Beaches Environmental Assessment and Coastal Health Act, 4190-4195 [E9-1397]
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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.
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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
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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.
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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
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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).
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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
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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.
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How May Tribes Apply for BEACH Act
Development Grants and How Much
Funding Is Available for Tribes?
Section 518(e) of the CWA authorizes
EPA to treat eligible Indian Tribes in the
same manner as States for the purpose
of receiving CWA section 406 grant
funding. For fiscal year 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
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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.
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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
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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
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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.
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Shoreline
miles.
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< 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.
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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
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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.
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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
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18:32 Jan 22, 2009
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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.
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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]
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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
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Fmt 4703
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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
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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