Beaches Environmental Assessment and Coastal Health Act, 4190-4195 [E9-1397]

Download as PDF 4190 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices (iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. mstockstill on PROD1PC66 with NOTICES What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. What Information Collection Activity or ICR Does this Apply to? Affected entities: Entities potentially affected by this action are business and other for-profit, as well as State, Local, and Tribal governments. Title: Reporting Requirements Under EPA’s National Partnership For Environmental Priorities. ICR numbers: EPA ICR No. 2076.03, OMB Control No. 2050–0190. ICR status: This ICR is currently scheduled to expire on May 31, 2009. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: EPA currently has an ongoing national program that, through source reduction, reuse, and recycling, encourages a reduction in use or the minimization of release of hazardous chemicals. Participation in the National Partnership for Environmental Priorities (NPEP) (previously the National Waste Minimization Partnership Program) is completely voluntary. Participation begins when the Enrollment Form is submitted and accepted by EPA. The form asks for basic site identification information as well as information on the company’s chemical reduction goals under the program. Once in the program, partners will also have an opportunity to complete and submit a Success Story when they have accomplished steps toward reaching the goal(s) established during their enrollment in the program. The Success Story also serves as the application for the NPEP Achievement Award. These Success Stories will be available on EPA’s National Waste Minimization Program Web site. Each success story will describe a partner’s waste minimization techniques, implementation problems, lessons learned, benefits, and relevant implications. These forms will enable the Agency to establish a partner’s progress and the overall success of the program. They will also allow the Agency to recognize partner accomplishments in a formal manner, if appropriate (e.g., at a recognition ceremony or by congratulatory letter). Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 16 hours per response for the Enrollment Form and 9 hours per response for the Success Stories. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 163. Frequency of response: On occasion. Estimated total average number of responses for each respondent: 1. Estimated total annual burden hours: 642. Estimated total annual costs: $0. This includes an estimated burden cost of $0 capital investment and $0 maintenance and operational costs. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: January 9, 2009. Matt Hale, Director, Office of Solid Waste. [FR Doc. E9–1424 Filed 1–22–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [OW–FRL–8765–6] Beaches Environmental Assessment and Coastal Health Act AGENCY: Environmental Protection Agency. ACTION: Notice of Availability of 2009 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 programs for monitoring coastal recreation waters, including the Great Lakes, and notifying the public of the potential exposure to disease-causing E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices microorganisms in these waters. EPA encourages coastal and Great Lakes States to apply for BEACH Act grants to implement effective and comprehensive coastal recreation water monitoring and public notification programs (‘‘implementation grants’’). EPA also encourages coastal and Great Lakes Tribes to apply for BEACH Act grants to develop effective and comprehensive coastal recreation water monitoring and public notification programs (‘‘development grants’’). DATES: States, Erie County Pennsylvania, and those Tribes that previously received BEACH Act grants, must submit applications on or before March 24, 2009. Other eligible Tribes should notify the relevant EPA Regional BEACH Act grant coordinator of their interest in applying for a grant on or before March 9, 2009. Upon receipt of a Tribe’s notice of interest, EPA will establish an appropriate application deadline. You must send your application to the appropriate EPA 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: ADDRESSES: I. Grant Program What Is the Statutory Authority for BEACH Act Grants? The general statutory authority for BEACH Act grants is section 406(b) of the Clean Water Act, as amended by the BEACH Act, Public Law 106–284, 114 Stat. 970 (2000). It provides 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 and Tribes that meet certain requirements (see Section II, Funding and Eligibility, below for information on specific requirements). mstockstill on PROD1PC66 with NOTICES What Activities Are Eligible for Funding Under the FY 2009 Grants? In fiscal year 2009, EPA intends to award grants authorized under CWA section 406(b) to eligible States to support the implementation of coastal recreation water monitoring and public notification programs that are consistent with EPA’s required performance VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 criteria for implementation grants. Also in fiscal year 2009, 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 Resource Center, U.S. Environmental Protection Agency, Mail Code RC–4100, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (Phone: 202–566–1731 or email: 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 2009 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 July 19, 2003, 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. EPA awards an implementation grant to Erie County, Pennsylvania, the local government implementing the beach monitoring and notification program for all of Pennsylvania’s coastal recreation waters. Local governments may contact their EPA Regional office for further information about BEACH Act grants. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 4191 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 2009, EPA will make $100,000 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 CWA section 406 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 the 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 EPA 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 and Tribes? 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 E:\FR\FM\23JAN1.SGM 23JAN1 4192 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 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. mstockstill on PROD1PC66 with NOTICES Second, CWA section 406(c) requires that as a condition of receipt of a CWA section 406 grant, a State or local government program for monitoring and notification must identify: (1) Lists of coastal recreation waters in the State, including coastal recreation waters adjacent to beaches or similar points of access that are used by the public; (2) In the case of a State program for monitoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitoring and notification program; (3) The frequency and location of monitoring and assessment of coastal recreation waters based on— (A) The periods of recreational use of the waters; (B) The nature and extent of use during certain periods; (C) The proximity of the waters to known point sources and nonpoint sources of pollution; and (D) Any effect of storm events on the waters; (4)(A) the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human health; and (B) the assessment procedures for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (including increases in relation to storm events); (5) measures for prompt communication of the occurrence, nature, location, pollutants involved, and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for pathogens and pathogen indicators to— (A) the Administrator, in such form as the Administrator determines to be appropriate; and (B) a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which the failure to meet applicable standards is identified; (6) measures for the posting of signs at beaches or similar points of access, or functionally equivalent communication measures that are sufficient to give notice to the public that the coastal recreation waters are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators; and (7) measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 do not meet applicable water quality standards. Third, as required by CWA section 406(b)(3)(A) and the and the National Beach Guidance and Required Performance Criteria for Grants, recipients 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. Grant recipients 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 2009 beach season, the deadline for states to submit complete and correct reports is January 31, 2010. 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, grant recipients must 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, tribes or local governments may make to their beach monitoring and notification programs. States, tribes or local governments 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. allocation formula that the Agency developed for awarding BEACH Act grant funds in 2002. 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 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 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 Marianas, Puerto Rico, Texas, U.S. Virgin Islands. The beach season category is: <3 months. 3–4 months. 5–6 months. 9–12 months. How Much Funding Is Available? (2) Beach Miles For fiscal year 2009, the total available for BEACH Act grants is expected to be $9,900,000. EPA expects to award all but $100,000 to eligible States for implementation grants. EPA intends to award the remaining $100,000 in development grants to eligible Tribes. If EPA does not award any grants to eligible Tribes, EPA will redistribute the money to eligible States using the allocation formula described below. 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; however, 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) How Will the Funding for States Be Allocated? For fiscal year 2009, EPA expects to award grants to all eligible States who apply for funding based on the PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices publication, The Coastline of the United States, to quantify shoreline miles. For the factor: The part of the allocation is: (3) Beach Use 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. EPA selected beach use as a factor because it reflects the magnitude of potential human exposure to pathogens at recreational beaches. Greater use of beaches makes it more likely that a government would need to increase monitoring frequency due to the larger number of people potentially exposed to pathogens. EPA continues to use the coastal population of counties (based on the 2000 Census data) to quantify the coastal population that is wholly or partially within the State’s legallydefined 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 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 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 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. mstockstill on PROD1PC66 with NOTICES Shoreline miles. VerDate Nov<24>2008 < 3 months: $150,000 (States with a season <3 months receive seasonbased 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 seasonbased funding. 18:32 Jan 22, 2009 Jkt 217001 For 2009, the total available for BEACH Act grants to States is expected to be $9,800,000. Assuming all 35 States 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 2009 is expected to be: The year 2009 allocation is expected to be: For the State of: Alabama ................................ Alaska ................................... American Samoa .................. California ............................... Connecticut ........................... Delaware ............................... Florida ................................... Georgia ................................. Guam .................................... Hawaii ................................... Illinois .................................... Indiana .................................. Louisiana .............................. Maine .................................... Maryland ............................... Massachusetts ...................... Michigan ............................... Minnesota ............................. Mississippi ............................ New Hampshire .................... New Jersey ........................... New York .............................. North Carolina ...................... Northern Marianas ................ Ohio ...................................... Oregon .................................. Pennsylvania ........................ Puerto Rico ........................... Rhode Island ........................ South Carolina ...................... Texas .................................... U.S. Virgin Islands ................ Virginia .................................. Washington ........................... Wisconsin ............................. $262,000 150,000 302,000 517,000 223,000 211,000 528,000 286,000 303,000 323,000 243,000 206,000 322,000 255,000 269,000 254,000 278,000 204,000 257,000 205,000 278,000 348,000 302,000 303,000 224,000 229,000 222,000 328,000 213,000 297,000 383,000 303,000 277,000 270,000 225,000 How does the allocation described above relate to the August 13, 2008 Federal Register Notice regarding the Beach Grant Allocation Formula? On August 13, 2008, EPA published proposed changes to the allocation formula that the Agency expects to implement starting with the BEACH Act PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 4193 grants to be awarded in 2010 (73 FR 47154). Today’s notice announcing the availability of BEACH Act grants to be awarded in 2009 is not affected by the notice EPA published on August 13, 2008. What If a State Does Not Apply or Does Not Qualify for Funding? EPA expects that all 35 States will apply for a grant. If fewer than 35 States 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 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) EPA may award program implementation grants to local governments in States that the Agency determines have not met the requirements for implementation grants. (3) Consistent with CWA Section 406(h), EPA will use grant funds to conduct a beach monitoring and notification program in the case of a State that has no program for monitoring and notification that is consistent with EPA’s grant performance criteria. What If a State or Tribe Cannot Use All of Its Allocation? If a State or Tribe 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 2009 is one year. E:\FR\FM\23JAN1.SGM 23JAN1 4194 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 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 (EPA– 823–B–02–004). Recipients of development grants may use the funds to develop a beach monitoring and notification program consistent with the performance criteria. IV. Selection Process EPA Regional offices will award CWA section 406 grants through a noncompetitive process. EPA expects to award grants to all eligible State, Tribe, and Territory applicants that meet the applicable requirements described in this notice. Who Has the Authority To Award BEACH Act Grants? The Administrator has delegated the authority to award BEACH Act grants to the Regional Administrators. V. Application Procedure What Is the Catalog of Federal Domestic Assistance (CFDA) Number for the BEACH Monitoring and Notification Program Implementation Grants? The number assigned to the BEACH Act Grants is 66.472, Program Code CU. Can BEACH Act Grant Funds Be Included in a Performance Partnership Grant? For fiscal year 2009, BEACH Act Grants cannot be included in a Performance Partnership Grant. mstockstill on PROD1PC66 with NOTICES What Is the Application Process? 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 VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 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 or local government 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/ index.html. The Program Summary should also describe the State or local program’s objectives for the next year. States, Erie County, and Tribes that have previously been awarded BEACH Act grants must submit application packages to the appropriate EPA Regional Office by March 24, 2009. 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 Beaches 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 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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 under CWA section 406(b)(3)(A) and the National Beach Guidance and Required Performance Criteria for Grants, 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, E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices Washington, DC 20460; T: 202–566– 0405; F: 202–566–0409; healy.richard@epa.gov. ENVIRONMENTAL PROTECTION AGENCY Region I—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island Environmental Impacts Statements; Notice of Availability [ER–FRL–8589–7] Matt Liebman USEPA Region I, One Congress St., Suite 1100–COP, 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 Denise Hakowski USEPA Region III, 1650 Arch Street, 3WP30, Philadelphia, PA 19103–2029; T: 215–814–5726; F: 215–814–2318; hakowski.denise@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. mstockstill on PROD1PC66 with NOTICES 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 14, 2009. Benjamin H. Grumbles, Assistant Administrator for Water. [FR Doc. E9–1397 Filed 1–22–09; 8:45 am] BILLING CODE 6560–50–P VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 Responsible Agency: Office of Federal Activities, General Information (202) 564–7167 or https://www.epa.gov/ compliance/nepa/. Weekly receipt of Environmental Impact Statements Filed 01/12/2009 Through 01/16/2009 Pursuant to 40 CFR 1506.9. EIS No. 20090007, Draft EIS, BLM, CA, Carrizo Plain National Monument, Draft Resource Management Plan, Implementation, San Luis Obispo County and Portion of western Kern County, CA, Comment Period Ends: 04/22/2009, Contact: Katherine Worn 661–391–6067. EIS No. 20090008, Draft EIS, FHW, WY, Jackson South Project, Proposes to Improve Seven Miles of U.S. 26/89/ 189/191/, Funding and Right-of-Way Approval, Teton County, WY, Comment Period Ends: 03/09/2009, Contact: Lee Potter 307–772–2004 Ext. 146. EIS No. 20090009, Final EIS, AFS, WA, Republic Ranger Station Excess Residence Sale Project, Proposes to Sell a 0.72 Acre Parcel of Land with a Residential Building, Republic Ranger District, Colville National Forest, Ferry County, WA, Wait Period Ends: 02/23/2009, Contact: James L. Parker 509–775–7462. EIS No. 20090010, Draft EIS, USN, WA, Swimmer Interdiction Security System (SISS) Project, Construction and Operation, Naval Base Kitsap— Bangor, Silverdale, Kitsap County, WA, Comment Period Ends: 03/09/ 2009, Contact: Shannon Kasa 619– 553–3889. EIS No. 20090011, Draft EIS, SFW, CA, Tehachapi Uplands Multiple Species Habitat Conservation Plan (TUMSHCP), Propose Issuance of a 50–Year Incidental Take Permit for 27 Federal- and State-Listed and Unlisted Species, Kern County, CA, Comment Period Ends: 04/22/2009, Contact: Mary Grim 916–414–6464. EIS No. 20090012, Final EIS, NOA, 00, Proposed Acceptable Biological Catch (ABC) and Optimum Yield (OY) Specifications and Management Measures for the 2009–2010 Pacific Coast Groundfish Fishery Management Plan, Implementation, WA, OR and CA, Wait Period Ends: 02/23/2009, Contact: Robert Lohn 206–526–6150. EIS No. 20090013, Draft EIS, CGD, 00, Programmatic—Future of the U.S. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 4195 Coast Guard Long Range Aids to Navigation (LORAN–C) Program, Implementation, Comment Period Ends: 03/09/2009, Contact: CDR. Bob I. Feigenblatt 202–372–1558 EIS No. 20090014, Final EIS, NOA, OR, Bull Run Water Supply Habitat Conservation Plan, Application for and Incidental Take Permit to cover the Continued Operation and Maintenance, Sandy River Basin, City of Portland, OR, Wait Period Ends: 02/ 23/2009, Contact: D. Robert Lohn 301–713–1632. EIS No. 20090015, Final EIS, FHW, TN, TN–397 (Mack Hatcher Parkway Extension) Construction from US–31 (TN–6, Columbia Avenue) South of Franklin to US–341 (TN–106, Hillsboro Road) North of Franklin, Additional Information on the Build Alternative (Alternative G), Williamson County and City of Franklin, TN, Wait Period Ends: 02/ 23/2009, Contact: Bobby Blackmon 615–781–5770. Amended Notices EIS No. 20080460, Draft EIS, FHW, CO, I–70 East Project, Transportation Improvement from I–70 East from 1– 25 to Tower Road, Funding, City and County Denver, CO, Comment Period Ends: 03/31/2009, Contact: Chris Horn 720–963–3017. Revision to FR Notice Published 11/14/2008: Extending 12/31/2009 to 03/31/2009. EIS No. 20080470, Final EIS, FHW, VT, Middlebury Spur Project, Improvements to the Freight Transportation System in the Town of Middlebury in Addison County to the Town of Pittsford in Rutland County, VT, Wait Period Ends: 01/30/2009, Contact: Kenneth Sikora, Jr.802–828– 4573. Revision to FR Published 11/21/ 2008: Extending Wait Period from 12/ 23/2008 to 01/30/2009. EIS No. 20080538, Second Draft Supplement, NRC, VA, North Anna Power Station Unit 3, Combined License (COL) application for Construction and Operation a BasedLoad Nuclear Power Plant, (NUREG– 1917), in the Town of Mineral, Louisa County, VA, Comment Period Ends: 03/20/2009, Contact: Alicia Williamson 301–415–1878. Revision to FR Notice Published 01/02/2009: Extending Comment Period from 03/ 16/2009 to 03/20/2009. Dated: January 16, 2009. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. E9–1394 Filed 1–22–09; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4190-4195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1397]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-8765-6]


Beaches Environmental Assessment and Coastal Health Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of Availability of 2009 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 
programs for monitoring coastal recreation waters, including the Great 
Lakes, and notifying the public of the potential exposure to disease-
causing

[[Page 4191]]

microorganisms in these waters. EPA encourages coastal and Great Lakes 
States to apply for BEACH Act grants to implement effective and 
comprehensive coastal recreation water monitoring and public 
notification programs (``implementation grants''). EPA also encourages 
coastal and Great Lakes Tribes to apply for BEACH Act grants to develop 
effective and comprehensive coastal recreation water monitoring and 
public notification programs (``development grants'').

DATES: States, Erie County Pennsylvania, and those Tribes that 
previously received BEACH Act grants, must submit applications on or 
before March 24, 2009. Other eligible Tribes should notify the relevant 
EPA Regional BEACH Act grant coordinator of their interest in applying 
for a grant on or before March 9, 2009. 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 EPA 
Regional Grant Coordinator listed in this notice under SUPPLEMENTARY 
INFORMATION, Section VI.

FOR FURTHER INFORMATION CONTACT: Rich Healy, 1200 Pennsylvania Ave., 
NW., (4305T), Washington, DC 20460, 202-566-0405, 
healy.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Grant Program

What Is the Statutory Authority for BEACH Act Grants?

    The general statutory authority for BEACH Act grants is section 
406(b) of the Clean Water Act, as amended by the BEACH Act, Public Law 
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 and 
Tribes 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 2009 Grants?

    In fiscal year 2009, EPA intends to award grants authorized under 
CWA section 406(b) to eligible States 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 2009, 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 Resource 
Center, U.S. Environmental Protection Agency, Mail Code RC-4100, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. (Phone: 202-566-1731 or 
email: 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 2009 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 July 19, 2003, 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. EPA awards an implementation grant to 
Erie County, Pennsylvania, the local government implementing the beach 
monitoring and notification program for all of Pennsylvania's coastal 
recreation waters. 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 2009, EPA will make $100,000 
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 CWA section 406 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 the 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 EPA 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 and Tribes?

    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

[[Page 4192]]

used to prioritize the use of funds under clause (ii);
    (iv) The State or local government provides a list of discrete 
areas of coastal recreation waters that are subject to the program 
for monitoring and notification for which the grant is provided that 
specifies any coastal recreation waters for which fiscal constraints 
will prevent consistency with the performance criteria under CWA 
section 406(a); and
    (v) The public is provided an opportunity to review the program 
through a process that provides for public notice and an opportunity 
for comment.

    Second, CWA section 406(c) requires that as a condition of receipt 
of a CWA section 406 grant, a State or local government program for 
monitoring and notification must identify:

    (1) Lists of coastal recreation waters in the State, including 
coastal recreation waters adjacent to beaches or similar points of 
access that are used by the public;
    (2) In the case of a State program for monitoring and 
notification, the process by which the State may delegate to local 
governments responsibility for implementing the monitoring and 
notification program;
    (3) The frequency and location of monitoring and assessment of 
coastal recreation waters based on--
    (A) The periods of recreational use of the waters;
    (B) The nature and extent of use during certain periods;
    (C) The proximity of the waters to known point sources and 
nonpoint sources of pollution; and
    (D) Any effect of storm events on the waters;
    (4)(A) the methods to be used for detecting levels of pathogens 
and pathogen indicators that are harmful to human health; and
    (B) the assessment procedures for identifying short-term 
increases in pathogens and pathogen indicators that are harmful to 
human health in coastal recreation waters (including increases in 
relation to storm events);
    (5) measures for prompt communication of the occurrence, nature, 
location, pollutants involved, and extent of any exceeding of, or 
likelihood of exceeding, applicable water quality standards for 
pathogens and pathogen indicators to--
    (A) the Administrator, in such form as the Administrator 
determines to be appropriate; and
    (B) a designated official of a local government having 
jurisdiction over land adjoining the coastal recreation waters for 
which the failure to meet applicable standards is identified;
    (6) measures for the posting of signs at beaches or similar 
points of access, or functionally equivalent communication measures 
that are sufficient to give notice to the public that the coastal 
recreation waters are not meeting or are not expected to meet 
applicable water quality standards for pathogens and pathogen 
indicators; and
    (7) measures that inform the public of the potential risks 
associated with water contact activities in the coastal recreation 
waters that do not meet applicable water quality standards.
    Third, as required by CWA section 406(b)(3)(A) and the and the 
National Beach Guidance and Required Performance Criteria for Grants, 
recipients 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.

    Grant recipients 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 2009 beach season, the deadline for 
states to submit complete and correct reports is January 31, 2010. 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, grant recipients must 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, tribes or local governments may make to their beach monitoring 
and notification programs. States, tribes or local governments 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 2009, the total available for BEACH Act grants is 
expected to be $9,900,000. EPA expects to award all but $100,000 to 
eligible States for implementation grants. EPA intends to award the 
remaining $100,000 in development grants to eligible Tribes. If EPA 
does not award any grants to eligible Tribes, EPA will redistribute the 
money to eligible States using the allocation formula described below.

How Will the Funding for States Be Allocated?

    For fiscal year 2009, EPA expects to award grants to all eligible 
States who apply for funding based on the allocation formula that the 
Agency developed for awarding BEACH Act grant funds in 2002. 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 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 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 Marianas, 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; however, 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)

[[Page 4193]]

publication, The Coastline of the United States, to quantify shoreline 
miles.
(3) Beach Use
    EPA selected beach use as a factor because it reflects the 
magnitude of potential human exposure to pathogens at recreational 
beaches. Greater use of beaches makes it more likely that a government 
would need to increase monitoring frequency due to the larger number of 
people potentially exposed to pathogens. EPA continues to use the 
coastal population of counties (based on the 2000 Census data) to 
quantify the coastal population that is wholly or partially within the 
State's 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 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 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 
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
                                          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 2009, the total available for BEACH Act grants to States is 
expected to be $9,800,000. Assuming all 35 States 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 2009 is expected to be:

------------------------------------------------------------------------
                                                           The year 2009
                                                           allocation is
                    For the State of:                       expected to
                                                                be:
------------------------------------------------------------------------
Alabama.................................................        $262,000
Alaska..................................................         150,000
American Samoa..........................................         302,000
California..............................................         517,000
Connecticut.............................................         223,000
Delaware................................................         211,000
Florida.................................................         528,000
Georgia.................................................         286,000
Guam....................................................         303,000
Hawaii..................................................         323,000
Illinois................................................         243,000
Indiana.................................................         206,000
Louisiana...............................................         322,000
Maine...................................................         255,000
Maryland................................................         269,000
Massachusetts...........................................         254,000
Michigan................................................         278,000
Minnesota...............................................         204,000
Mississippi.............................................         257,000
New Hampshire...........................................         205,000
New Jersey..............................................         278,000
New York................................................         348,000
North Carolina..........................................         302,000
Northern Marianas.......................................         303,000
Ohio....................................................         224,000
Oregon..................................................         229,000
Pennsylvania............................................         222,000
Puerto Rico.............................................         328,000
Rhode Island............................................         213,000
South Carolina..........................................         297,000
Texas...................................................         383,000
U.S. Virgin Islands.....................................         303,000
Virginia................................................         277,000
Washington..............................................         270,000
Wisconsin...............................................         225,000
------------------------------------------------------------------------

How does the allocation described above relate to the August 13, 2008 
Federal Register Notice regarding the Beach Grant Allocation Formula?

    On August 13, 2008, EPA published proposed changes to the 
allocation formula that the Agency expects to implement starting with 
the BEACH Act grants to be awarded in 2010 (73 FR 47154). Today's 
notice announcing the availability of BEACH Act grants to be awarded in 
2009 is not affected by the notice EPA published on August 13, 2008.

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

    EPA expects that all 35 States will apply for a grant. If fewer 
than 35 States 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 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) EPA may award program implementation grants to local 
governments in States that the Agency determines have not met the 
requirements for implementation grants.
    (3) Consistent with CWA Section 406(h), EPA will use grant funds to 
conduct a beach monitoring and notification program in the case of a 
State that has no program for monitoring and notification that is 
consistent with EPA's grant performance criteria.

What If a State or Tribe Cannot Use All of Its Allocation?

    If a State or Tribe 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 2009 is one year.

[[Page 4194]]

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 (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 2009, BEACH Act Grants cannot be included in a 
Performance Partnership Grant.

What Is the Application Process?

    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 or local government 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 local program's 
objectives for the next year.
    States, Erie County, and Tribes that have previously been awarded 
BEACH Act grants must submit application packages to the appropriate 
EPA Regional Office by March 24, 2009. 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 Beaches 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 under CWA section 406(b)(3)(A) 
and the National Beach Guidance and Required Performance Criteria for 
Grants, 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,

[[Page 4195]]

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, 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

    Denise Hakowski USEPA Region III, 1650 Arch Street, 3WP30, 
Philadelphia, PA 19103-2029; T: 215-814-5726; F: 215-814-2318; 
hakowski.denise@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 14, 2009.
Benjamin H. Grumbles,
Assistant Administrator for Water.
 [FR Doc. E9-1397 Filed 1-22-09; 8:45 am]
BILLING CODE 6560-50-P
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