Beaches Environmental Assessment and Coastal Health Act, 2247-2252 [E8-443]
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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
F. Disclosure to Department of Justice
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the Agency is authorized
to appear, when:
1. The Agency, or any component
thereof;
2. Any employee of the Agency in his
or her official capacity;
3. Any employee of the Agency in his
or her individual capacity where the
Department of Justice or the Agency
have agreed to represent the employee;
or
4. The United States, if the Agency
determines that litigation is likely to
affect the Agency or any of its
components,
Is a party to litigation or has an interest
in such litigation, and the use of such
records by the Department of Justice or
the Agency is deemed by the Agency to
be relevant and necessary to the
litigation provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
G. Disclosure to the National Archives
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
ENVIRONMENTAL PROTECTION
AGENCY
J. Disclosure to the Office of Personnel
Management
AGENCY:
Information from this system of
records may be disclosed to the Office
of Personnel Management pursuant to
that agency’s responsibility for
evaluation and oversight of Federal
personnel management.
K. Disclosure in Connection With
Litigation
Information from this system of
records may be disclosed in connection
with litigation or settlement discussions
regarding claims by or against the
Agency, including public filing with a
court, to the extent that disclosure of the
information is relevant and necessary to
the litigation or discussions and except
where court orders are otherwise
required under section (b)(11) of the
Privacy Act of 1974, 5 U.S.C.
552a(b)(11).
Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
L. Disclosure to Persons or Entities in
Response to an Actual of Suspected
Compromise or Breach of Personally
Identifiable Information
H. Disclosure to Contractors, Grantees,
and Others
Information from this system of
records may be disclosed to appropriate
Federal, State, or local agencies, other
entities, and persons when it is
suspected or confirmed that: (1) The
security or confidentiality of
information in the system of records has
been compromised; (2) there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs that rely
upon the compromised information; and
(3) and those receiving the information
are reasonably necessary to assist with
the Agency’s efforts to respond to the
suspected or confirmed compromise
and to prevent, minimize, or remedy
any such harm.
Information may be disclosed to
contractors, grantees, consultants, or
volunteers performing or working on a
contract, service, grant, cooperative
agreement, job, or other activity for the
Agency and who have a need to have
access to the information in the
performance of their duties or activities
for the Agency. When appropriate,
recipients will be required to comply
with the requirements of the Privacy Act
of 1974 as provided in 5 U.S.C. 552a(m).
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I. Disclosures for Administrative Claims,
Complaints and Appeals
Information from this system of
records may be disclosed to an
authorized appeal grievance examiner,
formal complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
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Dated: January 4, 2008.
Molly A. O’Neill,
Assistant Administrator and Chief
Information Officer.
[FR Doc. E8–445 Filed 1–11–08; 8:45 am]
BILLING CODE 6560–50–P
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Beaches Environmental Assessment
and Coastal Health Act
Environmental Protection
Agency.
ACTION: Notice of Availability of 2008
BEACH Act Grants.
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 grants to eligible
States, Territories, Tribes, and local
governments to develop and implement
microbiological monitoring programs of
coastal recreation waters, including the
Great Lakes, which are adjacent to
beaches or similar points of access used
by the public. BEACH Act grants also
develop and implement programs to
notify the public of the potential
exposure to disease-causing
microorganisms in these 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 March
14, 2008. Eligible Tribes should notify
the relevant Regional BEACH Act grant
coordinator of their interest in applying
for a grant on or before February 28,
2008. 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:
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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 that
‘‘(T)he 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 2008 Grants?
In fiscal year 2008, 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 2008, 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).
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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 2008 to implement
monitoring and notification programs.
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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 2008, 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
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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—
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(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 2008 beach season, the
deadline for states to submit these
reports is January 31, 2009. 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 theFederal 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 and notification
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 2008, the total
available for BEACH Act grants is
expected to be $9,745,500. EPA expects
to award all but $50,000 to eligible
States and Territories for
implementation grants. EPA intends to
award the remaining $50,000 in
development grants to eligible Tribes. If
EPA does not award any grants to
eligible Tribes, EPA will redistribute the
money to eligible States and Territories
using the allocation formula described
below.
How Will the Funding for States and
Territories Be Allocated?
For fiscal year 2008, EPA expects to
award grants to all eligible States and
Territories who apply for funding based
on the allocation formula that the
Agency developed for awarding 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. The allocation
formula uses three factors: (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. ........................
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(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
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be used for the allocation formula at this
time. Therefore, 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 until
complete beach mile data become
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< 3 months.
3–4 months.
5–6 months.
9–12 months.
available. 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
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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 allocation formula sums the 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 across
the entire United States. 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 in the United States. 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 based on
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.
determined based on the ratio of shoreline miles in a State/Territory to the total length of shoreline miles across
the United States and is taken from 50% of funds remaining after allocation of season-based funding.
determined based on the ratio of coastal population in a State/Territory to the total coastal population in the United
States and is taken from 50% of funds remaining after allocation of season-based funding and funding based on
shoreline miles.
Shoreline miles ...................
Coastal population ..............
For 2008, the total available for
BEACH Act grants to States and
Territories is expected to be $9,695,500.
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 2008
is expected to be:
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For the State or Territory of:
The year 2008
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 ......................
$258,390
$147,650
$297,460
$514,720
$220,500
$207,730
$526,320
$282,700
$297,930
$318,590
$240,290
$202,730
$320,270
$252,220
$266,900
$251,930
$276,210
$201,190
$253,680
$201,450
$275,480
$347,300
$299,150
$298,670
$220,780
$225,970
$219,650
$324,080
$209,650
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For the State or Territory of:
Territory that EPA determines does not
have a program for monitoring and
notification that is consistent with
EPA’s grant performance criteria.
$293,270
$379,140 What If a State or Territory Cannot Use
$298,510
All of Its Allocation?
The year 2008
allocation is expected to be:
South Carolina ....................
Texas ..................................
U.S. Virgin Islands ..............
Virginia ................................
Washington .........................
Wisconsin ...........................
$274,650
$267,980
$222,420
What If a State Does Not Apply or Does
Not Qualify for Funding?
EPA expects that all 35 States and
Territories will apply for a grant. 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 and Territories 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) EPA may award program
implementation grants to local
governments in States and Territories
that the Agency determines have not
met the requirements for
implementation grants.
(3) Consistent with CWA Section
406(h), EPA will use the State’s and
Territory’s allocated funds to conduct a
beach monitoring and notification
program for beaches in any State and
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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 reallocation, 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.
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 2008 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.
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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 (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
Grant funds to develop and implement
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) which is
found at https://www.epa.gov/
waterscience/beaches/grants/guidance/
index.html. The Program Summary
should also describe the State or
Territory program’s objectives for the
next year.
States and Territories must submit
application packages to the appropriate
EPA Regional Office by March 14, 2008.
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 Is the Catalog of Federal Domestic
Assistance (CFDA) Number for the
BEACH Monitoring and Notification
Program Implementation Grants?
What Should a Tribe’s Notice of Interest
Contain?
The number assigned to the BEACH
Act Grants is 66.472, Program Code CU.
The Notice of Interest should include
the Tribe’s name and the name and
telephone number of a contact person.
Can BEACH Act Grant Funds Be
Included in a Performance Partnership
Grant?
For fiscal year 2008, BEACH Act
Grants cannot be included in a
Performance Partnership Grant.
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What Is the Application Process for
States and Territories?
Your application package should
contain completed:
• EPA SF–424 Application for
Federal Assistance, and
• Program Summary.
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
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Are Quality Assurance and Quality
Control (QA/QC) Required for
Application?
Yes. Three specific QA/QC
requirements must be met to comply
with EPA’s performance criteria for
grants:
(1) Applicants must submit
documentation that describes the
quality system implemented by the
State, Territory, 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).
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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 ends. Recipients
must also submit annual monitoring and
notification reports required 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 section 406(b). Allowable costs
will be determined according to the cost
principles outlined in 2 CFR Part 225.
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. Suite 1100—COP, Boston,
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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
MA 02114–2023; T: 617–918–1626; F:
617–918–1505; liebman.matt@epa.gov.
FEDERAL COMMUNICATIONS
COMMISSION
Region II—New Jersey, New York,
Puerto Rico, U.S. Virgin Islands
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
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
Mark Barath USEPA Region III, 1650
Arch Street, 3WP30, Philadelphia, PA
19103–2029; T: 215–814–2759; F: 215–
814–2318; barath.mark@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 7, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. E8–443 Filed 1–11–08; 8:45 am]
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BILLING CODE 6560–50–P
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January 4, 2008.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995 (PRA), 44 U.S.C. Sections
3501–3520. An agency may not conduct
or sponsor a collection of information
unless it displays a current valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid
control number. Comments are
requested concerning: (a) Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimate; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
DATES: Written PRA comments should
be submitted on or before March 14,
2008. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: You may submit all PRA
comments by e-mail or U.S. mail. To
submit your comments by e-mail, send
them to PRA@fcc.gov. To submit your
comments by U.S. mail, send them to
Leslie F. Smith, Federal
Communications Commission, Room 1–
C216, 445 12th Street, SW., Washington,
DC 20554, or via the Internet to
PRA@fcc.gov.
For
additional information about the
information collection(s), contact Leslie
F. Smith via the Internet at PRA@fcc.gov
or call (202) 418–0217.
OMB Control Number: 3060–0760.
Title: Access Charge Reform, CC
Docket No. 96–262 (First Report and
Order); Second Order on
Reconsideration and Memorandum
FOR FURTHER INFORMATION CONTACT:
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Opinion and Order, and Fifth Report
and Order.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 20 respondents; 20
responses.
Estimated Time per Response: 3–
1,575 hours.
Obligation to Respond: Required to
obtain or retain benefits.
Frequency of Response: On occasion
and one-time reporting requirements.
Total Annual Burden: 55,514 hours.
Total Annual Cost: $12,240.
Privacy Act Impact Assessment: No
impacts.
Nature of Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR Section
0.459 of the Commission’s rules.
Needs and Uses: On August 31, 2007,
the FCC released a Report and Order
and Memorandum Opinion and Order
(‘‘Order’’), Sunset of the BOC Separate
Affiliate and Related Requirements and
2000 Biennial Regulatory Review
Separate Affiliate Requirements, WC
Docket No. 02–112; CC Docket No. 00–
175, FCC 07–159, Pursuant to this
Order, respondents are no longer
required to comply with 47 U.S.C.
Section 272 structural safeguards. As
such, the respondents must now file
certifications with the Commission prior
to providing contract tariff services to
itself or to any affiliate that is neither a
section 272 nor a rule 64.1903 separate
affiliate for use in the provision of any
in-region, long distance services that it
provides service pursuant to that
contract tariff to an unaffiliated
customer. The certification requirement
will ensure, as a result of the relief
granted in this Order, equivalent
protection in the event the BOCs
provide in-region, long distance services
directly and will be less burdensome
and less costly for these providers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–459 Filed 1–11–08; 8:45 am]
BILLING CODE 6712–01–P
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[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2247-2252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-443]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-8516-1]
Beaches Environmental Assessment and Coastal Health Act
AGENCY: Environmental Protection Agency.
ACTION: Notice of Availability of 2008 BEACH Act Grants.
-----------------------------------------------------------------------
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 grants to eligible States,
Territories, Tribes, and local governments to develop and implement
microbiological monitoring programs of coastal recreation waters,
including the Great Lakes, which are adjacent to beaches or similar
points of access used by the public. BEACH Act grants also develop and
implement programs to notify the public of the potential exposure to
disease-causing microorganisms in these 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
March 14, 2008. Eligible Tribes should notify the relevant Regional
BEACH Act grant coordinator of their interest in applying for a grant
on or before February 28, 2008. 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:
[[Page 2248]]
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 that ``(T)he
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 2008 Grants?
In fiscal year 2008, 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
2008, 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 2008 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 2008, 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 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--
[[Page 2249]]
(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 2008 beach season, the deadline for
states to submit these reports is January 31, 2009. 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 theFederal 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 and notification
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 2008, the total available for BEACH Act grants is
expected to be $9,745,500. EPA expects to award all but $50,000 to
eligible States and Territories for implementation grants. EPA intends
to award the remaining $50,000 in development grants to eligible
Tribes. If EPA does not award any grants to eligible Tribes, EPA will
redistribute the money to eligible States and Territories using the
allocation formula described below.
How Will the Funding for States and Territories Be Allocated?
For fiscal year 2008, EPA expects to award grants to all eligible
States and Territories who apply for funding based on the allocation
formula that the Agency developed for awarding 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. The
allocation formula uses three factors: (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
For beaches in: category 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,
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 until complete beach mile data
become available. 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
[[Page 2250]]
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 allocation formula sums the 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 across the entire
United States. 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 in the United States. 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 based on the first two parts. The following table
summarizes the allocation formula:
------------------------------------------------------------------------
The part of the allocation
For the factor: 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........................... determined based on the
ratio of shoreline miles in
a State/Territory to the
total length of shoreline
miles across the United
States and is taken from
50% of funds remaining
after allocation of season-
based funding.
Coastal population........................ determined based on the
ratio of coastal population
in a State/Territory to the
total coastal population in
the United States and is
taken from 50% of funds
remaining after allocation
of season-based funding and
funding based on shoreline
miles.
------------------------------------------------------------------------
For 2008, the total available for BEACH Act grants to States and
Territories is expected to be $9,695,500. 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 2008 is expected to be:
------------------------------------------------------------------------
The year 2008
For the State or Territory of: allocation is
expected to be:
------------------------------------------------------------------------
Alabama................................................ $258,390
Alaska................................................. $147,650
American Samoa......................................... $297,460
California............................................. $514,720
Connecticut............................................ $220,500
Delaware............................................... $207,730
Florida................................................ $526,320
Georgia................................................ $282,700
Guam................................................... $297,930
Hawaii................................................. $318,590
Illinois............................................... $240,290
Indiana................................................ $202,730
Louisiana.............................................. $320,270
Maine.................................................. $252,220
Maryland............................................... $266,900
Massachusetts.......................................... $251,930
Michigan............................................... $276,210
Minnesota.............................................. $201,190
Mississippi............................................ $253,680
New Hampshire.......................................... $201,450
New Jersey............................................. $275,480
New York............................................... $347,300
North Carolina......................................... $299,150
Northern Marianas...................................... $298,670
Ohio................................................... $220,780
Oregon................................................. $225,970
Pennsylvania........................................... $219,650
Puerto Rico............................................ $324,080
Rhode Island........................................... $209,650
South Carolina......................................... $293,270
Texas.................................................. $379,140
U.S. Virgin Islands.................................... $298,510
Virginia............................................... $274,650
Washington............................................. $267,980
Wisconsin.............................................. $222,420
------------------------------------------------------------------------
What If a State Does Not Apply or Does Not Qualify for Funding?
EPA expects that all 35 States and Territories will apply for a
grant. 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 and Territories 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) EPA may award program implementation grants to local
governments in States and Territories that the Agency determines have
not met the requirements for implementation grants.
(3) Consistent with CWA Section 406(h), EPA will use the State's
and Territory's allocated funds to conduct a beach monitoring and
notification program for beaches in any State and Territory that EPA
determines does not have a program for monitoring and notification that
is consistent with EPA's grant performance criteria.
What If a State or Territory 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-allocation, 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.
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 2008 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.
[[Page 2251]]
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 (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 2008, 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, and
Program Summary.
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 and implement 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) which is found at https://www.epa.gov/waterscience/
beaches/grants/guidance/. The Program Summary should also
describe the State or Territory program's objectives for the next year.
States and Territories must submit application packages to the
appropriate EPA Regional Office by March 14, 2008. 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 Interest 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, Territory, 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 ends.
Recipients must also submit annual monitoring and notification reports
required 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 section 406(b). Allowable costs will be
determined according to the cost principles outlined in 2 CFR Part 225.
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. Suite 1100--COP,
Boston,
[[Page 2252]]
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
Mark Barath USEPA Region III, 1650 Arch Street, 3WP30,
Philadelphia, PA 19103-2029; T: 215-814-2759; F: 215-814-2318;
barath.mark@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 7, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. E8-443 Filed 1-11-08; 8:45 am]
BILLING CODE 6560-50-P
