Beaches Environmental Assessment and Coastal Health Act, 15850-15855 [05-6194]
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15850
Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Notices
Workers Local 16, the International
Brotherhood of Electrical Workers Local
302, the Boilermakers Union Local 549
and the Laborers Union Local 324
(Unions) requesting that the
Administrator object to the state
operating permit issued to Chevron
Products Company (Chevron) in
Richmond, California; (2) partially
granted and partially denied two
petitions submitted by Communities for
a Better Environment (CBE) requesting
that the Administrator object to the state
operating permits issued to Chevron in
Richmond, California, and
ConocoPhillips Company (Conoco) in
Rodeo, California; and (3) partially
granted and partially denied two
petitions submitted by Our Children’s
Earth Foundation (OCE) requesting that
the Administrator object to the state
operating permits issued to Tesoro
Refining and Marketing Co. (Tesoro) in
Martinez, California, and Valero
Refining Co. in Benicia, California
(Valero).
Pursuant to section 505(b)(2) of the
Clean Air Act (Act), the petitioners may
seek judicial review of any portion of
the petitions which EPA denied in the
United States Court of Appeals for the
Ninth Circuit. Any petition for review
shall be filed within 60 days from the
date this notice appears in the Federal
Register, pursuant to section 307 of the
Act.
ADDRESSES: Copies of the final orders,
petitions, and other supporting
information are available at the
Environmental Protection Agency,
Region IX, Air Division, 75 Hawthorne
Street, San Francisco, CA 94105. The
final orders are also available
electronically at: https://www.epa.gov/
region07/programs/artd/air/title5/
petitiondb/petitions.
FOR FURTHER INFORMATION CONTACT:
Gerardo Rios, Chief, Air Permits Office,
EPA Region IX, telephone (415) 972–
3974, e-mail r9airpermits@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
approves state and local permitting
authorities to administer the operating
permit program set forth in title V of the
Clean Air Act, 42 U.S.C. 7661–7661f.
BAAQMD administers a fully approved
title V operating permit program. The
Clean Air Act affords EPA the
opportunity for a 45-day period to
review, and object to as appropriate,
operating permits proposed by
permitting authorities. Section 505(b)(2)
of the Act authorizes any person to
petition the EPA Administrator within
60 days after the expiration of this
review period to object to a state
operating permit if EPA has not done so.
Petitions must be based on objections to
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the permit that were raised with
reasonable specificity during the public
comment period provided by the state,
unless the petitioner demonstrates that
it was impracticable to raise these issues
during the comment period or the
grounds for the issues arose after this
period.
BAAQMD submitted proposed
permits to EPA on August 25, 2004
(Chevron and Conoco) and August 26,
2004 (Tesoro and Valero). EPA received
five petitions to object to the permits
(two petitions for the Chevron permit,
and one each for Conoco, Tesoro, and
Valero) prior to the deadline for section
505(b)(2) petitions.
On March 15, 2005, the Administrator
issued one order denying in full the
petition submitted by Unions requesting
the Administrator to object to the permit
for Chevron; two orders partially
granting and partially denying the
petitions submitted by CBE requesting
the Administrator to object to the
permits for Chevron and Conoco; and
two orders partially granting and
partially denying the petitions
submitted by OCE requesting the
Administrator to object to the permits
for Tesoro and Valero. These orders
explain the reasons behind EPA’s
decisions to grant or deny each issue.
Dated: March 15, 2005.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. 05–6195 Filed 3–28–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[OW–FRL–7890–5]
Beaches Environmental Assessment
and Coastal Health Act
Environmental Protection
Agency (EPA).
ACTION: Notice of availability of grants
for implementation of coastal recreation
water monitoring and public
notification under the Beaches
Environmental Assessment and Coastal
Health Act.
AGENCY:
SUMMARY: The Beaches Environmental
Assessment and Coastal Health
(BEACH) Act, signed into law on
October 10, 2000, amended the Clean
Water Act (CWA), to incorporate
provisions to reduce the risk of illness
to users of the Nation’s recreational
waters. Section 406(b) of the CWA, as
amended by the BEACH Act, authorizes
the U.S. Environmental Protection
Agency (EPA) to award program
development and implementation grants
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to eligible States, Territories, Tribes, and
local governments to support
microbiological testing and monitoring
of coastal recreation waters, including
the Great Lakes, that are adjacent to
beaches or similar points of access used
by the public. BEACH Act grants also
support development and
implementation of programs to notify
the public of the potential exposure to
disease-causing microorganisms in
coastal recreation waters. EPA
encourages coastal States and Territories
to apply for BEACH Act grants for
program implementation (referred to as
implementation grants) to implement
effective and comprehensive coastal
recreation water monitoring and public
notification programs. EPA also
encourages coastal Tribes to apply for
BEACH Act grants for program
development (referred to as
development grants) to develop effective
and comprehensive coastal recreation
water monitoring and public
notification programs.
DATES: States and Territories must
submit applications on or before June
27, 2005. Eligible tribes should notify
the relevant Regional BEACH Act grant
coordinator of their interest in applying
on or before June 27, 2005. Upon receipt
of a tribe’s notice of interest, EPA will
establish an appropriate application
deadline.
You must send your
application to the appropriate Regional
Grant Coordinator listed in this notice
under SUPPLEMENTARY INFORMATION
section VI.
FOR FURTHER INFORMATION CONTACT: Rich
Healy, 1200 Pennsylvania Ave., NW.,
(4305T), Washington, DC 20460, (202)
566–0454, healy.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Grant Program
What Is the Statutory Authority for
BEACH Act Grants?
The general statutory authority for
BEACH Act grants is section 406(b) of
the Clean Water Act, as amended by the
BEACH Act, Public Law 106–284, 114
Stat. 970 (2000). It provides: ‘‘The
Administrator may make grants to States
and local governments to develop and
implement programs for monitoring and
notification for coastal recreation waters
adjacent to beaches or similar points of
access that are used by the public.’’
CWA section 406(b)(2)(A), however,
limits EPA’s ability to award
implementation grants only to those
States, Tribes and Territories that meet
certain requirements (see Section II,
Funding and Eligibility, below for
information on specific requirements).
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What Activities Are Eligible for Funding
Under the FY 2005 Grants?
Are Local Governments Eligible for
Funding?
In fiscal year 2005, EPA intends to
award grants authorized under CWA
section 406(b) to eligible States and
Territories to support the
implementation of coastal recreation
water monitoring and public
notification programs that are consistent
with EPA’s required performance
criteria for implementation grants. Also
in fiscal year 2005, EPA intends to
award development grants to eligible
tribes to support the development of
coastal recreation water monitoring and
public notification programs that are
consistent with EPA’s performance
criteria for grants. EPA published the
required performance criteria for grants
in National Beach Guidance and
Required Performance Criteria for
Grants, (EPA–823–B–02–004), on July
19, 2002. A notice of availability of the
document was published in the Federal
Register (67 FR 47540, July 19, 2002).
You can find this document on EPA’s
Web site at https://www.epa.gov/
waterscience/beaches/grants. You can
also get copies of the document by
writing, calling, or e-mailing: Office of
Water Resources Center, U.S.
Environmental Protection Agency, Mail
Code 4100T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
(Phone: (202) 566–1731 or e-mail:
center.water-resource@epa.gov).
CWA section 406(b)(2)(B) authorizes
EPA to make a grant to a local
government for implementation of a
monitoring and notification program
only if, after the one-year period
beginning on the date of publication of
the performance criteria (July 19, 2002),
EPA determines that the State within
which the local government has
jurisdiction is not implementing a
program that meets the requirements of
CWA section 406(b), which includes a
requirement that the program is
consistent with the performance criteria
in National Beach Guidance and
Required Performance Criteria for
Grants. Therefore, July 19, 2003, was the
earliest date that local governments
would have been eligible for
implementation grants. EPA has not
determined that any State is
implementing the program inconsistent
with the requirements in section 406(b).
Local governments may contact their
EPA Regional office for further
information about BEACH Act grants.
II. Funding and Eligibility
Who Is Eligible To Apply for These
Implementation Grants?
Coastal and Great Lake States that
meet the requirements of CWA section
406(b)(2)(A) are eligible for grants in
fiscal year 2005 to implement
monitoring and notification programs.
The term ‘‘State’’ is defined in CWA
section 502 to include the District of
Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of
the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands.
However, the Trust Territory of the
Pacific Islands no longer exists. The
Marshall Islands, the Federated States of
Micronesia, and Palau, which were
previously entities within the Trust
Territory of the Pacific Islands, have
entered into Compacts of Free
Association with the Government of the
United States. As a result, each is now
a sovereign, self-governing entity and, as
such, is no longer eligible to receive
grants as a Territory or possession of the
United States.
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How May Tribes Apply for BEACH Act
Development Grants and How Much
Funding Is Available for Tribes?
Section 518(e) of the CWA authorizes
EPA to treat eligible Indian Tribes in the
same manner as States for the purpose
of receiving CWA section 406 grant
funding. For fiscal year 2005, EPA will
make $50,000 available for development
grants to eligible tribes. In order to be
eligible for a CWA section 406
development grant, a tribe must have
coastal recreation waters adjacent to
beaches or similar points of access that
are used by the public. The phrase
‘‘coastal recreation waters’’ is defined in
CWA section 502(21) to mean the Great
Lakes and marine coastal waters
(including coastal estuaries) that are
designated under CWA section 303(c)
for use for swimming, bathing, surfing,
or similar water contact activities. The
statute explicitly excludes from the
definition inland waters and waters
upstream of the mouth of a river or
stream having an unimpaired natural
connection with the open sea. In
addition, a tribe must meet the
requirements in CWA section 518 for
treatment in a manner similar to a State
for purposes of receiving a CWA section
406 grant. EPA encourages those tribes
with coastal recreation waters to contact
their regional Beach Act grant
coordinator for further information
regarding the application process as
soon as possible.
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15851
Are There Any Additional Eligibility
Requirements and Grant Conditions
Applicable to States, Tribes, and
Territories?
Yes, there are additional eligibility
requirements and grant conditions.
First, CWA section 406(b)(2)(A)
provides that EPA may only award a
grant to implement a monitoring and
notification program if:
(i) The program is consistent with the
performance criteria published by the
Administrator under CWA section
406(a);
(ii) The State or local government
prioritizes the use of grant funds for
particular coastal recreation waters
based on the use of the water and the
risk to human health presented by
pathogens or pathogen indicators;
(iii) The State or local government
makes available to the Administrator the
factors used to prioritize the use of
funds under clause (ii);
(iv) The State or local government
provides a list of discrete areas of
coastal recreation waters that are subject
to the program for monitoring and
notification for which the grant is
provided that specifies any coastal
recreation waters for which fiscal
constraints will prevent consistency
with the performance criteria under
CWA section 406(a); and
(v) The public is provided an
opportunity to review the program
through a process that provides for
public notice and an opportunity for
comment.
Second, CWA section 406(c) requires
that as a condition of receipt of a CWA
section 406 grant, a State or local
government program for monitoring and
notification must identify:
(1) Lists of coastal recreation waters in
the State, including coastal recreation
waters adjacent to beaches or similar
points of access that are used by the
public;
(2) In the case of a State program for
monitoring and notification, the process
by which the State may delegate to local
governments responsibility for
implementing the monitoring and
notification program;
(3) The frequency and location of
monitoring and assessment of coastal
recreation waters based on—
(A) The periods of recreational use of
the waters;
(B) The nature and extent of use
during certain periods;
(C) The proximity of the waters to
known point sources and nonpoint
sources of pollution; and
(D) Any effect of storm events on the
waters;
(4)(A) The methods to be used for
detecting levels of pathogens and
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pathogen indicators that are harmful to
human health; and
(B) The assessment procedures for
identifying short-term increases in
pathogens and pathogen indicators that
are harmful to human health in coastal
recreation waters (including increases in
relation to storm events);
(5) Measures for prompt
communication of the occurrence,
nature, location, pollutants involved,
and extent of any exceeding of, or
likelihood of exceeding, applicable
water quality standards for pathogens
and pathogen indicators to—
(A) The Administrator, in such form
as the Administrator determines to be
appropriate; and
(B) A designated official of a local
government having jurisdiction over
land adjoining the coastal recreation
waters for which the failure to meet
applicable standards is identified;
(6) Measures for the posting of signs
at beaches or similar points of access, or
functionally equivalent communication
measures that are sufficient to give
notice to the public that the coastal
recreation waters are not meeting or are
not expected to meet applicable water
quality standards for pathogens and
pathogen indicators; and
(7) Measures that inform the public of
the potential risks associated with water
contact activities in the coastal
recreation waters that do not meet
applicable water quality standards.
Third, as required by CWA section
406(b)(3)(A), a State recipient of a CWA
section 406 grant must submit to EPA,
in such format and at such intervals as
EPA determines to be appropriate, a
report that describes:
(1) Data collected as part of the
program for monitoring and notification
as described in section 406(c), and
(2) Actions taken to notify the public
when water quality standards are
exceeded. In the Federal Register notice
for fiscal year 2003 grants, EPA
established the deadline for States to
submit the monitoring report and the
notification report for any beach season
as January 31st of the year following the
beach season (68 FR 15446, 15449
(March 31, 2003)).
Fourth, as required in the Federal
Register notices for CWA section 406
grants in fiscal years 2003 and 2004,
States were required to report to EPA, as
a condition of their fiscal year 2003
grants, latitude, longitude and mileage
data on:
(1) The extent of beaches and similar
points of public access adjacent to
coastal recreation waters, and
(2) The extent of beaches that are
monitored. (68 FR 15446, 15447) (69 FR
24592, May 4, 2004).
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How Much Funding Is Available?
For fiscal year 2005,the total available
for BEACH Act grants is $9.920 million.
EPA expects to award $9.870 million in
implementation and development grants
to eligible States and Territories. In
addition, EPA intends to award $50,000
in development grants to eligible Tribes.
How Will the Funding for States and
Territories Be Allocated?
EPA expects to award grants to all
eligible States and Territories who apply
for funding based on an allocation
formula that the Agency developed for
allocating BEACH Act grant funds in
2002. EPA consulted with various
States, the Coastal States Organization,
and the Association of State and
Interstate Water Pollution Control
Administrators (ASIWPCA) to develop
this formula. It uses three factors that
are readily available and verifiable: (1)
beach season length, (2) beach miles,
and (3) beach use.
(1) Beach Season Length
EPA selected beach season length as
a factor because it determines the part
of the year when a government would
conduct its monitoring program. The
longer the beach season, the more
resources a government would need to
conduct monitoring. The Agency
obtained the information on the length
of a beach season from the National
Health Protection Survey of Beaches for
the States or Territories that submitted
a completed survey. EPA estimated the
beach season length for American
Samoa, Oregon, Puerto Rico, and
Northern Mariana Islands based on the
season reported by nearby States and
Territories. EPA estimated the beach
season length for Alaska based on air
and water temperature, available
information on recreation activities, and
data from the 1993 National Water
Based Recreation Survey. EPA grouped
the States and U.S. Territories into four
categories of beach season lengths:
The beach
season category is:
For beaches in:
Alaska ....................................
Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, New
Hampshire, New Jersey,
New York, Ohio, Oregon,
Pennsylvania, Rhode Island, months Virginia,
Washington, Wisconsin.
Alabama, Georgia, Louisiana,
Mississippi, North Carolina,
South Carolina.
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< 3 months.
3–4 months.
5–6 months.
For beaches in:
American Samoa, California,
Florida, Guam, Hawaii,
Northern Mariana, Puerto
Rico, Texas, U.S. Virgin Islands.
The beach
season category is:
9–12 months.
(2) Beach Miles
EPA selected miles of beach as a
factor because it determines the
geographical extent over which a
government would conduct monitoring.
The more miles of beaches, the more
resources a government would need to
conduct monitoring. EPA does not have
complete and verified beach mileage
data at this time. Therefore, in the
interim, EPA is using shoreline miles as
a surrogate for beach miles in the
allocation formula. Shoreline miles data
overestimates beach miles in some
States and Territories; however, EPA
and States agreed that this is the best
beach estimate available at this time.
EPA used the National Oceanic and
Atmospheric Administration (NOAA)
publication, The Coastline of the United
States, to quantify shoreline miles. Next
year, EPA intends to use beach miles
(reported by States and Territories)
rather than shoreline miles. EPA will
also use beach miles information to
periodically update the CWA section
406(g) list (also known as the National
List of Beaches—document number,
EPA–823–R–04–004).
(3) Beach Use
EPA selected beach use as a factor
because it reflects the importance of
beach-related tourism to the local
economy. Greater use of beaches makes
it more likely that a government would
need to conduct monitoring more
frequently due to the larger number of
people that might be exposed to
pathogens. EPA continues to use the
coastal population of counties (based on
the 2000 Census data) to quantify the
coastal population that is wholly or
partially within the State’s or Territory’s
legally defined coastal zone, as a
surrogate for actual beach usage.
The grants allocation formula sums
three parts. The first part is a base
amount for all States and Territories that
varies with the length of the beach
season. The second part distributes 50%
of the total remaining funds based on
the ratio of shoreline miles in a State or
Territory to the total length of shoreline
miles. For example, if a State has 4% of
the total coastal and Great Lakes
shoreline, that State would receive 4%
of 50% or 2% of total funds remaining
after the Agency distributed the funds
for part one. The third part distributes
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the remaining 50% based on the ratio of
coastal population in a State or Territory
to the total coastal population. For
example, if a State has 2% of the total
coastal and Great Lakes population, that
State would receive 2% of 50% or 1%
of the total funds remaining after the
Agency distributes the funds for the first
two parts. The following table
summarizes the allocation formula:
For the factor:
The part of the allocation is:
Beach season
length.
< 3 months: $150,000
(States and Territories
with a season <3 months
receive season-based
funding only.)
3–4 months: $200,000.
5–6 months: $250,000.
>6 months: $300,000.
50% of funds remaining after
allocation of season-based
funding.
50% of funds remaining after
allocation of season-based
funding.
Shoreline
miles.
Coastal population.
For 2005, the total available for
BEACH Act grants to States and
Territories is $9.870 million. Assuming
all 35 States and Territories with coastal
recreation waters apply and meet the
statutory eligibility requirements for
implementation grants (and have met
the statutory grant conditions applicable
to previously awarded section 406
grants), the distribution of the funds for
year 2005 would be:
The year
2005 allocation is:
For the State or territory of:
Alabama ....................................
Alaska .......................................
American Samoa ......................
California ...................................
Connecticut ...............................
Delaware ...................................
Florida .......................................
Georgia .....................................
Guam ........................................
Hawaii .......................................
Illinois ........................................
Indiana ......................................
Louisiana ..................................
Maine ........................................
Maryland ...................................
Massachusetts ..........................
Michigan ...................................
Minnesota .................................
Mississippi ................................
New Hampshire ........................
New Jersey ...............................
New York ..................................
North Carolina ..........................
Northern Mariana ......................
Ohio ..........................................
Oregon ......................................
Pennsylvania ............................
Puerto Rico ...............................
Rhode Island ............................
South Carolina ..........................
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$262,650
150,000
302,230
525,460
224,290
211,170
537,390
287,620
302,710
323,930
244,630
206,030
326,780
256,880
271,970
256,580
281,530
204,440
257,810
204,710
280,780
354,580
304,540
303,470
224,580
229,910
223,410
329,570
213,140
298,490
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For the State or territory of:
Does EPA Require Matching Funds?
Recipients do not have to provide
matching funds for these
386,150 Implementation Grants. EPA may
303,310 establish a match requirement in the
279,920 future based on a review of State
273,080 program activity and funding levels.
The year
2005 allocation is:
Texas ........................................
U.S. Virgin Islands ....................
Virginia ......................................
Washington ...............................
Wisconsin .................................
226,260
EPA expects that all 35 States and
Territories will apply. If fewer than 35
States and Territories apply for the
allocated amount, or if any applicant
fails to meet the statutory eligibility
requirements (or the statutory
conditions applicable to previously
awarded section 406 grants), then EPA
will distribute available grant funds to
eligible States and Territories in the
following order:
(1) States that meet the eligibility
requirements for implementation grants
and that have met the statutory
conditions applicable to previously
awarded section 406 grants will be
awarded the full amount of funds
allocated to the State under the formula
described above.
(2) States that have not met the
requirements for implementation grants
but have met the statutory requirements
and grant conditions applicable to
previously awarded section 406 grants
may receive grants for continued
program development. Any program
development grants that the Agency
awards will be for the limited purpose
of completing work needed to qualify
for implementation grants. Therefore,
we expect that funding levels for
continued program development grants
will be lower than the amount allocated
for program implementation grants.
(3) EPA may award program
implementation grants to local
governments in States that the Agency
determines have not met the
requirements for implementation grants.
(4) Should there be any remaining
funds, EPA may award these funds to
those States that have met the statutory
requirements for implementation grants,
as well as the statutory grant conditions
of previous section 406 grants, using the
criteria in the allocation formula.
How Will the Funding for Tribes Be
Allocated?
EPA expects to apportion the funds
set aside for tribal grants evenly among
all eligible tribes that apply for funding.
What Is the Expected Duration of
Funding and Projects?
The expected funding and project
period for implementation grants
awarded in fiscal year 2005 is one year.
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15853
What If a State Cannot Use All of Its
Allocation?
If a State, Tribe, or Territory cannot
use all of its allocation, the Regional
Administrator may award the unused
funds to any eligible coastal or Great
Lake grant recipient in the Region for
the continued development or
implementation of their coastal
recreation water monitoring and
notification program(s). If, after reallocations, there are still unused funds
within the Region, EPA Headquarters
will redistribute these funds to any
eligible coastal or Great Lake grant
recipient.
III. Eligible Activities
Recipients of implementation grants
may use funds for activities to support
implementing a beach monitoring and
notification program that is consistent
with the required performance criteria
for grants specified in the document,
National Beach Guidance and Required
Performance Criteria for Grants,
(document number: EPA–823–B–02–
004). Recipients of development grants
may use the funds to develop a beach
monitoring and notification program
consistent with the performance criteria.
IV. Selection Process
EPA Regional offices will award CWA
section 406 grants through a noncompetitive process. EPA expects to
award grants to all eligible State, Tribe,
and Territory applicants that meet the
applicable requirements described in
this notice.
Who Has the Authority To Award
BEACH Act Grants?
The Administrator has delegated the
authority to award BEACH Act grants to
the Regional Administrators.
V. Application Procedure
What Is the Catalog of Federal Domestic
Assistance (CFDA) Number for the
BEACH Monitoring and Notification
Program Implementation Grants?
The number assigned to the BEACH
Act Grants is 66.472, Program Code CU.
Can BEACH Act Grant Funds Be
Included in a Performance Partnership
Grant?
For fiscal year 2005, BEACH Act
Grants cannot be included in a
Performance Partnership Grant.
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What Is the Application Process for
States and Territories?
What Should a Tribe’s Notice of Interest
Contain?
Your application package should
contain completed:
• EPA SF–424 Application for
Federal Assistance
• Program Summary
• Data Submission Plan, and
In order for EPA to determine that a
State or local government is eligible for
an implementation grant, the applicant
must submit documentation with its
application to demonstrate that its
program is consistent with the
performance criteria. The Program
Summary must contain sufficient
technical detail for EPA to confirm that
your program meets the statutory
eligibility requirements and statutory
grant conditions for previously awarded
CWA section 406 grants listed in section
II (Funding and Eligibility) of this
notice. The Program Summary must also
describe how the State used BEACH Act
Grant funds to develop the beach
monitoring and notification program,
and how the program has met the nine
performance criteria in National Beach
Guidance and Required Performance
Criteria for Grants, (EPA–823–B–02–
004). The Program Summary should
also describe your program’s objectives
for the next year.
The Data Submission Plan describes
the State data infrastructure and how
the State plans to submit beach
monitoring and notification data to EPA.
For those States who have already
submitted their Data Submission Plan,
updates and amendments to the Plan
may be submitted. More information on
both the Program Summary and Data
Submission Plan is available at https://
www.epa.gov/waterscience/beaches/
grants/.
States and territories must submit
application packages to the appropriate
EPA Regional Office by June 27, 2005.
EPA will make an award after the
Agency reviews the documentation and
confirms that the program meets the
applicable requirements. The Office of
Management and Budget has authorized
EPA to collect this information (BEACH
Act Grant Information Collection
Request, OMB control number 2040–
0244). Please contact the appropriate
EPA Regional Office for a complete
application package. See Section VI for
a list of EPA Regional Grant
Coordinators or visit the EPA Beach
Watch Web site at https://www.epa.gov/
waterscience/beaches/contact.html on
the Internet.
The Notice of Intent should include
the tribe’s name and the name and
telephone number of a contact person.
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Are Quality Assurance and Quality
Control (QA/QC) Required for
Application?
Yes. Three specific QA/QC
requirements must be met to comply
with EPA’s performance criteria for
grants:
(1) Applicants must submit
documentation that describes the
quality system implemented by the
State, Tribe, or local government.
Documentation may be in the form of a
Quality Management Plan or equivalent
documentation.
(2) Applicants must submit a quality
assurance project plan (QAPP) or
equivalent documentation.
(3) Applicants are responsible for
submitting documentation of the quality
system and QAPP for review and
approval by the EPA Quality Assurance
Officer or his designee before they take
primary or secondary environmental
measurements. More information about
the required QA/QC procedures is
available in Chapter Four and Appendix
H of National Beach Guidance and
Required Performance Criteria for
Grants (EPA–823–B–02–004).
Are There Reporting Requirements?
Recipients must submit annual
performance reports and financial
reports as required in 40 CFR 31.40 and
31.41. The annual performance report
explains changes to the beach
monitoring and notification program
during the grant year. It also describes
how the grant funds were used to
implement the program to meet the
performance criteria listed in National
Beach Guidance and Required
Performance Criteria for Grants (EPA–
823–B–02–004). The annual
performance report required under 40
CFR 31.40 is due no later than 90 days
after the grant year. Recipients must also
submit annual monitoring and
notification reports required under by
the National Beach Guidance and
Required Performance Criteria for
Grants; (EPA–823–B–02–004). Sections
2.2.3 and 4.3 of the document contain
the performance criterion requiring an
annual monitoring report, and sections
2.2.8 and 5.4 contain the performance
criterion requiring an annual
notification report. The required
monitoring and notification data are
described at https://www.epa.gov/
waterscience/beaches/grants/. These
reports, required to be submitted to EPA
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by States, Tribes and Territories under
CWA section 406(b)(3)(A), include data
collected as part of a monitoring and
notification program. As a condition of
award of an implementation grant, EPA
requires that the monitoring report and
the notification report for any beach
season be submitted not later than
January 31 of the year following the
beach season. (See section II, Funding
and Eligibility, above.)
What Regulations and OMB Cost
Circular Apply to the Award and
Administration of These Grants?
The regulations at 40 CFR part 31
govern the award and administration of
grants to States, tribes, local
governments, and Territories under
CWA sections 406(b). Allowable costs
will be determined according to the cost
principles outlined in OMB Cost
Circular A–87.
VI. Grant Coordinators
Headquarters—Washington, DC
Rich Healy USEPA, 1200 Pennsylvania
Ave., NW.—4305, Washington, DC
20460; T: (202) 566–0405; F: (202)
566–0409; healy.richard@epa.gov.
Region I—Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island
Matt Liebman USEPA Region I, One
Congress Street, Ste. 1100—CWQ,
Boston, MA 02114–2023; T: (617)
918–1626; F: (617) 918–1505;
liebman.matt@epa.gov.
Region II—New Jersey, New York,
Puerto Rico, U.S. Virgin Islands
Helen Grebe USEPA Region II, 2890
Woodbridge Avenue, MS220, Edison,
NJ 08837–3679; T: (732) 321–6797; F:
(732) 321–6616; grebe.helen@epa.gov.
Region III—Delaware, Maryland,
Pennsylvania, Virginia
Tiffany Crawford USEPA Region III,
1650 Arch Street 3ES10, Philadelphia,
PA 19103–2029; T: (215) 814–5776; F:
(215) 814–2301;
crawford.tiffany@epa.gov.
Region IV—Alabama, Florida, Georgia,
Mississippi, North Carolina, South
Carolina
Joel Hansel USEPA Region IV, 61
Forsyth Street, 15th Floor, Atlanta,
GA 30303–3415; T: (404) 562–9274; F:
(404) 562–9224; hansel.joel@epa.gov.
Region V—Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin
Holly Wirick USEPA Region V, 77 West
Jackson Boulevard, WT–16J, Chicago,
IL 60604–3507; T: (312) 353–6704; F:
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found in the SAB Web site at https://
www.epa.gov/sab.
(312) 886–0168;
wirick.holiday@epa.gov.
Region VI—Louisiana, Texas
Mike Schaub USEPA Region VI, 1445
Ross Avenue, 6WQ–EW, Dallas, TX
75202–2733; T: (214) 665–7314; F: (214)
665–6689; schaub.mike@epa.gov.
Region IX—American Soma,
Commonwealth of the Northern
Mariana Islands, California, Guam,
Hawaii
Terry Fleming USEPA Region IX, 75
Hawthorne Street WTR–2, San
Francisco, CA 94105; T: (415) 972–3462;
F: (415) 947–3537;
fleming.terrence@epa.gov.
Region X—Alaska, Oregon, Washington
Rob Pedersen USEPA Region X, 120
Sixth Avenue, OW–134, Seattle, WA
98101; T: (206) 553–1646; F: (206) 553–
0165; pedersen.rob@epa.gov.
Dated: March 15, 2005.
Benjamin H. Grumbles,
Assistant Administrator of Water.
[FR Doc. 05–6194 Filed 3–28–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7890–7]
Science Advisory Board Staff Office;
Notification of an Upcoming Meeting of
the Science Advisory Board Ecological
Processes and Effects Committee
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: The EPA Science Advisory
Board (SAB) Staff Office announces a
public teleconference of the SAB
Ecological Processes and Effects
Committee.
DATES: April 21, 2005. The public
teleconference will be held on April 21,
2005, from 12 p.m. to 2 p.m. (eastern
time).
FOR FURTHER INFORMATION CONTACT: Any
member of the Public wishing to obtain
the teleconference call-in number and
access code to participate in the
teleconference may contact Dr. Thomas
Armitage, Designated Federal Officer
(DFO), U.S. EPA Science Advisory
Board by telephone/voice mail at (202)
343–9995, or via e-mail at
armitage.thomas@epa.gov. The SAB
Mailing address is: U.S. EPA, Science
Advisory Board (1400F), 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. General
information about the SAB may be
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SUPPLEMENTARY INFORMATION:
Background: Ecological risk assessments
have been conducted since the 1980’s,
and EPA’s Guidelines for Ecological
Risk Assessment (document number:
EPA/630/R095/002F available at https://
cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=12460) were
published in 1998. Since 1998, the
practice of ecological risk assessment
has continued to advance. The SAB
Ecological Processes and Effects
Committee (EPEC) has proposed a
project to evaluate the current state of
the practice of ecological risk
assessment. The proposed project is
intended to address scientific aspects of
ecological risk assessment including,
but not limited to, approaches for toxic
chemicals, habitat modification,
multiple stressors, and landscape level
assessments. The EPEC will meet by
teleconference to discuss the proposed
project. The teleconference agenda will
be posted on the SAB website prior to
the teleconference.
Procedures for Providing Public
Comment: It is the policy of the EPA
Science Advisory Board (SAB) Staff
Office to accept written public
comments of any length, and to
accommodate oral public comments
whenever possible. The EPA SAB Staff
Office expects that public statements
presented at the Ecological Processes
and Effects Committee teleconference
will not be repetitive of previously
submitted oral or written statements.
Oral Comments: In general, each
individual or group requesting an oral
presentation at a conference call
meeting will be limited to no more than
three minutes per speaker and no more
than fifteen minutes total. Interested
parties should contact the DFO in
writing via e-mail at least one week
prior to the teleconference in order to be
placed on the public speaker list.
Written Comments: Although written
comments are accepted until the date of
the teleconference (unless otherwise
stated), written comments should be
received in the SAB Staff Office at least
one week prior to the teleconference
date so that the comments may be made
available to the committee or panel for
their consideration. Comments should
be supplied to the DFO at the address/
contact information above in the
following formats: one hard copy with
original signature, and one electronic
copy via e-mail (acceptable file format:
Adobe Acrobat, WordPerfect, Word, or
Rich Text files (in IBM–PC/Windows
98/2000/XP format).
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Meeting Accommodations:
Individuals requiring special
accommodation to access the
teleconference, should contact the
relevant DFO at least five business days
prior to the meeting so that appropriate
arrangements can be made.
Dated: March 22, 2005.
Vanessa T. Vu,
Director, EPA Science Advisory Board Staff
Office.
[FR Doc. 05–6192 Filed 3–28–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7890–6]
Science Advisory Board Staff Office;
Notification of Upcoming
Teleconferences of the Advisory
Council on Clean Air Compliance
Analysis and its Ecological Effects
Subcommittee
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: The EPA Science Advisory
Board (SAB) Staff Office announces a
public teleconference of the Ecological
Effects Subcommittee (EES) of the
Advisory Council on Clean Air
Compliance Analysis (Council). The
EES will meet to discuss its draft
advisory report in response to EPA’s
charge questions related to the Agency’s
Benefits and Costs of the Clean Air Act,
Revised Analytic Plan for EPA’s Second
Prospective Analysis, 1990–2020. The
chartered Council will subsequently
meet to review the draft advisory of the
EES and consider it for approval and
transmittal to the EPA Administrator.
DATES: The public teleconference of the
Council EES will be held on April 14,
2005 from 2 p.m. to 4 p.m. (eastern
time). The public teleconference of the
Council will be held on May 24, 2005
from 2 p.m. to 4 p.m. (eastern time).
FOR FURTHER INFORMATION CONTACT:
Members of the public who wish to
obtain the call-in number or access code
or submit written or brief oral comments
(three minutes or less) must contact Dr.
Holly Stallworth, Designated Federal
Officer, at telephone/voice mail: (202)
343–9867 or via e-mail at:
stallworth.holly@epa.gov. Any member
of the public wishing further
information regarding the SAB or the
Council EES may also contact Dr.
Stallworth, or visit the SAB Web site at:
https://www.epa.gov/sab.
SUPPLEMENTARY INFORMATION:
Background: EPA’s Office of Air and
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]]>Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Notices]
[Pages 15850-15855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6194]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-7890-5]
Beaches Environmental Assessment and Coastal Health Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of grants for implementation of coastal
recreation water monitoring and public notification under the Beaches
Environmental Assessment and Coastal Health Act.
-----------------------------------------------------------------------
SUMMARY: The Beaches Environmental Assessment and Coastal Health
(BEACH) Act, signed into law on October 10, 2000, amended the Clean
Water Act (CWA), to incorporate provisions to reduce the risk of
illness to users of the Nation's recreational waters. Section 406(b) of
the CWA, as amended by the BEACH Act, authorizes the U.S. Environmental
Protection Agency (EPA) to award program development and implementation
grants to eligible States, Territories, Tribes, and local governments
to support microbiological testing and monitoring of coastal recreation
waters, including the Great Lakes, that are adjacent to beaches or
similar points of access used by the public. BEACH Act grants also
support development and implementation of programs to notify the public
of the potential exposure to disease-causing microorganisms in coastal
recreation waters. EPA encourages coastal States and Territories to
apply for BEACH Act grants for program implementation (referred to as
implementation grants) to implement effective and comprehensive coastal
recreation water monitoring and public notification programs. EPA also
encourages coastal Tribes to apply for BEACH Act grants for program
development (referred to as development grants) to develop effective
and comprehensive coastal recreation water monitoring and public
notification programs.
DATES: States and Territories must submit applications on or before
June 27, 2005. Eligible tribes should notify the relevant Regional
BEACH Act grant coordinator of their interest in applying on or before
June 27, 2005. Upon receipt of a tribe's notice of interest, EPA will
establish an appropriate application deadline.
ADDRESSES: You must send your application to the appropriate Regional
Grant Coordinator listed in this notice under SUPPLEMENTARY INFORMATION
section VI.
FOR FURTHER INFORMATION CONTACT: Rich Healy, 1200 Pennsylvania Ave.,
NW., (4305T), Washington, DC 20460, (202) 566-0454,
healy.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Grant Program
What Is the Statutory Authority for BEACH Act Grants?
The general statutory authority for BEACH Act grants is section
406(b) of the Clean Water Act, as amended by the BEACH Act, Public Law
106-284, 114 Stat. 970 (2000). It provides: ``The Administrator may
make grants to States and local governments to develop and implement
programs for monitoring and notification for coastal recreation waters
adjacent to beaches or similar points of access that are used by the
public.'' CWA section 406(b)(2)(A), however, limits EPA's ability to
award implementation grants only to those States, Tribes and
Territories that meet certain requirements (see Section II, Funding and
Eligibility, below for information on specific requirements).
[[Page 15851]]
What Activities Are Eligible for Funding Under the FY 2005 Grants?
In fiscal year 2005, EPA intends to award grants authorized under
CWA section 406(b) to eligible States and Territories to support the
implementation of coastal recreation water monitoring and public
notification programs that are consistent with EPA's required
performance criteria for implementation grants. Also in fiscal year
2005, EPA intends to award development grants to eligible tribes to
support the development of coastal recreation water monitoring and
public notification programs that are consistent with EPA's performance
criteria for grants. EPA published the required performance criteria
for grants in National Beach Guidance and Required Performance Criteria
for Grants, (EPA-823-B-02-004), on July 19, 2002. A notice of
availability of the document was published in the Federal Register (67
FR 47540, July 19, 2002). You can find this document on EPA's Web site
at https://www.epa.gov/waterscience/beaches/grants. You can also get
copies of the document by writing, calling, or e-mailing: Office of
Water Resources Center, U.S. Environmental Protection Agency, Mail Code
4100T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (Phone:
(202) 566-1731 or e-mail: center.water-resource@epa.gov).
II. Funding and Eligibility
Who Is Eligible To Apply for These Implementation Grants?
Coastal and Great Lake States that meet the requirements of CWA
section 406(b)(2)(A) are eligible for grants in fiscal year 2005 to
implement monitoring and notification programs. The term ``State'' is
defined in CWA section 502 to include the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands. However, the Trust Territory of the
Pacific Islands no longer exists. The Marshall Islands, the Federated
States of Micronesia, and Palau, which were previously entities within
the Trust Territory of the Pacific Islands, have entered into Compacts
of Free Association with the Government of the United States. As a
result, each is now a sovereign, self-governing entity and, as such, is
no longer eligible to receive grants as a Territory or possession of
the United States.
Are Local Governments Eligible for Funding?
CWA section 406(b)(2)(B) authorizes EPA to make a grant to a local
government for implementation of a monitoring and notification program
only if, after the one-year period beginning on the date of publication
of the performance criteria (July 19, 2002), EPA determines that the
State within which the local government has jurisdiction is not
implementing a program that meets the requirements of CWA section
406(b), which includes a requirement that the program is consistent
with the performance criteria in National Beach Guidance and Required
Performance Criteria for Grants. Therefore, July 19, 2003, was the
earliest date that local governments would have been eligible for
implementation grants. EPA has not determined that any State is
implementing the program inconsistent with the requirements in section
406(b). Local governments may contact their EPA Regional office for
further information about BEACH Act grants.
How May Tribes Apply for BEACH Act Development Grants and How Much
Funding Is Available for Tribes?
Section 518(e) of the CWA authorizes EPA to treat eligible Indian
Tribes in the same manner as States for the purpose of receiving CWA
section 406 grant funding. For fiscal year 2005, EPA will make $50,000
available for development grants to eligible tribes. In order to be
eligible for a CWA section 406 development grant, a tribe must have
coastal recreation waters adjacent to beaches or similar points of
access that are used by the public. The phrase ``coastal recreation
waters'' is defined in CWA section 502(21) to mean the Great Lakes and
marine coastal waters (including coastal estuaries) that are designated
under CWA section 303(c) for use for swimming, bathing, surfing, or
similar water contact activities. The statute explicitly excludes from
the definition inland waters and waters upstream of the mouth of a
river or stream having an unimpaired natural connection with the open
sea. In addition, a tribe must meet the requirements in CWA section 518
for treatment in a manner similar to a State for purposes of receiving
a CWA section 406 grant. EPA encourages those tribes with coastal
recreation waters to contact their regional Beach Act grant coordinator
for further information regarding the application process as soon as
possible.
Are There Any Additional Eligibility Requirements and Grant Conditions
Applicable to States, Tribes, and Territories?
Yes, there are additional eligibility requirements and grant
conditions. First, CWA section 406(b)(2)(A) provides that EPA may only
award a grant to implement a monitoring and notification program if:
(i) The program is consistent with the performance criteria
published by the Administrator under CWA section 406(a);
(ii) The State or local government prioritizes the use of grant
funds for particular coastal recreation waters based on the use of the
water and the risk to human health presented by pathogens or pathogen
indicators;
(iii) The State or local government makes available to the
Administrator the factors used to prioritize the use of funds under
clause (ii);
(iv) The State or local government provides a list of discrete
areas of coastal recreation waters that are subject to the program for
monitoring and notification for which the grant is provided that
specifies any coastal recreation waters for which fiscal constraints
will prevent consistency with the performance criteria under CWA
section 406(a); and
(v) The public is provided an opportunity to review the program
through a process that provides for public notice and an opportunity
for comment.
Second, CWA section 406(c) requires that as a condition of receipt
of a CWA section 406 grant, a State or local government program for
monitoring and notification must identify:
(1) Lists of coastal recreation waters in the State, including
coastal recreation waters adjacent to beaches or similar points of
access that are used by the public;
(2) In the case of a State program for monitoring and notification,
the process by which the State may delegate to local governments
responsibility for implementing the monitoring and notification
program;
(3) The frequency and location of monitoring and assessment of
coastal recreation waters based on--
(A) The periods of recreational use of the waters;
(B) The nature and extent of use during certain periods;
(C) The proximity of the waters to known point sources and nonpoint
sources of pollution; and
(D) Any effect of storm events on the waters;
(4)(A) The methods to be used for detecting levels of pathogens and
[[Page 15852]]
pathogen indicators that are harmful to human health; and
(B) The assessment procedures for identifying short-term increases
in pathogens and pathogen indicators that are harmful to human health
in coastal recreation waters (including increases in relation to storm
events);
(5) Measures for prompt communication of the occurrence, nature,
location, pollutants involved, and extent of any exceeding of, or
likelihood of exceeding, applicable water quality standards for
pathogens and pathogen indicators to--
(A) The Administrator, in such form as the Administrator determines
to be appropriate; and
(B) A designated official of a local government having jurisdiction
over land adjoining the coastal recreation waters for which the failure
to meet applicable standards is identified;
(6) Measures for the posting of signs at beaches or similar points
of access, or functionally equivalent communication measures that are
sufficient to give notice to the public that the coastal recreation
waters are not meeting or are not expected to meet applicable water
quality standards for pathogens and pathogen indicators; and
(7) Measures that inform the public of the potential risks
associated with water contact activities in the coastal recreation
waters that do not meet applicable water quality standards.
Third, as required by CWA section 406(b)(3)(A), a State recipient
of a CWA section 406 grant must submit to EPA, in such format and at
such intervals as EPA determines to be appropriate, a report that
describes:
(1) Data collected as part of the program for monitoring and
notification as described in section 406(c), and
(2) Actions taken to notify the public when water quality standards
are exceeded. In the Federal Register notice for fiscal year 2003
grants, EPA established the deadline for States to submit the
monitoring report and the notification report for any beach season as
January 31st of the year following the beach season (68 FR 15446, 15449
(March 31, 2003)).
Fourth, as required in the Federal Register notices for CWA section
406 grants in fiscal years 2003 and 2004, States were required to
report to EPA, as a condition of their fiscal year 2003 grants,
latitude, longitude and mileage data on:
(1) The extent of beaches and similar points of public access
adjacent to coastal recreation waters, and
(2) The extent of beaches that are monitored. (68 FR 15446, 15447)
(69 FR 24592, May 4, 2004).
How Much Funding Is Available?
For fiscal year 2005,the total available for BEACH Act grants is
$9.920 million. EPA expects to award $9.870 million in implementation
and development grants to eligible States and Territories. In addition,
EPA intends to award $50,000 in development grants to eligible Tribes.
How Will the Funding for States and Territories Be Allocated?
EPA expects to award grants to all eligible States and Territories
who apply for funding based on an allocation formula that the Agency
developed for allocating BEACH Act grant funds in 2002. EPA consulted
with various States, the Coastal States Organization, and the
Association of State and Interstate Water Pollution Control
Administrators (ASIWPCA) to develop this formula. It uses three factors
that are readily available and verifiable: (1) beach season length, (2)
beach miles, and (3) beach use.
(1) Beach Season Length
EPA selected beach season length as a factor because it determines
the part of the year when a government would conduct its monitoring
program. The longer the beach season, the more resources a government
would need to conduct monitoring. The Agency obtained the information
on the length of a beach season from the National Health Protection
Survey of Beaches for the States or Territories that submitted a
completed survey. EPA estimated the beach season length for American
Samoa, Oregon, Puerto Rico, and Northern Mariana Islands based on the
season reported by nearby States and Territories. EPA estimated the
beach season length for Alaska based on air and water temperature,
available information on recreation activities, and data from the 1993
National Water Based Recreation Survey. EPA grouped the States and U.S.
Territories into four categories of beach season lengths:
------------------------------------------------------------------------
The beach season category
For beaches in: is:
------------------------------------------------------------------------
Alaska.................................... < 3 months.
Connecticut, Delaware, Illinois, Indiana, 3-4 months.
Maine, Maryland, Massachusetts, Michigan,
Minnesota, New Hampshire, New Jersey, New
York, Ohio, Oregon, Pennsylvania, Rhode
Island, months Virginia, Washington,
Wisconsin.
Alabama, Georgia, Louisiana, Mississippi, 5-6 months.
North Carolina, South Carolina.
American Samoa, California, Florida, Guam, 9-12 months.
Hawaii, Northern Mariana, Puerto Rico,
Texas, U.S. Virgin Islands.
------------------------------------------------------------------------
(2) Beach Miles
EPA selected miles of beach as a factor because it determines the
geographical extent over which a government would conduct monitoring.
The more miles of beaches, the more resources a government would need
to conduct monitoring. EPA does not have complete and verified beach
mileage data at this time. Therefore, in the interim, EPA is using
shoreline miles as a surrogate for beach miles in the allocation
formula. Shoreline miles data overestimates beach miles in some States
and Territories; however, EPA and States agreed that this is the best
beach estimate available at this time. EPA used the National Oceanic
and Atmospheric Administration (NOAA) publication, The Coastline of the
United States, to quantify shoreline miles. Next year, EPA intends to
use beach miles (reported by States and Territories) rather than
shoreline miles. EPA will also use beach miles information to
periodically update the CWA section 406(g) list (also known as the
National List of Beaches--document number, EPA-823-R-04-004).
(3) Beach Use
EPA selected beach use as a factor because it reflects the
importance of beach-related tourism to the local economy. Greater use
of beaches makes it more likely that a government would need to conduct
monitoring more frequently due to the larger number of people that
might be exposed to pathogens. EPA continues to use the coastal
population of counties (based on the 2000 Census data) to quantify the
coastal population that is wholly or partially within the State's or
Territory's legally defined coastal zone, as a surrogate for actual
beach usage.
The grants allocation formula sums three parts. The first part is a
base amount for all States and Territories that varies with the length
of the beach season. The second part distributes 50% of the total
remaining funds based on the ratio of shoreline miles in a State or
Territory to the total length of shoreline miles. For example, if a
State has 4% of the total coastal and Great Lakes shoreline, that State
would receive 4% of 50% or 2% of total funds remaining after the Agency
distributed the funds for part one. The third part distributes
[[Page 15853]]
the remaining 50% based on the ratio of coastal population in a State
or Territory to the total coastal population. For example, if a State
has 2% of the total coastal and Great Lakes population, that State
would receive 2% of 50% or 1% of the total funds remaining after the
Agency distributes the funds for the first two parts. The following
table summarizes the allocation formula:
------------------------------------------------------------------------
For the factor: The part of the allocation is:
------------------------------------------------------------------------
Beach season length.................... < 3 months: $150,000 (States
and Territories with a season
<3 months receive season-based
funding only.)
3-4 months: $200,000.
5-6 months: $250,000.
>6 months: $300,000.
Shoreline miles........................ 50% of funds remaining after
allocation of season-based
funding.
Coastal population..................... 50% of funds remaining after
allocation of season-based
funding.
------------------------------------------------------------------------
For 2005, the total available for BEACH Act grants to States and
Territories is $9.870 million. Assuming all 35 States and Territories
with coastal recreation waters apply and meet the statutory eligibility
requirements for implementation grants (and have met the statutory
grant conditions applicable to previously awarded section 406 grants),
the distribution of the funds for year 2005 would be:
------------------------------------------------------------------------
The year
2005
For the State or territory of: allocation
is:
------------------------------------------------------------------------
Alabama.................................................... $262,650
Alaska..................................................... 150,000
American Samoa............................................. 302,230
California................................................. 525,460
Connecticut................................................ 224,290
Delaware................................................... 211,170
Florida.................................................... 537,390
Georgia.................................................... 287,620
Guam....................................................... 302,710
Hawaii..................................................... 323,930
Illinois................................................... 244,630
Indiana.................................................... 206,030
Louisiana.................................................. 326,780
Maine...................................................... 256,880
Maryland................................................... 271,970
Massachusetts.............................................. 256,580
Michigan................................................... 281,530
Minnesota.................................................. 204,440
Mississippi................................................ 257,810
New Hampshire.............................................. 204,710
New Jersey................................................. 280,780
New York................................................... 354,580
North Carolina............................................. 304,540
Northern Mariana........................................... 303,470
Ohio....................................................... 224,580
Oregon..................................................... 229,910
Pennsylvania............................................... 223,410
Puerto Rico................................................ 329,570
Rhode Island............................................... 213,140
South Carolina............................................. 298,490
Texas...................................................... 386,150
U.S. Virgin Islands........................................ 303,310
Virginia................................................... 279,920
Washington................................................. 273,080
Wisconsin.................................................. 226,260
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EPA expects that all 35 States and Territories will apply. If fewer
than 35 States and Territories apply for the allocated amount, or if
any applicant fails to meet the statutory eligibility requirements (or
the statutory conditions applicable to previously awarded section 406
grants), then EPA will distribute available grant funds to eligible
States and Territories in the following order:
(1) States that meet the eligibility requirements for
implementation grants and that have met the statutory conditions
applicable to previously awarded section 406 grants will be awarded the
full amount of funds allocated to the State under the formula described
above.
(2) States that have not met the requirements for implementation
grants but have met the statutory requirements and grant conditions
applicable to previously awarded section 406 grants may receive grants
for continued program development. Any program development grants that
the Agency awards will be for the limited purpose of completing work
needed to qualify for implementation grants. Therefore, we expect that
funding levels for continued program development grants will be lower
than the amount allocated for program implementation grants.
(3) EPA may award program implementation grants to local
governments in States that the Agency determines have not met the
requirements for implementation grants.
(4) Should there be any remaining funds, EPA may award these funds
to those States that have met the statutory requirements for
implementation grants, as well as the statutory grant conditions of
previous section 406 grants, using the criteria in the allocation
formula.
How Will the Funding for Tribes Be Allocated?
EPA expects to apportion the funds set aside for tribal grants
evenly among all eligible tribes that apply for funding.
What Is the Expected Duration of Funding and Projects?
The expected funding and project period for implementation grants
awarded in fiscal year 2005 is one year.
Does EPA Require Matching Funds?
Recipients do not have to provide matching funds for these
Implementation Grants. EPA may establish a match requirement in the
future based on a review of State program activity and funding levels.
What If a State Cannot Use All of Its Allocation?
If a State, Tribe, or Territory cannot use all of its allocation,
the Regional Administrator may award the unused funds to any eligible
coastal or Great Lake grant recipient in the Region for the continued
development or implementation of their coastal recreation water
monitoring and notification program(s). If, after re-allocations, there
are still unused funds within the Region, EPA Headquarters will
redistribute these funds to any eligible coastal or Great Lake grant
recipient.
III. Eligible Activities
Recipients of implementation grants may use funds for activities to
support implementing a beach monitoring and notification program that
is consistent with the required performance criteria for grants
specified in the document, National Beach Guidance and Required
Performance Criteria for Grants, (document number: EPA-823-B-02-004).
Recipients of development grants may use the funds to develop a beach
monitoring and notification program consistent with the performance
criteria.
IV. Selection Process
EPA Regional offices will award CWA section 406 grants through a
non-competitive process. EPA expects to award grants to all eligible
State, Tribe, and Territory applicants that meet the applicable
requirements described in this notice.
Who Has the Authority To Award BEACH Act Grants?
The Administrator has delegated the authority to award BEACH Act
grants to the Regional Administrators.
V. Application Procedure
What Is the Catalog of Federal Domestic Assistance (CFDA) Number for
the BEACH Monitoring and Notification Program Implementation Grants?
The number assigned to the BEACH Act Grants is 66.472, Program Code
CU.
Can BEACH Act Grant Funds Be Included in a Performance Partnership
Grant?
For fiscal year 2005, BEACH Act Grants cannot be included in a
Performance Partnership Grant.
[[Page 15854]]
What Is the Application Process for States and Territories?
Your application package should contain completed:
EPA SF-424 Application for Federal Assistance
Program Summary
Data Submission Plan, and
In order for EPA to determine that a State or local government is
eligible for an implementation grant, the applicant must submit
documentation with its application to demonstrate that its program is
consistent with the performance criteria. The Program Summary must
contain sufficient technical detail for EPA to confirm that your
program meets the statutory eligibility requirements and statutory
grant conditions for previously awarded CWA section 406 grants listed
in section II (Funding and Eligibility) of this notice. The Program
Summary must also describe how the State used BEACH Act Grant funds to
develop the beach monitoring and notification program, and how the
program has met the nine performance criteria in National Beach
Guidance and Required Performance Criteria for Grants, (EPA-823-B-02-
004). The Program Summary should also describe your program's
objectives for the next year.
The Data Submission Plan describes the State data infrastructure
and how the State plans to submit beach monitoring and notification
data to EPA. For those States who have already submitted their Data
Submission Plan, updates and amendments to the Plan may be submitted.
More information on both the Program Summary and Data Submission Plan
is available at https://www.epa.gov/waterscience/beaches/grants/.
States and territories must submit application packages to the
appropriate EPA Regional Office by June 27, 2005. EPA will make an
award after the Agency reviews the documentation and confirms that the
program meets the applicable requirements. The Office of Management and
Budget has authorized EPA to collect this information (BEACH Act Grant
Information Collection Request, OMB control number 2040-0244). Please
contact the appropriate EPA Regional Office for a complete application
package. See Section VI for a list of EPA Regional Grant Coordinators
or visit the EPA Beach Watch Web site at https://www.epa.gov/
waterscience/beaches/contact.html on the Internet.
What Should a Tribe's Notice of Interest Contain?
The Notice of Intent should include the tribe's name and the name
and telephone number of a contact person.
Are Quality Assurance and Quality Control (QA/QC) Required for
Application?
Yes. Three specific QA/QC requirements must be met to comply with
EPA's performance criteria for grants:
(1) Applicants must submit documentation that describes the quality
system implemented by the State, Tribe, or local government.
Documentation may be in the form of a Quality Management Plan or
equivalent documentation.
(2) Applicants must submit a quality assurance project plan (QAPP)
or equivalent documentation.
(3) Applicants are responsible for submitting documentation of the
quality system and QAPP for review and approval by the EPA Quality
Assurance Officer or his designee before they take primary or secondary
environmental measurements. More information about the required QA/QC
procedures is available in Chapter Four and Appendix H of National
Beach Guidance and Required Performance Criteria for Grants (EPA-823-B-
02-004).
Are There Reporting Requirements?
Recipients must submit annual performance reports and financial
reports as required in 40 CFR 31.40 and 31.41. The annual performance
report explains changes to the beach monitoring and notification
program during the grant year. It also describes how the grant funds
were used to implement the program to meet the performance criteria
listed in National Beach Guidance and Required Performance Criteria for
Grants (EPA-823-B-02-004). The annual performance report required under
40 CFR 31.40 is due no later than 90 days after the grant year.
Recipients must also submit annual monitoring and notification reports
required under by the National Beach Guidance and Required Performance
Criteria for Grants; (EPA-823-B-02-004). Sections 2.2.3 and 4.3 of the
document contain the performance criterion requiring an annual
monitoring report, and sections 2.2.8 and 5.4 contain the performance
criterion requiring an annual notification report. The required
monitoring and notification data are described at https://www.epa.gov/
waterscience/beaches/grants/. These reports, required to be submitted
to EPA by States, Tribes and Territories under CWA section
406(b)(3)(A), include data collected as part of a monitoring and
notification program. As a condition of award of an implementation
grant, EPA requires that the monitoring report and the notification
report for any beach season be submitted not later than January 31 of
the year following the beach season. (See section II, Funding and
Eligibility, above.)
What Regulations and OMB Cost Circular Apply to the Award and
Administration of These Grants?
The regulations at 40 CFR part 31 govern the award and
administration of grants to States, tribes, local governments, and
Territories under CWA sections 406(b). Allowable costs will be
determined according to the cost principles outlined in OMB Cost
Circular A-87.
VI. Grant Coordinators
Headquarters--Washington, DC
Rich Healy USEPA, 1200 Pennsylvania Ave., NW.--4305, Washington, DC
20460; T: (202) 566-0405; F: (202) 566-0409; healy.richard@epa.gov.
Region I--Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island
Matt Liebman USEPA Region I, One Congress Street, Ste. 1100--CWQ,
Boston, MA 02114-2023; T: (617) 918-1626; F: (617) 918-1505;
liebman.matt@epa.gov.
Region II--New Jersey, New York, Puerto Rico, U.S. Virgin Islands
Helen Grebe USEPA Region II, 2890 Woodbridge Avenue, MS220, Edison, NJ
08837-3679; T: (732) 321-6797; F: (732) 321-6616; grebe.helen@epa.gov.
Region III--Delaware, Maryland, Pennsylvania, Virginia
Tiffany Crawford USEPA Region III, 1650 Arch Street 3ES10,
Philadelphia, PA 19103-2029; T: (215) 814-5776; F: (215) 814-2301;
crawford.tiffany@epa.gov.
Region IV--Alabama, Florida, Georgia, Mississippi, North Carolina,
South Carolina
Joel Hansel USEPA Region IV, 61 Forsyth Street, 15th Floor, Atlanta, GA
30303-3415; T: (404) 562-9274; F: (404) 562-9224; hansel.joel@epa.gov.
Region V--Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Holly Wirick USEPA Region V, 77 West Jackson Boulevard, WT-16J,
Chicago, IL 60604-3507; T: (312) 353-6704; F:
[[Page 15855]]
(312) 886-0168; wirick.holiday@epa.gov.
Region VI--Louisiana, Texas
Mike Schaub USEPA Region VI, 1445 Ross Avenue, 6WQ-EW, Dallas, TX
75202-2733; T: (214) 665-7314; F: (214) 665-6689; schaub.mike@epa.gov.
Region IX--American Soma, Commonwealth of the Northern Mariana Islands,
California, Guam, Hawaii
Terry Fleming USEPA Region IX, 75 Hawthorne Street WTR-2, San
Francisco, CA 94105; T: (415) 972-3462; F: (415) 947-3537;
fleming.terrence@epa.gov.
Region X--Alaska, Oregon, Washington
Rob Pedersen USEPA Region X, 120 Sixth Avenue, OW-134, Seattle, WA
98101; T: (206) 553-1646; F: (206) 553-0165; pedersen.rob@epa.gov.
Dated: March 15, 2005.
Benjamin H. Grumbles,
Assistant Administrator of Water.
[FR Doc. 05-6194 Filed 3-28-05; 8:45 am]
BILLING CODE 6560-50-P
