Beaches Environmental Assessment and Coastal Health Act, 1373-1379 [2010-260]
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of the decisional record, the prohibited
off-the-record communication will not
be considered by the Commission in
reaching its decision. Parties to a
proceeding may seek the opportunity to
respond to any facts or contentions
made in a prohibited off-the-record
communication, and may request that
the Commission place the prohibited
communication and responses thereto
in the decisional record. The
Commission will grant such a request
only when it determines that fairness so
requires. Any person identified below as
having made a prohibited off-the-record
communication shall serve the
document on all parties listed on the
official service list for the applicable
proceeding in accordance with Rule
2010, 18 CFR 385.2010.
Exempt off-the-record
communications are included in the
decisional record of the proceeding,
unless the communication was with a
cooperating agency as described by 40
CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
The following is a list of off-therecord communications recently
received by the Secretary of the
Docket No.
Commission. The communications
listed are grouped by docket numbers in
ascending order. These filings are
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in the Public Reference Room or may be
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Presenter or
requestor
File date
Prohibited
1.
2.
3.
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5.
IS10–56–000 .....................................................................................................................
Project 11858–000 ............................................................................................................
CP09–6–000, CP09–7–000 ...............................................................................................
CP09–6–000, CP09–7–000 ...............................................................................................
CP09–6–000, CP09–7–000 ...............................................................................................
12–22–09
12–23–09
12–17–09
12–17–09
12–17–09
Nash McMahan.
Larry Rannals.
John Hempton.
Linda Martin.
Paul Sansone.
12–23–09
12–23–09
12–23–09
12–14–09
12–8–09
12–23–09
12–22–09
12–8–09
12–8–09
Marron Dooney and Jim Miller.
Olivia Schmidt.
Chuck and Cindy Straughan.
Hon. Ron Wyden.
John G. Wadsworth.
Mark Aumann.1
Hon. Ron Kind.
John Baummer.2
John Baummer.3
Exempt
1.
2.
3.
4.
5.
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7.
8.
9.
CP09–6–000, CP09–7–000 ...............................................................................................
CP09–6–000, CP09–7–000 ...............................................................................................
CP09–6–000, CP09–7–000 ...............................................................................................
CP09–6–000 ......................................................................................................................
CP09–35–000 ....................................................................................................................
Project No. 3052–000 ........................................................................................................
Project No. 3052–000 ........................................................................................................
Project No. 13011–000 ......................................................................................................
Project No. 13011–000 ......................................................................................................
1 Record
of e-mail exchange.
of e-mail exchange with Gary Lowe, et al.
3 Record of e-mail exchange with Daniel Heacock.
2 Record
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–181 Filed 1–8–10; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[OW–FRL–9101–6]
Beaches Environmental Assessment
and Coastal Health Act
Environmental Protection
Agency (EPA).
ACTION: Notice of Availability of 2010
BEACH Act Grants.
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AGENCY:
SUMMARY: Section 406(b) of the Clean
Water Act (CWA) as amended by the
Beaches Environmental Assessment and
Coastal Health (BEACH) Act authorizes
EPA to award program development and
implementation grants to eligible States,
territories, Tribes, and local
governments to support microbiological
monitoring and public notification of
the potential for exposure to disease-
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causing microorganisms in coastal
recreation waters, including the Great
Lakes. EPA encourages coastal and
Great Lakes States and Tribes that have
received BEACH Act grants in the past
to apply for 2010 BEACH Act grants to
implement effective and comprehensive
coastal recreation water monitoring and
public notification programs
(‘‘implementation grants’’). EPA also
encourages eligible coastal and Great
Lakes Tribes to apply for 2010 BEACH
Act grants to develop effective and
comprehensive coastal recreation water
monitoring and public notification
programs (‘‘development grants’’).
DATES: States, Erie County,
Pennsylvania, and Tribes that
previously received BEACH Act grants
must submit applications on or before
March 12, 2010. Other eligible Tribes
should notify the relevant EPA Regional
BEACH Act grant coordinator of their
interest in applying for a grant on or
before February 25, 2010. Upon receipt
of a Tribe’s notice of interest, EPA will
establish an appropriate application
deadline.
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ADDRESSES: You must send your
application to the appropriate EPA
Regional grant coordinator listed in this
notice under Section VI, Grant
Coordinators.
FOR FURTHER INFORMATION CONTACT: Lars
Wilcut, 1200 Pennsylvania Ave., NW.,
(4305T), Washington, DC 20460.
Telephone: (202) 566–0447. E-mail:
wilcut.lars@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
What Is the BEACH Act?
The Beaches Environmental
Assessment and Coastal Health
(BEACH) Act of 2000 amends the Clean
Water Act to better protect public health
at our nation’s beaches through
improved water quality standards and
beach monitoring and notification
programs. The BEACH Act authorizes
EPA to award grants to develop and
implement monitoring and public
notification programs for coastal
recreation waters, consistent with EPA’s
required performance criteria. EPA
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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. Currently, all 37
eligible States and Tribes operate beach
monitoring and notification programs
using BEACH Act grant funds.
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 2010 Grants?
In fiscal year 2010, EPA intends to
award grants authorized under CWA
section 406(b) to eligible States and
Tribes 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 2010, 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 e-mail:
center.water-resource@epa.gov.)
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II. Funding and Eligibility
Who Is Eligible To Apply for BEACH Act
Grants?
Coastal and Great Lake States that
meet the requirements of CWA section
406(b)(2)(A) are eligible for grants in
fiscal year 2010 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. Tribes may also be eligible for
BEACH Act grants. In order to be
eligible, a Tribe must have coastal
recreation waters adjacent to beaches or
similar points of access that are used by
the public, and the Tribe must
demonstrate that it meets the ‘‘treatment
in the same manner as a State’’ criteria
in CWA section 518(e) for the purposes
of receiving a section 406 BEACH Act
grant.
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 has awarded 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 2010, EPA will
make $100,000 available 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
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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 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
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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.
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Third, as required by CWA section
406(b)(3)(A) 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 2010 beach
season, the deadline for States to submit
complete and correct reports is January
31, 2011. 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 those 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 2010, 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 to eligible Tribes. If EPA does
not award any grants to eligible Tribes,
EPA will redistribute the money to
eligible States using the base allocation
formula described below.
How Will the Funding for States Be
Allocated?
For fiscal year 2010, EPA expects to
award grants to all eligible States who
apply for funding based on a new grant
allocation formula that combines the
formula that the Agency originally
developed in 2002 (‘‘base allocation
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formula’’) with a new allocation formula
(the ‘‘supplemental allocation formula’’).
In an August 13, 2008, Federal Register
notice, EPA announced that it was
considering this change to the allocation
formula and that the Agency expected
that the change would be effective with
the award of the 2010 BEACH Act grants
(73 FR 47154). Because EPA developed
the supplemental formula with
substantial input from more than 25
States over a 12-month period and
received very few comments on that
notice, the Agency decided not to
reconvene the workgroup that discussed
changes to the formula. Instead, EPA
notified all the States receiving
implementation grants of the Agency’s
intention to proceed with the formula as
described in the August 13, 2008,
notice, with one change. The agency
reviewed State spending from 2001 to
2006, not to 2007 as incorrectly
described in the 2008 notice. This gives
States and territories a three-year
cushion to account for differences in the
way they fund their beach-related
activities consistent with the intention
stated in the notice. The base allocation
formula is used for the first $10 million
of BEACH Act grants and uses three
factors: (1) Beach season length, (2)
shoreline miles, and (3) coastal county
population. The supplemental
allocation formula uses two factors: (1)
Beach miles and (2) beach use.
What Is the Base Allocation Formula?
The base allocation formula sums
three parts. The first part varies with the
length of the beach season. This amount
is scaled in $50,000 increments from
$150,000 for States with the shortest
beach seasons to $300,000 for those
with the longest beach seasons. States
and territories with long seasons are
allotted two times the base amount of
grant funds as those with short beach
seasons (Table 1). The second part of the
formula allocates half of the total
remaining funds (i.e., what is left after
subtracting the total base amount) on
the basis of the ratio of shoreline miles
in a State or territory to the total length
of shoreline miles across the entire
United States. For example, if a State
has 4 percent of the total coastal and
Great Lakes shoreline, that State would
receive 4 percent of 50 percent (or 2
percent of 100 percent) of total funds
remaining after the Agency allotted the
base amount (i.e., part one of the
formula) to all States and territories. The
third part of the formula allocates the
remaining funds on the basis of the ratio
of coastal population in a State or
territory to the total coastal population.
For example, if a State has 2 percent of
the total coastal and Great Lakes
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population, that State would receive 2
percent of 50 percent (or 1 percent of
100 percent) of the total funds
remaining after the Agency allotted the
funds for the first two parts. The
following table summarizes the base
allocation formula:
TABLE 1—BEACH ACT GRANT BASE ALLOCATION FACTORS
For the factor—
The part of the allocation is—
Beach season length ...........
< 3 months: $150,000 (States and territories with a season < 3 months receive season-based funding only.)
3–4 months: $200,000.
5–6 months: $250,000.
> 6 months: $300,000.
50% of funds remaining after allocation of season-based funding.
50% of funds remaining after allocation of season-based funding.
Shoreline miles .....................
Coastal population ...............
How Have the Base Allocation Factors
Changed Since the FY 2009 BEACH Act
Grants Availability Notice?
In 2009 and earlier years EPA used
shoreline miles and coastal county
population as surrogates for beach miles
and beach use, respectively, in the
BEACH Act grant allocation formula.
Based on discussions with States
through the allocation formula
workgroup, beginning with the award of
fiscal 2010 grants, the Agency is using
shoreline miles and coastal county
population as factors in the base
allocation formula and not surrogates
for beach mileage and beach use. Both
factors provide a stable foundation for
States in determining the resources
available through BEACH Act grant
funding for their beach monitoring and
public notification programs. EPA is
making beach miles and beach use
factors in the supplemental allocation
formula.
How Are the Factors in the Base
Allocation Formula Quantified?
1. Beach Season Length
EPA selected beach season length as
a factor because it represents the
amount of time in a year when a
government would conduct its
monitoring and notification program.
The longer the beach season, the more
resources a government would need to
conduct monitoring and notification.
The Agency obtained the information on
the length of a beach season from
information collected through the
National Health Protection Survey of
Beaches (EPA 823–F–00–0003,
December 2000) for the States or
territories that submitted a completed
survey. However, because Alaska was
not included in the survey, EPA
estimated the beach season length for
Alaska on the basis of air and water
temperature, available information on
recreation activities. EPA then grouped
the States and territories into four
categories of beach season lengths as
shown in Table 2.
TABLE 2—DISTRIBUTION OF STATES BY BEACH SEASON CATEGORY
For beaches in—
The beach season category is—
Alaska ....................................................................................................................................................................
Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, Wisconsin.
Alabama, Georgia, Louisiana, Mississippi, North Carolina, South Carolina .........................................................
American Samoa, California, Florida, Guam, Hawaii, Northern Mariana, Puerto Rico, Texas, U.S. Virgin Islands.
< 3 months.
3–4 months.
2. Shoreline Miles
Shoreline miles data represent a
reasonable estimate of the geographic
extent over which a government would
be expected to conduct monitoring. EPA
used the National Oceanic and
Atmospheric Administration (NOAA)
publication, The Coastline of the United
States (NOAA/PA 71046), to quantify
shoreline miles.
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3. Coastal County Population
EPA presently uses the coastal
population of counties (from the 2000
Census data) to quantify the coastal
population that is wholly or partially
within the State’s or territory’s legallydefined coastal zone. EPA intends to use
data from the 2010 census when it
becomes available.
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What Is the Supplemental Allocation
Formula?
The supplemental allocation formula
is a formula for allocating funds beyond
those allocated using the base allocation
formula. The supplemental allocation
formula will be used only for two
purposes: (1) To allocate BEACH Act
grant funds (beyond the first $10
million) when the amount of funds
appropriated for BEACH Act grants for
a given fiscal year exceeds $10 million;
and (2) to reallocate BEACH Act grant
funds older than three years left unspent
by States and territories. To determine
the total amount of funds available for
reallocation, EPA explained in the
August 13, 2008, notice that it would
evaluate State and territorial spending
and reduce a State’s or territory’s 2010
grant award by an amount equal to the
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5–6 months.
9–12 months.
amount of unexpended funds more than
three years old. With today’s notice,
EPA is implementing the approach the
Agency outlined in the August 13, 2008,
notice for 2010 and future years.
The supplemental allocation formula
sums two parts: beach length and beach
use. Each part is weighted equally. The
first part of the formula allocates half of
the available funds on the basis of the
ratio of beach miles in a State or
territory to the total length of beach
miles across the entire United States.
The second part of the formula allocates
the other half of the available funds on
the basis of the ratio of beach use in a
State or territory to the total beach use
across the entire United States. For
2010, EPA expects the amount available
for the supplemental allocation formula
to be $63,674. Table 3 summarizes the
supplemental allocation formula:
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TABLE 3—BEACH ACT GRANT SUPPLEMENTAL ALLOCATION FACTORS
For the factor—
The part of the allocation is—
Beach miles ..........................
Beach use ............................
50% of funds available for the supplemental allocation formula.
50% of funds available for the supplemental allocation formula.
Why Is EPA Adding a Supplemental
Formula?
Over the last three years, EPA
reviewed the original BEACH Act grant
allocation formula and recognized
issues and some imbalance in the
allocation of grant funds among States
and territories. EPA sought input from
the States by having them participate in
a workgroup formed to review the
allocation formula. EPA and the State
workgroup subsequently identified and
reviewed a range of options for
improving the formula. The Agency
outlined this process in the Federal
Register notice published on August 13,
2008 (73 FR 47154).
EPA reviewed the data on the
allocation and expenditure of grant
funds and available options and
concluded that some modest changes to
how EPA allocates funds are
appropriate. Based on its review, EPA
has decided to make changes to the
grant allocation formula using an
incremental process, starting with
modest changes to address outstanding
needs. The first step in adjusting the
grant formula uses two approaches: (1)
Re-allocating older unused grant funds
and (2) making changes to the formula
elements that would be factored in for
any appropriated funds for BEACH Act
grants that exceed $10 million per fiscal
year.
How Are the Factors in the
Supplemental Allocation Formula
Quantified?
1. Beach Miles
EPA selected miles of beach as a
factor because it determines the
geographical extent over which a
government would conduct monitoring
if it monitored all its beaches. The more
miles of beaches, the more resources a
government would need to conduct
monitoring. EPA has completed quality
assurance testing of its beach mileage
data on all but six of the 37 BEACH Act
States and Tribes. For those States and
Tribes for which EPA does not have
data assessed for quality, the Agency
estimated the length of beach miles
based on data submitted by the affected
jurisdictions.
2. 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 used the 2001 NOAA
publication, Current Recreation Patterns
in Marine Recreation (Leeworthy, V.R.
and P.C. Wiley, 2001), to obtain data on
beach use in marine States. For Great
Lakes States and the territories EPA
How Does EPA Expect To Allocate 2010
BEACH Act Grant Funds?
For 2010, the total available for
BEACH Act grants is expected to be
$9,900,000. Two Tribes, the Grand
Portage Band of Chippewa (Minnesota)
and the Makah Indian Nation, are
expected to receive grants of $50,000
each, leaving $9,800,000 for grants to
States and territories, $63,674 of which
will be allocated using the supplemental
allocation formula. 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 2010
is expected to be:
The year 2010 allocation
is expected to be:
For the State or territory of:
srobinson on DSKHWCL6B1PROD with NOTICES
estimated beach use based on the ratio
of beach use to coastal county
population in marine States in similar
latitudes. This approach was first used
in America’s North Coast: A benefit-cost
analysis of a program to protect and
restore the Great Lakes, published in
2007 by the Great Lakes Coalition. EPA
continues to work with NOAA and the
United States Forest Service to survey
Great Lakes beach use for its next
update of the report, Current Recreation
Patterns in Marine Recreation. When
those data are available, EPA will use
that instead of its current estimates.
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 .................................................................................................................................
VerDate Nov<24>2008
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E:\FR\FM\11JAN1.SGM
$264,000
86,000
303,000
520,000
225,000
212,000
531,000
288,000
304,000
326,000
245,000
207,000
323,000
256,000
271,000
257,000
281,000
206,000
259,000
206,000
280,000
351,000
11JAN1
Portion of the total that
is the supplemental
allocation
$1,733
0
1,297
3,035
1,302
1,733
3,465
2,163
1,297
2,599
1,739
866
866
1,733
2,169
2,599
3,029
1,297
1,297
1,302
2,169
2,599
1378
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices
The year 2010 allocation
is expected to be:
For the State or territory of:
North Carolina ..........................................................................................................................
Northern Marianas ...................................................................................................................
Ohio .........................................................................................................................................
Oregon .....................................................................................................................................
Pennsylvania ............................................................................................................................
Puerto Rico ..............................................................................................................................
Rhode Island ............................................................................................................................
South Carolina .........................................................................................................................
Texas .......................................................................................................................................
U.S. Virgin Islands ...................................................................................................................
Virginia .....................................................................................................................................
Washington ..............................................................................................................................
Wisconsin .................................................................................................................................
What if a State Does Not Apply or Does
Not Qualify for Funding?
How Will the Funding for Tribes Be
Allocated?
EPA expects that all 35 States and
territories 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.
EPA expects to apportion the funds
set aside for Tribal grants evenly among
all eligible Tribes that apply for funding.
srobinson on DSKHWCL6B1PROD with NOTICES
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 its coastal recreation
water monitoring and notification
program. 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
according to the supplemental formula
described above.
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16:06 Jan 08, 2010
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What Is the Expected Duration of
Funding and Projects?
The expected funding and project
periods for implementation grants
awarded in fiscal year 2010 is one year.
Does EPA Require Matching Funds?
Recipients do not have to provide
matching funds for BEACH Act grants.
EPA may establish a match requirement
in the future based on a review of State
program activity and funding levels.
III. Eligible Activities
Recipients of implementation grants
may use funds for activities to support
implementing a beach monitoring and
notification program that is consistent
with the required performance criteria
for grants specified in the document,
National Beach Guidance and Required
Performance Criteria for Grants (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, Tribal,
and territorial 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.
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Portion of the total that
is the supplemental
allocation
305,000
304,000
225,000
230,000
224,000
330,000
215,000
299,000
386,000
304,000
278,000
272,000
227,000
2,599
866
1,302
1,727
1,302
1,739
2,163
2,599
2,599
866
1,733
2,157
1,733
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 2010, 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
a 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/
index.html. The Program Summary
should also describe the State or local
program’s objectives for the grant year.
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices
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 12, 2010. 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.
srobinson on DSKHWCL6B1PROD with NOTICES
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
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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, Washington DC
20460; T: 202–566–0405; F: 202–566–
0409; healy.richard@epa.gov.
Region 1—Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island
Matt Liebman, USEPA Region 1, One
Congress St. Suite 1100—COP,
Boston, MA 02114–2023; T: 617–918–
1626; F: 617–918–1505;
liebman.matt@epa.gov.
Region 2—New Jersey, New York, Puerto
Rico, U.S. Virgin Islands
Helen Grebe, USEPA Region 2, 2890
Woodbridge Ave. MS220, Edison, NJ
08837–3679; T: 732–321–6797; F:
732–321–6616; grebe.helen@epa.gov.
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1379
Region 3—Delaware, Maryland,
Pennsylvania, Virginia
Denise Hakowski, USEPA Region 3,
1650 Arch Street 3WP30,
Philadelphia, PA 19103–2029; T: 215–
814–5726; F: 215–814–2318;
hakowski.denise@epa.gov.
Region 4—Alabama, Florida, Georgia,
Mississippi, North Carolina, South
Carolina
Joel Hansel, USEPA Region 4, 61
Forsyth St. 15th Floor, Atlanta, GA
30303–3415; T: 404–562–9274; F:
404–562–9224; hansel.joel@epa.gov.
Region 5—Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin
Holly Wirick, USEPA Region 5, 77 West
Jackson Blvd. WT–16J, Chicago, IL
60604–3507; T: 312–353–6704; F:
312–886–0168;
wirick.holiday@epa.gov.
Region 6—Louisiana, Texas
Mike Schaub, USEPA Region 6, 1445
Ross Ave. 6WQ–EW, Dallas, TX
75202–2733; T: 214–665–7314; F:
214–665–6689; schaub.mike@epa.gov.
Region 9—American Samoa,
Commonwealth of the Northern
Mariana Islands, California, Guam,
Hawaii
Terry Fleming, USEPA Region 9, 75
Hawthorne St. WTR–2, San Francisco,
CA 94105; T: 415–972–3462; F: 415–
947–3537; fleming.terrence@epa.gov.
Region 10—Alaska, Oregon, Washington
Rob Pedersen, USEPA Region 10, 120
Sixth Ave. OW–134, Seattle, WA
98101; T: 206–553–1646; F: 206–553–
0165; pedersen.rob@epa.gov.
Dated: January 4, 2010.
Peter S. Silva,
Assistant Administrator for Water.
[FR Doc. 2010–260 Filed 1–8–10; 8:45 am]
BILLING CODE 6650–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9101–7]
Clean Air Act Advisory Committee
(CAAAC): Notice of Meeting
AGENCY: Environmental Protection
Agency.
ACTION: Notice of meeting.
SUMMARY: The Environmental Protection
Agency (EPA) established the Clean Air
Act Advisory Committee (CAAAC) on
November 19, 1990, to provide
independent advice and counsel to EPA
on policy issues associated with
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1373-1379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-260]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-9101-6]
Beaches Environmental Assessment and Coastal Health Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of 2010 BEACH Act Grants.
-----------------------------------------------------------------------
SUMMARY: Section 406(b) of the Clean Water Act (CWA) as amended by the
Beaches Environmental Assessment and Coastal Health (BEACH) Act
authorizes EPA to award program development and implementation grants
to eligible States, territories, Tribes, and local governments to
support microbiological monitoring and public notification of the
potential for exposure to disease-causing microorganisms in coastal
recreation waters, including the Great Lakes. EPA encourages coastal
and Great Lakes States and Tribes that have received BEACH Act grants
in the past to apply for 2010 BEACH Act grants to implement effective
and comprehensive coastal recreation water monitoring and public
notification programs (``implementation grants''). EPA also encourages
eligible coastal and Great Lakes Tribes to apply for 2010 BEACH Act
grants to develop effective and comprehensive coastal recreation water
monitoring and public notification programs (``development grants'').
DATES: States, Erie County, Pennsylvania, and Tribes that previously
received BEACH Act grants must submit applications on or before March
12, 2010. Other eligible Tribes should notify the relevant EPA Regional
BEACH Act grant coordinator of their interest in applying for a grant
on or before February 25, 2010. 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 Section VI,
Grant Coordinators.
FOR FURTHER INFORMATION CONTACT: Lars Wilcut, 1200 Pennsylvania Ave.,
NW., (4305T), Washington, DC 20460. Telephone: (202) 566-0447. E-mail:
wilcut.lars@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
What Is the BEACH Act?
The Beaches Environmental Assessment and Coastal Health (BEACH) Act
of 2000 amends the Clean Water Act to better protect public health at
our nation's beaches through improved water quality standards and beach
monitoring and notification programs. The BEACH Act authorizes EPA to
award grants to develop and implement monitoring and public
notification programs for coastal recreation waters, consistent with
EPA's required performance criteria. EPA
[[Page 1374]]
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. Currently, all 37 eligible States and Tribes
operate beach monitoring and notification programs using BEACH Act
grant funds.
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 2010 Grants?
In fiscal year 2010, EPA intends to award grants authorized under
CWA section 406(b) to eligible States and Tribes 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
2010, 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 e-mail: center.water-resource@epa.gov.)
II. Funding and Eligibility
Who Is Eligible To Apply for BEACH Act Grants?
Coastal and Great Lake States that meet the requirements of CWA
section 406(b)(2)(A) are eligible for grants in fiscal year 2010 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. Tribes may also be eligible for BEACH Act
grants. In order to be eligible, a Tribe must have coastal recreation
waters adjacent to beaches or similar points of access that are used by
the public, and the Tribe must demonstrate that it meets the
``treatment in the same manner as a State'' criteria in CWA section
518(e) for the purposes of receiving a section 406 BEACH Act grant.
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 has awarded 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 2010, EPA will make $100,000
available 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 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
[[Page 1375]]
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 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 2010 beach season, the deadline for
States to submit complete and correct reports is January 31, 2011. 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 those 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 2010, 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 to eligible Tribes. If EPA does not award any grants
to eligible Tribes, EPA will redistribute the money to eligible States
using the base allocation formula described below.
How Will the Funding for States Be Allocated?
For fiscal year 2010, EPA expects to award grants to all eligible
States who apply for funding based on a new grant allocation formula
that combines the formula that the Agency originally developed in 2002
(``base allocation formula'') with a new allocation formula (the
``supplemental allocation formula''). In an August 13, 2008, Federal
Register notice, EPA announced that it was considering this change to
the allocation formula and that the Agency expected that the change
would be effective with the award of the 2010 BEACH Act grants (73 FR
47154). Because EPA developed the supplemental formula with substantial
input from more than 25 States over a 12-month period and received very
few comments on that notice, the Agency decided not to reconvene the
workgroup that discussed changes to the formula. Instead, EPA notified
all the States receiving implementation grants of the Agency's
intention to proceed with the formula as described in the August 13,
2008, notice, with one change. The agency reviewed State spending from
2001 to 2006, not to 2007 as incorrectly described in the 2008 notice.
This gives States and territories a three-year cushion to account for
differences in the way they fund their beach-related activities
consistent with the intention stated in the notice. The base allocation
formula is used for the first $10 million of BEACH Act grants and uses
three factors: (1) Beach season length, (2) shoreline miles, and (3)
coastal county population. The supplemental allocation formula uses two
factors: (1) Beach miles and (2) beach use.
What Is the Base Allocation Formula?
The base allocation formula sums three parts. The first part varies
with the length of the beach season. This amount is scaled in $50,000
increments from $150,000 for States with the shortest beach seasons to
$300,000 for those with the longest beach seasons. States and
territories with long seasons are allotted two times the base amount of
grant funds as those with short beach seasons (Table 1). The second
part of the formula allocates half of the total remaining funds (i.e.,
what is left after subtracting the total base amount) on the basis of
the ratio of shoreline miles in a State or territory to the total
length of shoreline miles across the entire United States. For example,
if a State has 4 percent of the total coastal and Great Lakes
shoreline, that State would receive 4 percent of 50 percent (or 2
percent of 100 percent) of total funds remaining after the Agency
allotted the base amount (i.e., part one of the formula) to all States
and territories. The third part of the formula allocates the remaining
funds on the basis of the ratio of coastal population in a State or
territory to the total coastal population. For example, if a State has
2 percent of the total coastal and Great Lakes
[[Page 1376]]
population, that State would receive 2 percent of 50 percent (or 1
percent of 100 percent) of the total funds remaining after the Agency
allotted the funds for the first two parts. The following table
summarizes the base allocation formula:
Table 1--BEACH Act Grant Base Allocation Factors
------------------------------------------------------------------------
For the factor-- The part of the allocation is--
------------------------------------------------------------------------
Beach season length.......... < 3 months: $150,000 (States and
territories with a season < 3 months
receive season-based funding only.)
3-4 months: $200,000.
5-6 months: $250,000.
> 6 months: $300,000.
Shoreline miles.............. 50% of funds remaining after allocation
of season-based funding.
Coastal population........... 50% of funds remaining after allocation
of season-based funding.
------------------------------------------------------------------------
How Have the Base Allocation Factors Changed Since the FY 2009 BEACH
Act Grants Availability Notice?
In 2009 and earlier years EPA used shoreline miles and coastal
county population as surrogates for beach miles and beach use,
respectively, in the BEACH Act grant allocation formula. Based on
discussions with States through the allocation formula workgroup,
beginning with the award of fiscal 2010 grants, the Agency is using
shoreline miles and coastal county population as factors in the base
allocation formula and not surrogates for beach mileage and beach use.
Both factors provide a stable foundation for States in determining the
resources available through BEACH Act grant funding for their beach
monitoring and public notification programs. EPA is making beach miles
and beach use factors in the supplemental allocation formula.
How Are the Factors in the Base Allocation Formula Quantified?
1. Beach Season Length
EPA selected beach season length as a factor because it represents
the amount of time in a year when a government would conduct its
monitoring and notification program. The longer the beach season, the
more resources a government would need to conduct monitoring and
notification. The Agency obtained the information on the length of a
beach season from information collected through the National Health
Protection Survey of Beaches (EPA 823-F-00-0003, December 2000) for the
States or territories that submitted a completed survey. However,
because Alaska was not included in the survey, EPA estimated the beach
season length for Alaska on the basis of air and water temperature,
available information on recreation activities. EPA then grouped the
States and territories into four categories of beach season lengths as
shown in Table 2.
Table 2--Distribution of States by Beach Season Category
------------------------------------------------------------------------
For beaches in-- The beach season category is--
------------------------------------------------------------------------
Alaska....................... < 3 months.
Connecticut, Delaware, 3-4 months.
Illinois, Indiana, Maine,
Maryland, Massachusetts,
Michigan, Minnesota, New
Hampshire, New Jersey, New
York, Ohio, Oregon,
Pennsylvania, Rhode Island,
Virginia, Washington,
Wisconsin.
Alabama, Georgia, Louisiana, 5-6 months.
Mississippi, North Carolina,
South Carolina.
American Samoa, California, 9-12 months.
Florida, Guam, Hawaii,
Northern Mariana, Puerto
Rico, Texas, U.S. Virgin
Islands.
------------------------------------------------------------------------
2. Shoreline Miles
Shoreline miles data represent a reasonable estimate of the
geographic extent over which a government would be expected to conduct
monitoring. EPA used the National Oceanic and Atmospheric
Administration (NOAA) publication, The Coastline of the United States
(NOAA/PA 71046), to quantify shoreline miles.
3. Coastal County Population
EPA presently uses the coastal population of counties (from the
2000 Census data) to quantify the coastal population that is wholly or
partially within the State's or territory's legally-defined coastal
zone. EPA intends to use data from the 2010 census when it becomes
available.
What Is the Supplemental Allocation Formula?
The supplemental allocation formula is a formula for allocating
funds beyond those allocated using the base allocation formula. The
supplemental allocation formula will be used only for two purposes: (1)
To allocate BEACH Act grant funds (beyond the first $10 million) when
the amount of funds appropriated for BEACH Act grants for a given
fiscal year exceeds $10 million; and (2) to reallocate BEACH Act grant
funds older than three years left unspent by States and territories. To
determine the total amount of funds available for reallocation, EPA
explained in the August 13, 2008, notice that it would evaluate State
and territorial spending and reduce a State's or territory's 2010 grant
award by an amount equal to the amount of unexpended funds more than
three years old. With today's notice, EPA is implementing the approach
the Agency outlined in the August 13, 2008, notice for 2010 and future
years.
The supplemental allocation formula sums two parts: beach length
and beach use. Each part is weighted equally. The first part of the
formula allocates half of the available funds on the basis of the ratio
of beach miles in a State or territory to the total length of beach
miles across the entire United States. The second part of the formula
allocates the other half of the available funds on the basis of the
ratio of beach use in a State or territory to the total beach use
across the entire United States. For 2010, EPA expects the amount
available for the supplemental allocation formula to be $63,674. Table
3 summarizes the supplemental allocation formula:
[[Page 1377]]
Table 3--BEACH Act Grant Supplemental Allocation Factors
------------------------------------------------------------------------
For the factor-- The part of the allocation is--
------------------------------------------------------------------------
Beach miles.................. 50% of funds available for the
supplemental allocation formula.
Beach use.................... 50% of funds available for the
supplemental allocation formula.
------------------------------------------------------------------------
Why Is EPA Adding a Supplemental Formula?
Over the last three years, EPA reviewed the original BEACH Act
grant allocation formula and recognized issues and some imbalance in
the allocation of grant funds among States and territories. EPA sought
input from the States by having them participate in a workgroup formed
to review the allocation formula. EPA and the State workgroup
subsequently identified and reviewed a range of options for improving
the formula. The Agency outlined this process in the Federal Register
notice published on August 13, 2008 (73 FR 47154).
EPA reviewed the data on the allocation and expenditure of grant
funds and available options and concluded that some modest changes to
how EPA allocates funds are appropriate. Based on its review, EPA has
decided to make changes to the grant allocation formula using an
incremental process, starting with modest changes to address
outstanding needs. The first step in adjusting the grant formula uses
two approaches: (1) Re-allocating older unused grant funds and (2)
making changes to the formula elements that would be factored in for
any appropriated funds for BEACH Act grants that exceed $10 million per
fiscal year.
How Are the Factors in the Supplemental Allocation Formula Quantified?
1. Beach Miles
EPA selected miles of beach as a factor because it determines the
geographical extent over which a government would conduct monitoring if
it monitored all its beaches. The more miles of beaches, the more
resources a government would need to conduct monitoring. EPA has
completed quality assurance testing of its beach mileage data on all
but six of the 37 BEACH Act States and Tribes. For those States and
Tribes for which EPA does not have data assessed for quality, the
Agency estimated the length of beach miles based on data submitted by
the affected jurisdictions.
2. 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 used the 2001 NOAA
publication, Current Recreation Patterns in Marine Recreation
(Leeworthy, V.R. and P.C. Wiley, 2001), to obtain data on beach use in
marine States. For Great Lakes States and the territories EPA estimated
beach use based on the ratio of beach use to coastal county population
in marine States in similar latitudes. This approach was first used in
America's North Coast: A benefit-cost analysis of a program to protect
and restore the Great Lakes, published in 2007 by the Great Lakes
Coalition. EPA continues to work with NOAA and the United States Forest
Service to survey Great Lakes beach use for its next update of the
report, Current Recreation Patterns in Marine Recreation. When those
data are available, EPA will use that instead of its current estimates.
How Does EPA Expect To Allocate 2010 BEACH Act Grant Funds?
For 2010, the total available for BEACH Act grants is expected to
be $9,900,000. Two Tribes, the Grand Portage Band of Chippewa
(Minnesota) and the Makah Indian Nation, are expected to receive grants
of $50,000 each, leaving $9,800,000 for grants to States and
territories, $63,674 of which will be allocated using the supplemental
allocation formula. 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 2010 is expected to be:
----------------------------------------------------------------------------------------------------------------
Portion of the total
The year 2010 that is the
For the State or territory of: allocation is expected supplemental
to be: allocation
----------------------------------------------------------------------------------------------------------------
Alabama....................................................... $264,000 $1,733
Alaska........................................................ 86,000 0
American Samoa................................................ 303,000 1,297
California.................................................... 520,000 3,035
Connecticut................................................... 225,000 1,302
Delaware...................................................... 212,000 1,733
Florida....................................................... 531,000 3,465
Georgia....................................................... 288,000 2,163
Guam.......................................................... 304,000 1,297
Hawaii........................................................ 326,000 2,599
Illinois...................................................... 245,000 1,739
Indiana....................................................... 207,000 866
Louisiana..................................................... 323,000 866
Maine......................................................... 256,000 1,733
Maryland...................................................... 271,000 2,169
Massachusetts................................................. 257,000 2,599
Michigan...................................................... 281,000 3,029
Minnesota..................................................... 206,000 1,297
Mississippi................................................... 259,000 1,297
New Hampshire................................................. 206,000 1,302
New Jersey.................................................... 280,000 2,169
New York...................................................... 351,000 2,599
[[Page 1378]]
North Carolina................................................ 305,000 2,599
Northern Marianas............................................. 304,000 866
Ohio.......................................................... 225,000 1,302
Oregon........................................................ 230,000 1,727
Pennsylvania.................................................. 224,000 1,302
Puerto Rico................................................... 330,000 1,739
Rhode Island.................................................. 215,000 2,163
South Carolina................................................ 299,000 2,599
Texas......................................................... 386,000 2,599
U.S. Virgin Islands........................................... 304,000 866
Virginia...................................................... 278,000 1,733
Washington.................................................... 272,000 2,157
Wisconsin..................................................... 227,000 1,733
----------------------------------------------------------------------------------------------------------------
What if a State Does Not Apply or Does Not Qualify for Funding?
EPA expects that all 35 States and territories will apply for a
grant. If fewer than 35 States 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 its coastal recreation water monitoring and
notification program. 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
according to the supplemental formula described above.
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 2010 is one year.
Does EPA Require Matching Funds?
Recipients do not have to provide matching funds for BEACH Act
grants. EPA may establish a match requirement in the future based on a
review of State program activity and funding levels.
III. Eligible Activities
Recipients of implementation grants may use funds for activities to
support implementing a beach monitoring and notification program that
is consistent with the required performance criteria for grants
specified in the document, National Beach Guidance and Required
Performance Criteria for Grants (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, Tribal, and territorial 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 2010, 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 a 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 grant year.
[[Page 1379]]
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 12, 2010. 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, Washington DC
20460; T: 202-566-0405; F: 202-566-0409; healy.richard@epa.gov.
Region 1--Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island
Matt Liebman, USEPA Region 1, One Congress St. Suite 1100--COP, Boston,
MA 02114-2023; T: 617-918-1626; F: 617-918-1505; liebman.matt@epa.gov.
Region 2--New Jersey, New York, Puerto Rico, U.S. Virgin Islands
Helen Grebe, USEPA Region 2, 2890 Woodbridge Ave. MS220, Edison, NJ
08837-3679; T: 732-321-6797; F: 732-321-6616; grebe.helen@epa.gov.
Region 3--Delaware, Maryland, Pennsylvania, Virginia
Denise Hakowski, USEPA Region 3, 1650 Arch Street 3WP30, Philadelphia,
PA 19103-2029; T: 215-814-5726; F: 215-814-2318;
hakowski.denise@epa.gov.
Region 4--Alabama, Florida, Georgia, Mississippi, North Carolina, South
Carolina
Joel Hansel, USEPA Region 4, 61 Forsyth St. 15th Floor, Atlanta, GA
30303-3415; T: 404-562-9274; F: 404-562-9224; hansel.joel@epa.gov.
Region 5--Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Holly Wirick, USEPA Region 5, 77 West Jackson Blvd. WT-16J, Chicago, IL
60604-3507; T: 312-353-6704; F: 312-886-0168; wirick.holiday@epa.gov.
Region 6--Louisiana, Texas
Mike Schaub, USEPA Region 6, 1445 Ross Ave. 6WQ-EW, Dallas, TX 75202-
2733; T: 214-665-7314; F: 214-665-6689; schaub.mike@epa.gov.
Region 9--American Samoa, Commonwealth of the Northern Mariana Islands,
California, Guam, Hawaii
Terry Fleming, USEPA Region 9, 75 Hawthorne St. WTR-2, San Francisco,
CA 94105; T: 415-972-3462; F: 415-947-3537; fleming.terrence@epa.gov.
Region 10--Alaska, Oregon, Washington
Rob Pedersen, USEPA Region 10, 120 Sixth Ave. OW-134, Seattle, WA
98101; T: 206-553-1646; F: 206-553-0165; pedersen.rob@epa.gov.
Dated: January 4, 2010.
Peter S. Silva,
Assistant Administrator for Water.
[FR Doc. 2010-260 Filed 1-8-10; 8:45 am]
BILLING CODE 6650-50-P
