utility costs, improve home comfort and indoor air quality, and assist homeowners in updating aging housing stock. Bryce and other staff named in the discussion (Kelly, Corey and Chet) said those project goals align with the EPA's stated priorities on air quality and cutting energy costs for households.
Staff warned that work already underway has continued on a county-funded basis while the appeal is prepared. "It's all on our dime right now unless we're successful with the appeal," a staff presenter said; staff explained that expenditures obligated up to the termination date would be eligible for reimbursement at final closeout, but expenses after the termination date are currently not reimbursable.
A commissioner moved to approve the appeal and designate Bryce as the county's point of contact; the motion was seconded and carried by voice vote. Staff said if the EPA upholds the termination the board would be asked back to consider further actions, which could include litigation or other responses.
