Beaches Environmental Assessment and Coastal Health Act, 1744-1748 [E6-154]

Download as PDF 1744 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Notices Dated: January 5, 2006. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E6–163 Filed 1–10–06;8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY [OW–FRL–8020–3] Beaches Environmental Assessment and Coastal Health Act AGENCY: Environmental Protection rmajette on PROD1PC71 with NOTICES Agency. 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 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 and Great Lakes 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 and Great Lakes 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 April 11, 2006. Eligible Tribes should notify the relevant Regional BEACH Act grant coordinator of their interest in applying on or before March 13, 2006. Upon VerDate Aug<31>2005 14:20 Jan 10, 2006 Jkt 208001 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– 566–0405, 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 No. 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 grants only to those States, Tribes and Territories that meet certain requirements (see section II, Funding and Eligibility, below for information on specific requirements). What Activities Are Eligible for Funding Under the FY 2006 Grants? In fiscal year 2006, 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 2006, 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). This document can be found on EPA’s Web site at https://www.epa.gov/ waterscience/beaches/grants. Copies of the document may also be obtained by writing, calling, or e-mailing: Office of Water Resources Center, U.S. Environmental Protection Agency, Mail PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 2006 to implement monitoring and notification programs. The definition of the term ‘‘State’’ in CWA section 502 includes the District of Columbia, and current U.S. Territories: the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 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. 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 2006, 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 E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Notices upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea. In addition, a tribe must demonstrate that it meets the ‘‘treatment in the same manner as a State’’ (TAS) criteria contained in CWA section 518(e) for purposes of receiving a section 406 beaches grant. To demonstrate TAS, the Tribe must show that it: (1) Is federally recognized; (2) has a governing body carrying out substantial governmental duties and powers; (3) will be exercising functions pertaining to waters within reservation; and (4) is reasonably expected to be capable of carrying out the functions consistent with the CWA and all applicable regulations. 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. rmajette on PROD1PC71 with NOTICES 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: VerDate Aug<31>2005 14:20 Jan 10, 2006 Jkt 208001 (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 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: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 1745 (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. States must submit to EPA both the monitoring and notification reports for any beach season by January 31 of the year following the beach season. For the 2006 beach season the deadline for states to submit these reports is January 31, 2007. EPA established this report submission deadline in the Federal Register notice for the fiscal year 2003 grants (68 FR 15446, 15449 (March 31, 2003)) and reiterated it in the Federal Register notice for the fiscal year 2004 and 2005 grants (69 FR 24592, 24596 (May 4, 2004) and 70 FR 15850, 15854 (March 29, 2005)). Fourth, States are required to report to EPA, 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. EPA established this requirement in the Federal Register notice for the fiscal year 2003 grants (68 FR 15446, 15447 (March 31, 2003)) and reiterated the requirement in the Federal Register notice for the fiscal year 2004 and 2005 grants (69 FR 24592, 24594 (May 4, 2004) and 70 FR 15850, 15852 (March 29, 2005)). EPA is continuing this requirement in order to capture any changes States may make to their beach monitoring program. States must report to EPA any changes to either the extent of their beaches or similar points of access, or to the extent of their beaches that are monitored. How Much Funding Is Available? For fiscal year 2006, the total available for BEACH Act grants is $9,853,100. EPA expects to award $9,803,100 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 E:\FR\FM\11JAN1.SGM 11JAN1 1746 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Notices 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 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, Virginia, Washington, Wisconsin. Alabama, Georgia, Louisiana, Mississippi, North Carolina, South Carolina .................................................................................... American Samoa, California, Florida, Guam, 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 beach mileage data in a format that can be used for the allocation formula 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. (3) Beach Use EPA selected beach use as a factor because it reflects the magnitude of potential human exposure to pathogens at recreational beaches. Greater use of beaches makes it more likely that a government would need to increase monitoring frequency due to the larger number of people potentially 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 <3 months. 3–4 months. 5–6 months. 9–12 months. 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 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. rmajette on PROD1PC71 with NOTICES Shoreline miles ............................... Coastal population .......................... For 2006, the total available for BEACH Act grants to States and Territories is $9,853,100 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 2006 would be: VerDate Aug<31>2005 14:20 Jan 10, 2006 Jkt 208001 For the State or Territory of: Alabama .................................... Alaska ....................................... American Samoa ...................... California ................................... Connecticut ............................... Delaware ................................... Florida ....................................... Georgia ..................................... Guam ........................................ Hawaii ....................................... Illinois ........................................ Indiana ...................................... Louisiana .................................. Maine ........................................ Maryland ................................... PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 The year 2006 allocation is: $262,170 150,000 302,140 516,960 223,370 210,750 528,410 286,200 302,600 323,020 242,940 205,800 322,010 254,730 269,250 For the State or Territory of: Massachusetts .......................... Michigan ................................... Minnesota ................................. Mississippi ................................ New Hampshire ........................ New Jersey ............................... New York .................................. North Carolina .......................... Northern Marianas .................... Ohio .......................................... Oregon ...................................... Pennsylvania ............................ Puerto Rico ............................... Rhode Island ............................ South Carolina .......................... E:\FR\FM\11JAN1.SGM 11JAN1 The year 2006 allocation is: 254,440 278,450 204,270 257,510 204,530 277,730 348,740 302,480 303,330 223,650 228,780 222,530 328,450 212,640 296,660 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Notices 1747 will be lower than the amount allocated for program implementation grants. (3) EPA may award program implementation grants to local Texas ........................................ 382,890 governments in States that the Agency U.S. Virgin Islands .................... 303,180 Virginia ...................................... 276,900 determines have not met the Washington ............................... 270,320 requirements for implementation grants. (4) Should there be any remaining Wisconsin ................................. 225,270 funds, EPA may award these funds to With this notice, the BEACH Act grant those States that have met the statutory requirements for implementation grants, program is entering its fourth year of implementation grants. Most States and as well as the statutory grant conditions of previous section 406 grants, using the Territories have gained sufficient criteria in the allocation formula. experience in running their beach monitoring and notification programs to What If a State Cannot Use All of Its most effectively use their BEACH Act Allocation? grants. For the 2007 swimming season, If a State, Tribe, or Territory cannot EPA intends to take advantage of that use all of its allocation, the Regional extensive experience to revise the grant Administrator may award the unused allocation formula to better reflect funds to any eligible coastal or Great factors associated with the cost of Lake grant recipient in the Region for operating a monitoring and reporting the continued development or program, as well as the current level of implementation of their coastal funding of the program. EPA expects to recreation water monitoring and consult with States, Tribes and Territories, as well as non-governmental notification program(s). If, after reallocations, there are still unused funds organizations such as the Coastal States within the Region, EPA Headquarters Organization, and the Association of will redistribute these funds to any State and Interstate Water Pollution eligible coastal or Great Lake grant Control Administrators (ASIWPCA) to recipient. revise this formula. EPA expects to begin the consultation process in early How Will the Funding for Tribes Be 2006. Allocated? may use the funds to develop a beach monitoring and notification program consistent with the performance criteria. EPA expects to apportion the funds set aside for tribal grants evenly among all eligible Tribes that apply for funding. What Is the Application Process for States and Territories? Your application package should contain completed: • EPA SF–424 Application for Federal Assistance, • Program Summary, and • Data Submission Plan. 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 the state or territory program’s objectives for the next year. The Data Submission Plan describes the State data infrastructure and how For the State or Territory of: The year 2006 allocation is: rmajette on PROD1PC71 with NOTICES What If a State Does Not Apply or Does Not Qualify for Funding? 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 VerDate Aug<31>2005 14:20 Jan 10, 2006 Jkt 208001 What Is the Expected Duration of Funding and Projects? EPA recognizes that the Agency recently issued 2005 grants to States and Territories. Because of the short gap between the recent 2005 grant awards and this notice, EPA expects that States will need to work with their EPA Regions to establish appropriate funding and project periods consistent with 40 CFR part 31. 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. 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 2006, BEACH Act Grants cannot be included in a Performance Partnership Grant. E:\FR\FM\11JAN1.SGM 11JAN1 1748 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Notices the State plans to submit beach monitoring and notification data to EPA. States may submit a new Data Submission Plan, or they may submit updates and amendments to their current Plan. 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 April 11, 2006. 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. rmajette on PROD1PC71 with NOTICES 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 VerDate Aug<31>2005 14:20 Jan 10, 2006 Jkt 208001 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. This document can be found 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 St. Ste. 1100–CWQ, Boston, MA 02114–2023; T: 617–918–1626; F: 617–918–1505; liebman.matt@epa.gov. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Region II—New Jersey, New York, Puerto Rico, U.S. Virgin Islands Helen Grebe USEPA Region II, 2890 Woodbridge Ave. 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 St. 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 Blvd. WT–16J, Chicago, IL 60604–3507; T: 312–353–6704; F: 312– 886–0168; wirick.holiday@epa.gov. Region VI—Louisiana, Texas Mike Schaub USEPA Region VI, 1445 Ross Ave. 6WQ–EW, Dallas, TX 75202– 2733; T: 214–665–7314; F: 214–665– 6689; schaub.mike@epa.gov. Region IX—American Samoa, Commonwealth of the Northern Mariana Islands, California, Guam, Hawaii Terry Fleming USEPA Region IX, 75 Hawthorne St. 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 Ave. OW–134, Seattle, WA 98101; T: 206–553–1646; F: 206–553–0165; pedersen.rob@epa.gov. Dated: January 3, 2006. Benjamin H. Grumbles, Assistant Administrator for Water. [FR Doc. E6–154 Filed 1–10–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8020–7] Air Quality Management Subcommittee to the Clean Air Act Advisory Committee (CAAAC) Notice of Meeting SUMMARY: The Environmental Protection Agency (EPA) established the CAAAC on November 19, 1990, to provide E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Notices]
[Pages 1744-1748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-154]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-8020-3]


Beaches Environmental Assessment and Coastal Health Act

AGENCY: Environmental Protection Agency.

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.

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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 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 and Great Lakes 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 and Great Lakes 
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 
April 11, 2006. Eligible Tribes should notify the relevant Regional 
BEACH Act grant coordinator of their interest in applying on or before 
March 13, 2006. 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, 202-566-0405, 
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 
No. 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 grants only to those States, Tribes and Territories that meet 
certain requirements (see section II, Funding and Eligibility, below 
for information on specific requirements).

What Activities Are Eligible for Funding Under the FY 2006 Grants?

    In fiscal year 2006, 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 
2006, 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). This document can be found on EPA's Web site 
at https://www.epa.gov/waterscience/beaches/grants. Copies of the 
document may also be obtained 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 2006 to 
implement monitoring and notification programs. The definition of the 
term ``State'' in CWA section 502 includes the District of Columbia, 
and current U.S. Territories: the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands.

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. 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 2006, 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

[[Page 1745]]

upstream of the mouth of a river or stream having an unimpaired natural 
connection with the open sea. In addition, a tribe must demonstrate 
that it meets the ``treatment in the same manner as a State'' (TAS) 
criteria contained in CWA section 518(e) for purposes of receiving a 
section 406 beaches grant. To demonstrate TAS, the Tribe must show that 
it: (1) Is federally recognized; (2) has a governing body carrying out 
substantial governmental duties and powers; (3) will be exercising 
functions pertaining to waters within reservation; and (4) is 
reasonably expected to be capable of carrying out the functions 
consistent with the CWA and all applicable regulations. 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 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. States must submit to EPA both the monitoring and 
notification reports for any beach season by January 31 of the year 
following the beach season. For the 2006 beach season the deadline for 
states to submit these reports is January 31, 2007. EPA established 
this report submission deadline in the Federal Register notice for the 
fiscal year 2003 grants (68 FR 15446, 15449 (March 31, 2003)) and 
reiterated it in the Federal Register notice for the fiscal year 2004 
and 2005 grants (69 FR 24592, 24596 (May 4, 2004) and 70 FR 15850, 
15854 (March 29, 2005)).
    Fourth, States are required to report to EPA, 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.
    EPA established this requirement in the Federal Register notice for 
the fiscal year 2003 grants (68 FR 15446, 15447 (March 31, 2003)) and 
reiterated the requirement in the Federal Register notice for the 
fiscal year 2004 and 2005 grants (69 FR 24592, 24594 (May 4, 2004) and 
70 FR 15850, 15852 (March 29, 2005)). EPA is continuing this 
requirement in order to capture any changes States may make to their 
beach monitoring program. States must report to EPA any changes to 
either the extent of their beaches or similar points of access, or to 
the extent of their beaches that are monitored.

How Much Funding Is Available?

    For fiscal year 2006, the total available for BEACH Act grants is 
$9,853,100. EPA expects to award $9,803,100 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

[[Page 1746]]

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 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:

------------------------------------------------------------------------
             For beaches in:               The beach season category is:
------------------------------------------------------------------------
Alaska..................................  <3 months.
Connecticut, Delaware, Illinois,          3-4 months.
 Indiana, Maine, Maryland,
 Massachusetts, Michigan, Minnesota, New
 Hampshire, New Jersey, New York, Ohio,
 Oregon, Pennsylvania, Rhode Island,
 Virginia, Washington, Wisconsin.
Alabama, Georgia, Louisiana,              5-6 months.
 Mississippi, North Carolina, South
 Carolina.
American Samoa, California, Florida,      9-12 months.
 Guam, 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 beach mileage data in a format 
that can be used for the allocation formula 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.
(3) Beach Use
    EPA selected beach use as a factor because it reflects the 
magnitude of potential human exposure to pathogens at recreational 
beaches. Greater use of beaches makes it more likely that a government 
would need to increase monitoring frequency due to the larger number of 
people potentially 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 
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 2006, the total available for BEACH Act grants to States and 
Territories is $9,853,100 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 2006 would be:

------------------------------------------------------------------------
                                                               The year
                                                                 2006
               For the State or Territory of:                 allocation
                                                                 is:
------------------------------------------------------------------------
Alabama....................................................     $262,170
Alaska.....................................................      150,000
American Samoa.............................................      302,140
California.................................................      516,960
Connecticut................................................      223,370
Delaware...................................................      210,750
Florida....................................................      528,410
Georgia....................................................      286,200
Guam.......................................................      302,600
Hawaii.....................................................      323,020
Illinois...................................................      242,940
Indiana....................................................      205,800
Louisiana..................................................      322,010
Maine......................................................      254,730
Maryland...................................................      269,250
Massachusetts..............................................      254,440
Michigan...................................................      278,450
Minnesota..................................................      204,270
Mississippi................................................      257,510
New Hampshire..............................................      204,530
New Jersey.................................................      277,730
New York...................................................      348,740
North Carolina.............................................      302,480
Northern Marianas..........................................      303,330
Ohio.......................................................      223,650
Oregon.....................................................      228,780
Pennsylvania...............................................      222,530
Puerto Rico................................................      328,450
Rhode Island...............................................      212,640
South Carolina.............................................      296,660

[[Page 1747]]

 
Texas......................................................      382,890
U.S. Virgin Islands........................................      303,180
Virginia...................................................      276,900
Washington.................................................      270,320
Wisconsin..................................................      225,270
------------------------------------------------------------------------

    With this notice, the BEACH Act grant program is entering its 
fourth year of implementation grants. Most States and Territories have 
gained sufficient experience in running their beach monitoring and 
notification programs to most effectively use their BEACH Act grants. 
For the 2007 swimming season, EPA intends to take advantage of that 
extensive experience to revise the grant allocation formula to better 
reflect factors associated with the cost of operating a monitoring and 
reporting program, as well as the current level of funding of the 
program. EPA expects to consult with States, Tribes and Territories, as 
well as non-governmental organizations such as the Coastal States 
Organization, and the Association of State and Interstate Water 
Pollution Control Administrators (ASIWPCA) to revise this formula. EPA 
expects to begin the consultation process in early 2006.

What If a State Does Not Apply or Does Not Qualify for Funding?

    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.

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.

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?

    EPA recognizes that the Agency recently issued 2005 grants to 
States and Territories. Because of the short gap between the recent 
2005 grant awards and this notice, EPA expects that States will need to 
work with their EPA Regions to establish appropriate funding and 
project periods consistent with 40 CFR part 31.

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.

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 2006, BEACH Act Grants cannot be included in a 
Performance Partnership Grant.

What Is the Application Process for States and Territories?

    Your application package should contain completed:
     EPA SF-424 Application for Federal Assistance,
     Program Summary, and
     Data Submission Plan.
    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 the state or territory 
program's objectives for the next year.
    The Data Submission Plan describes the State data infrastructure 
and how

[[Page 1748]]

the State plans to submit beach monitoring and notification data to 
EPA. States may submit a new Data Submission Plan, or they may submit 
updates and amendments to their current Plan. 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 April 11, 2006. 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. This document can be 
found 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 St. 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 Ave. 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 St. 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 Blvd. WT-16J, Chicago, 
IL 60604-3507; T: 312-353-6704; F: 312-886-0168; 
wirick.holiday@epa.gov.

Region VI--Louisiana, Texas

    Mike Schaub USEPA Region VI, 1445 Ross Ave. 6WQ-EW, Dallas, TX 
75202-2733; T: 214-665-7314; F: 214-665-6689; schaub.mike@epa.gov.

Region IX--American Samoa, Commonwealth of the Northern Mariana 
Islands, California, Guam, Hawaii

    Terry Fleming USEPA Region IX, 75 Hawthorne St. 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 Ave. OW-134, Seattle, WA 
98101; T: 206-553-1646; F: 206-553-0165; pedersen.rob@epa.gov.

    Dated: January 3, 2006.
Benjamin H. Grumbles,
Assistant Administrator for Water.
 [FR Doc. E6-154 Filed 1-10-06; 8:45 am]
BILLING CODE 6560-50-P
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