Beaches Environmental Assessment and Coastal Health Act, 1320-1325 [E7-248]
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Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Notices
Dated: January 5, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 07–66 Filed 1–10–07; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
The Act
affords EPA a 45-day period to review,
and object to, as appropriate, a title V
operating permit proposed by a state
permitting authority. Section 505(b)(2)
of the Act authorizes any person to
petition the EPA Administrator, within
60 days after the expiration of the EPA
review period, to object to a title V
operating permit if EPA has not done so.
Petitions must be based only on
objections to 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.
On March 9, 2006, EPA received a
petition from Petitioners requesting that
EPA object to the title V operating
permit for Denver Regional Landfill
South. The request was based on
various allegations related to permitspecific procedural and substantive
issues. The following is a summary of
the main objections raised by the
Petitioners: (1) Colorado did not
respond to significant comments
Petitioners raised during a second
comment period on the permit, which
resulted in deficiencies in the permit;
(2) the operating permit fails to ensure
compliance with the New Source
Performance Standards (NSPS) for
municipal solid waste landfills; (3) the
operating permit fails to ensure
compliance with startup, shutdown, and
malfunction plan requirements in
relation to the control of hazardous air
pollutants; and (4) the operating permit
contains an inappropriate exemption
from emission limits during upset
conditions and thus, fails to ensure
compliance with applicable
requirements related to NAAQS and
PSD increments.
On December 22, 2006, the
Administrator issued an order denying
the petition. The order explains the
reasons behind EPA’s conclusion to
deny the petition for objection on all
grounds.
SUPPLEMENTARY INFORMATION:
[FRL–8267–5]
Clean Air Act Operating Permit
Program; Petition for Objection to
State Operating Permit for Denver
Regional Landfill South, Weld County,
CO
Environmental Protection
Agency (EPA).
ACTION: Notice of final order on petition
to object to a state operating permit.
AGENCY:
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Dated: December 28, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. E7–251 Filed 1–10–07; 8:45 am]
Christopher Razzazian, Office of
Partnership and Regulatory Assistance,
EPA, Region 8, 999 18th Street, Suite
200, Denver, Colorado 80202–2466,
(303) 312–6648,
razzazian.christopher@epa.gov.
BILLING CODE 5001–06–M
SUMMARY: This document announces
that the EPA Administrator has
responded to a citizen petition asking
EPA to object to a Clean Air Act (Act)
title V operating permit issued by the
Colorado Department of Public Health
and Environment (CDPHE). Specifically,
the Administrator has denied the March
9, 2006 petition submitted by Rocky
Mountain Clean Air Action and Jeremy
Nichols (Petitioners) to object to the
March 1, 2006 operating permit issued
to Denver Regional Landfill South
(DRLS).
Pursuant to section 505(b)(2) of the
Act, a petitioner may seek judicial
review of EPA’s denial of a petition in
the United States Court of Appeals for
the appropriate 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: You may review copies of
the final order, the petition, and other
supporting information at the EPA
Region 8 Office, 999 18th Street, Suite
200, Denver, Colorado 80202–2466, and
following the relocation of Region 8 at
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the copies of
the final order, the petition, and other
supporting information. You may view
the hard copies Monday through Friday,
8 a.m. to 4 p.m., excluding Federal
holidays. If you wish to examine these
documents, you should make an
appointment at least 24 hours before
visiting. Additionally, the final order for
Denver Regional Landfill South is
VerDate Aug<31>2005
available electronically at: https://
www.epa.gov/region7/programs/artd/
air/title5/petitiondb/
petitiondb2006.htm.
FOR FURTHER INFORMATION CONTACT:
Secretary of Defense for Personnel and
Readiness, (703) 697–3387.
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ENVIRONMENTAL PROTECTION
AGENCY
[OW–FRL–8268–1]
Beaches Environmental Assessment
and Coastal Health Act
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.
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
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, 2007. Eligible Tribes should notify
the relevant Regional BEACH Act grant
coordinator of their interest in applying
on or before March 12, 2007. Upon
receipt of a Tribe’s notice of interest,
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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
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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, Pub. L. 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
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).
What Activities Are Eligible for Funding
Under the FY 2007 Grants?
In fiscal year 2007, 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 2007, 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 its 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
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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 2007 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 2007, 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
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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
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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
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(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 2007 beach season, the
deadline for states to submit these
reports is January 31, 2008. EPA first
established this report submission
deadline in the Federal Register notice
for the fiscal year 2003 grants (68 FR
15446, 15449 (March 31, 2003)).
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 first established this requirement in
the Federal Register notice for the fiscal
year 2003 grants (68 FR 15446, 15447
(March 31, 2003)). 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 2007, the total
available for BEACH Act grants is
expected to be $9,900,000 subject to the
availability of funds. EPA expects to
award $9,850,000 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?
For fiscal year 2007, 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: (1) Beach season length, (2)
beach miles, and (3) beach use. As
discussed in more detail below, EPA is
reviewing the allocation formula in an
effort to improve it.
(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
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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:
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.
The beach
season category is:
< 3 months.
3–4 months.
5–6 months.
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
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 way to
estimate beach miles available at this
time. EPA used the National Oceanic
and Atmospheric Administration
(NOAA) publication, The Coastline of
the United States, to quantify shoreline
miles. EPA is in the process of
reviewing the appropriateness of
shoreline and beach miles data as
factors in the allocation formula.
(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
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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. EPA is
reviewing the appropriateness of coastal
county population and beach use data
as factors in the allocation formula.
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:
The part of the allocation is:
Beach season length
Shoreline
miles.
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Coastal population.
< 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.
For 2007, the total available for
BEACH Act grants to States and
Territories is expected to be $9,850,000
million. This is an estimate pending the
Agency’s fiscal year 2007 appropriation.
EPA will announce on its Web site any
changes to the total amount available for
BEACH Act grants, at https://
www.epa.gov/waterscience/beaches/
grants/. Assuming all 35 States and
Territories with coastal recreation
waters apply and meet the statutory
eligibility requirements for
implementation grants (and have met
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the statutory grant conditions applicable
to previously awarded section 406
grants), the distribution of the funds for
year 2007 is expected to be:
For the State or Territory of:
The year 2007
allocation is
expected to
be:
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 Marianas ................
Ohio ......................................
Oregon ..................................
Pennsylvania ........................
Puerto Rico ...........................
Rhode Island ........................
South Carolina ......................
Texas ....................................
U.S. Virgin Islands ................
Virginia ..................................
Washington ...........................
Wisconsin .............................
$262,510
$150,000
$302,200
$522,920
$224,010
$211,040
$534,700
$287,200
$302,680
$323,660
$244,120
$205,960
$325,370
$256,240
$271,150
$255,940
$280,610
$204,390
$257,720
$204,660
$279,870
$352,830
$303,920
$303,430
$224,300
$229,570
$223,150
$329,240
$212,990
$297,940
$385,180
$303,270
$279,020
$272,250
$225,960
In the Federal Register notice
announcing the availability of fiscal
year 2006 grants EPA declared its
intention to consider revising the grant
allocation formula (71 FR 1744, 1746
(January 11, 2006)). EPA began this
process on February 15, 2006, when it
convened a State/EPA workgroup to
evaluate the current allocation formula.
In order to garner input from the widest
available audience, EPA intends to
propose for broad input a revised
allocation formula in calendar year
2008. Although the planning for this
proposal is still in the early stages, EPA
expects that one component of any
revised allocation formula will include
an incentive to encourage more timely
expenditure of grant funds by
individual States and Territories. EPA
intends to consult further with
interested stakeholders before making
any changes to improve the allocation
formula in the future. At this time, EPA
expects that any change would be
implemented when EPA awards BEACH
Act grants for fiscal year 2010.
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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 reallocations, there are still unused funds
within the Region, EPA Headquarters
will redistribute these funds to any
eligible coastal or Great Lake BEACH
Act grant recipient.
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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
periods for implementation grants
awarded in fiscal year 2007 is one year.
Does EPA Require Matching Funds?
Recipients do not have to provide
matching funds for BEACH Act 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 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
cprice-sewell on PROD1PC66 with NOTICES
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 2007, 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,
VerDate Aug<31>2005
15:52 Jan 10, 2007
Jkt 211001
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 is consistent with
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
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, 2007.
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 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.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
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
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Notices
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
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.
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 4, 2007.
Michael Shapiro,
Acting Assistant Administrator for Water.
[FR Doc. E7–248 Filed 1–10–07; 8:45 am]
FARM CREDIT SYSTEM INSURANCE
CORPORATION
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.
Farm Credit System Insurance
Corporation Board; Regular Meeting
SUMMARY: Notice is hereby given of the
regular meeting of the Farm Credit
System Insurance Corporation Board
(Board).
The meeting of the Board
will be held at the offices of the Farm
Credit Administration in McLean,
Virginia, on January 11, 2007, from 10
a.m. until such time as the Board
concludes its business.
FOR FURTHER INFORMATION CONTACT:
Roland E. Smith, Secretary to the Farm
Credit System Insurance Corporation
Board, (703) 883–4009, TTY (703) 883–
4056.
ADDRESSES: Farm Credit System
Insurance Corporation, 1501 Farm
Credit Drive, McLean, Virginia 22102.
SUPPLEMENTARY INFORMATION: Parts of
this meeting of the Board will be open
to the public (limited space available)
and parts will be closed to the public.
In order to increase the accessibility to
Board meetings, persons requiring
assistance should make arrangements in
advance. The matters to be considered
at the meeting are:
DATE AND TIME:
cprice-sewell on PROD1PC66 with NOTICES
Region V—Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin
Open Session
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.
• December 14, 2006 (Regular
Meeting).
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.
VerDate Aug<31>2005
15:52 Jan 10, 2007
Jkt 211001
Dated: January 5, 2007.
James M. Morris,
Acting Secretary, Farm Credit System
Insurance Corporation Board.
[FR Doc. E7–213 Filed 1–10–07; 8:45 am]
BILLING CODE 6710–01–P
Region X—Alaska, Oregon, Washington
BILLING CODE 6560–50–P
Rich Healy USEPA, 1200
Pennsylvania Ave., NW—4305,
Washington, DC 20460; T: 202–566–
0405; F: 202–566–0409;
healy.richard@epa.gov.
1325
A. Approval of Minutes
B. New Business
• Review of Insurance Premium
Rates.
Closed Session
• Audit Plan for the Year Ended
December 31, 2006.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System
SUMMARY: Background
On June 15, 1984, the Office of
Management and Budget (OMB)
delegated to the Board of Governors of
the Federal Reserve System (Board) its
approval authority under the Paperwork
Reduction Act, as per 5 CFR 1320.16, to
approve of and assign OMB control
numbers to collection of information
requests and requirements conducted or
sponsored by the Board under
conditions set forth in 5 CFR 1320
Appendix A.1. Board–approved
collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
Paperwork Reduction Act Submission,
supporting statements and approved
collection of information instruments
are placed into OMB’s public docket
files. The Federal Reserve may not
conduct or sponsor, and the respondent
is not required to respond to, an
information collection that has been
extended, revised, or implemented on or
after October 1, 1995, unless it displays
a currently valid OMB control number.
AGENCY:
Request for comment on information
collection proposals
The following information
collections, which are being handled
under this delegated authority, have
received initial Board approval and are
hereby published for comment. At the
end of the comment period, the
proposed information collections, along
with an analysis of comments and
recommendations received, will be
submitted to the Board for final
approval under OMB delegated
authority. Comments are invited on the
following:
a. Whether the proposed collections
of information are necessary for the
proper performance of the Federal
Reserve’s functions; including whether
the information has practical utility;
b. The accuracy of the Federal
Reserve’s estimate of the burden of the
proposed information collections,
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Notices]
[Pages 1320-1325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-248]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-8268-1]
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.
-----------------------------------------------------------------------
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, 2007. Eligible Tribes should notify the relevant Regional
BEACH Act grant coordinator of their interest in applying on or before
March 12, 2007. Upon receipt of a Tribe's notice of interest,
[[Page 1321]]
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, Pub. L. 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 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).
What Activities Are Eligible for Funding Under the FY 2007 Grants?
In fiscal year 2007, 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
2007, 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 its 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 2007 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 2007, 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 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
[[Page 1322]]
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 2007 beach season, the deadline for
states to submit these reports is January 31, 2008. EPA first
established this report submission deadline in the Federal Register
notice for the fiscal year 2003 grants (68 FR 15446, 15449 (March 31,
2003)).
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 first established this requirement in the Federal Register notice
for the fiscal year 2003 grants (68 FR 15446, 15447 (March 31, 2003)).
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 2007, the total available for BEACH Act grants is
expected to be $9,900,000 subject to the availability of funds. EPA
expects to award $9,850,000 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?
For fiscal year 2007, 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: (1) Beach season length, (2) beach miles, and (3)
beach use. As discussed in more detail below, EPA is reviewing the
allocation formula in an effort to improve it.
(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
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, 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 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 way to estimate beach miles available at
this time. EPA used the National Oceanic and Atmospheric Administration
(NOAA) publication, The Coastline of the United States, to quantify
shoreline miles. EPA is in the process of reviewing the appropriateness
of shoreline and beach miles data as factors in the allocation formula.
(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
[[Page 1323]]
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. EPA is reviewing the appropriateness of coastal county
population and beach use data as factors in the allocation formula.
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:
------------------------------------------------------------------------
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 2007, the total available for BEACH Act grants to States and
Territories is expected to be $9,850,000 million. This is an estimate
pending the Agency's fiscal year 2007 appropriation. EPA will announce
on its Web site any changes to the total amount available for BEACH Act
grants, at https://www.epa.gov/waterscience/beaches/grants/. 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
2007 is expected to be:
------------------------------------------------------------------------
The year 2007
allocation is
For the State or Territory of: expected to
be:
------------------------------------------------------------------------
Alabama................................................. $262,510
Alaska.................................................. $150,000
American Samoa.......................................... $302,200
California.............................................. $522,920
Connecticut............................................. $224,010
Delaware................................................ $211,040
Florida................................................. $534,700
Georgia................................................. $287,200
Guam.................................................... $302,680
Hawaii.................................................. $323,660
Illinois................................................ $244,120
Indiana................................................. $205,960
Louisiana............................................... $325,370
Maine................................................... $256,240
Maryland................................................ $271,150
Massachusetts........................................... $255,940
Michigan................................................ $280,610
Minnesota............................................... $204,390
Mississippi............................................. $257,720
New Hampshire........................................... $204,660
New Jersey.............................................. $279,870
New York................................................ $352,830
North Carolina.......................................... $303,920
Northern Marianas....................................... $303,430
Ohio.................................................... $224,300
Oregon.................................................. $229,570
Pennsylvania............................................ $223,150
Puerto Rico............................................. $329,240
Rhode Island............................................ $212,990
South Carolina.......................................... $297,940
Texas................................................... $385,180
U.S. Virgin Islands..................................... $303,270
Virginia................................................ $279,020
Washington.............................................. $272,250
Wisconsin............................................... $225,960
------------------------------------------------------------------------
In the Federal Register notice announcing the availability of
fiscal year 2006 grants EPA declared its intention to consider revising
the grant allocation formula (71 FR 1744, 1746 (January 11, 2006)). EPA
began this process on February 15, 2006, when it convened a State/EPA
workgroup to evaluate the current allocation formula. In order to
garner input from the widest available audience, EPA intends to propose
for broad input a revised allocation formula in calendar year 2008.
Although the planning for this proposal is still in the early stages,
EPA expects that one component of any revised allocation formula will
include an incentive to encourage more timely expenditure of grant
funds by individual States and Territories. EPA intends to consult
further with interested stakeholders before making any changes to
improve the allocation formula in the future. At this time, EPA expects
that any change would be implemented when EPA awards BEACH Act grants
for fiscal year 2010.
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 BEACH
Act grant recipient.
[[Page 1324]]
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 periods for implementation grants
awarded in fiscal year 2007 is one year.
Does EPA Require Matching Funds?
Recipients do not have to provide matching funds for BEACH Act
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 2007, 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 is consistent with 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 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, 2007. 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 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
[[Page 1325]]
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 4, 2007.
Michael Shapiro,
Acting Assistant Administrator for Water.
[FR Doc. E7-248 Filed 1-10-07; 8:45 am]
BILLING CODE 6560-50-P
