Beaches Environmental Assessment and Coastal Health Act, 82382-82386 [2010-32926]
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
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Notice is hereby given that the
deadline for filing protests with regard
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authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is January 11,
2011.
The Commission encourages
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jlentini on DSKJ8SOYB1PROD with NOTICES
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–32837 Filed 12–29–10; 8:45 am]
BILLING CODE 6717–01–P
Regulation at (202) 502–8525 or send an
e-mail to ETariff@ferc.gov.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Kimberly D. Bose,
Secretary.
[Docket No. RM01–5–000]
[FR Doc. 2010–32843 Filed 12–29–10; 8:45 am]
Electronic Tariff Filings; Notice of
Technical Conference
BILLING CODE 6717–01–P
December 22, 2010.
ENVIRONMENTAL PROTECTION
AGENCY
Take notice that on January 21, 2011,
from 9 a.m. to 12 noon (EST), a
technical conference will be held to
discuss issues relating to the electronic
filing of tariff and tariff related materials
pursuant to Order No. 714.1 The
technical conference will cover the
following areas: (1) The addition to the
Type of Filing CSV file of the FERC
regulatory citation for each filing type as
used by the Commission’s eLibrary
Description for eTariff filings; (2) an
explanation and discussion of the
eTariff Viewer’s Export file format and
data elements which is being developed;
(3) a change in the description for Type
Of Filing Codes 1120 and 1150 from
‘‘Market-Based Rate Request and
Triennial Review’’ to ‘‘Market-Based
Rate Triennial Review’’, to become
effective January 24, 2011, in order to
make clear that these filing codes
should not be used for initial requests
for market based rates; and (4) a
discussion with FERC staff of lessons
learn since the implementation of
eTariff.
The technical conference is open to
the public. The conference will be held
at the Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. In addition, the
conference will be accessible via
telephone. Staff will post documents it
anticipates referencing during the
conference on the eTariff Web site to
make them accessible to those using the
telephone.
FERC conferences are accessible
under section 508 of the Rehabilitation
Act of 1973. For accessibility
accommodations please send an e-mail
to accessibility@ferc.gov or call toll free
(866) 208–3372 (voice) or (202) 502–
8659 (TTY), or send a fax to (202) 208–
2106 with the required
accommodations.
The telephone number for the
conference will be posted on https://
www.ferc.gov/docs-filing/etariff.asp and
an RSS alert of the posting will be
issued. No preregistration is required.
For more information, contact Keith
Pierce, Office of Energy Market
1 Electronic Tariff Filings, Order No. 714, 73 FR
57,515 (Oct. 3, 2008), 124 FERC ¶ 61,270, FERC
Stats. & Regs [Regulations Preambles] ¶ 31,276
(2008) (Sept. 19, 2008).
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[OW–FRL–9245–6]
Beaches Environmental Assessment
and Coastal Health Act
Environmental Protection
Agency (EPA).
ACTION: Notice of Availability of 2011
BEACH Act Grants.
AGENCY:
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 2011 BEACH Act grants to
implement effective coastal recreation
water monitoring and public
notification programs (‘‘implementation
grants’’). EPA also encourages eligible
tribes that have not previously received
BEACH Act grants to apply for 2011
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 February 28,
2011. 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 14, 2011. 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 VII, Grant
Coordinators.
FOR FURTHER INFORMATION CONTACT: Lars
Wilcut, 1200 Pennsylvania Ave., NW.,
(4305T), Washington, DC 20460.
SUMMARY:
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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
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.
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What is the statutory authority for
BEACH Act grants?
The general statutory authority for
BEACH Act grants is section 406(b) of
the Clean Water Act, as amended by the
BEACH Act, 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 2011 grants?
In fiscal year 2011, 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 2011, 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
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Guidance and Required Performance
Criteria for Grants (EPA–823–B–02–
004), on July 19, 2002. This document
can be found on EPA’s Web site at
https://water.epa.gov/grants_funding/
beachgrants/guidance_index.cfm.
Copies of the document may also be
obtained by writing, calling, or emailing: Office of Water Resource
Center, U.S. Environmental Protection
Agency, Mail Code RC–4100T, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. (Phone: 202–
566–1731 or e-mail: center.waterresource@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 2011 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.
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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 2011, 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)
identifies eligibility requirements for
implementation grants and CWA section
406(c) identifies conditions of receipt of
a monitoring and notification grant.
These requirements are discussed in the
National Beach Guidance and Required
Performance Criteria for Grants.
In addition, there are special reporting
requirements for BEACH Act grants. See
Section VI below.
How much funding is available?
For fiscal year 2011, the total
available for BEACH Act grants is
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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.
allocation formula that combines the
formula that the Agency originally
developed in 2002 (‘‘base allocation
formula’’) with a supplemental
allocation formula introduced with the
fiscal year 2010 grants (see 75 FR 1373,
January 11, 2010).
How will the funding for states be
allocated?
For 2011, the total available for
BEACH Act grants is expected to be
$9,900,000. Two tribes, the Grand
Portage Band of Lake Superior
Chippewa and the Makah Indian
For fiscal year 2011, EPA expects to
award grants to all eligible states who
apply for funding based on a grant
How does EPA expect to allocate 2011
BEACH Act grant funds?
Nation, are expected to receive grants of
$50,000 each (assuming no other grants
are awarded to other eligible tribes),
leaving $9,800,000 for grants to states
and territories, $205,280 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
allocation of the funds for year 2011 is
expected to be:
The year 2011 allocation is expected to be:
For the state or territory of:
Portion of the total
that is the supplemental allocation
$268,000
154,000
306,000
524,000
228,000
216,000
539,000
293,000
307,000
331,000
249,000
209,000
325,000
260,000
276,000
263,000
288,000
209,000
262,000
209,000
285,000
357,000
311,000
306,000
228,000
234,000
227,000
123,000
220,000
305,000
392,000
306,000
282,000
277,000
231,000
$5,628
4,183
4,183
9,888
4,260
5,628
11,257
6,997
4,183
8,443
5,705
2,814
2,814
5,628
7,074
8,443
9,811
4,183
4,183
4,260
7,074
8,443
8,443
2,814
4,260
5,551
4,260
0
6,997
8,443
8,443
2,814
5,628
6,920
5,628
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 .....................................................................................................................................................
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What if a state does not apply or does
not qualify for funding?
EPA expects that all 35 states and
territories will apply 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
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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
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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
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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 in the Federal Register notice
announcing the availability of the fiscal
year 2010 grants (75 FR 1373, January
11, 2010).
How will the funding for tribes be
allocated?
EPA expects to apportion the
$100,000 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 2011 is one year.
Does EPA require matching funds?
Recipients do not have to provide
matching funds for BEACH Act grants.
EPA retains the option to 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. EPA expects that
grantees will send a representative to
EPA’s National Beach Conference. Costs
for attending this conference will be
provided for in the grant agreement, if
necessary, in accordance with 2 CFR
part 225, Appendix B, Item 27.
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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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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 2011, 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 referenced 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://water.epa.gov/
grants_funding/beachgrants/
guidance_index.cfm.
The Program Summary should also
describe the state or local program’s
objectives for the grant year and target
dates and milestones for timely project
completion.
States, Erie County, and tribes that
have previously been awarded BEACH
Act grants must submit application
packages to the appropriate EPA
Regional Office by February 28, 2011.
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 VII for
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a list of EPA Regional Grant
Coordinators or visit the EPA Beaches
Web site at https://water.epa.gov/type/
oceb/beaches/contact.cfm.
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
applications?
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).
VI. Reporting Requirements and
Applicable Regulations
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.
There are also special reporting
requirements for BEACH Act grants.
First, state grant recipients must submit
to EPA 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
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standards are exceeded. (See CWA
section 406(b)(3)(A) and the National
Beach Guidance and Required
Performance Criteria for Grants.) Grant
recipients must submit to EPA the
monitoring and notification reports for
any beach season by January 31 of the
year following the beach season (68 FR
15446, 15449 (March 31, 2003)). For the
2011 beach season, the deadline for
states to submit complete and correct
reports is January 31, 2012.
In addition, 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,
and local governments may make to
their beach monitoring and notification
programs. States, tribes, and 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.
As new predictive tools and methods
of measuring water quality become more
widespread, the ability to provide
timely information to the public will
increase. Coupled with improvements to
the data submission process, it will be
easier for states and EPA to make
notification and water quality data
available to the public. Therefore, EPA
is considering requiring states to report
to EPA more frequently than annually in
the future. The Agency intends to
review state and federal agency
capabilities, resource constraints, and
the impact of more frequent reporting,
and make any necessary changes to the
appropriate section of the National
Beach Guidance and Performance
Criteria. Any such changes would not
affect reporting for the 2011 beach
season.
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What regulations 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.
VII. Grant Coordinators
Headquarters—Washington, DC
Lars Wilcut, USEPA, 1200
Pennsylvania Ave., NW.—4305,
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Washington, DC 20460; T: 202–566–
0447; F: 202–566–0409;
wilcut.lars@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
Region 1—Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island
[ER–FRL–8994–4]
Caitlyn Whittle, USEPA Region 1, 5
Post Office Square Suite 100 (OEP06–1),
Boston, MA 02109–3912; T: 617–918–
1748; F: 617–918–0748;
whittle.caitlyn@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.
Environmental Impacts Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–1399 or https://www.epa.gov/
compliance/nepa/.
Weekly receipt of Environmental Impact
Statements Filed 12/20/2010 Through
12/23/2010
Pursuant to 40 CFR 1506.9.
Notice
In accordance with Section 309(a) of
the Clean Air Act, EPA is required to
make its comments on EISs issued by
other Federal agencies public.
Historically, EPA met this mandate by
publishing weekly notices of availability
of EPA comments, which includes a
brief summary of EPA’s comment
letters, in the Federal Register. Since
February 2008, EPA has included its
comment letters on EISs on its Web site
at: https://www.epa.gov/compliance/
nepa/eisdata.html. Including the entire
EIS comment letters on the website
satisfies the Section 309(a) requirement
to make EPA’s comments on EISs
available to the public. Accordingly, on
March 31, 2010, EPA discontinued the
publication of the notice of availability
of EPA comments in the Federal
Register.
EIS No. 20100481, Draft EIS, FERC, CA,
Eagle Mountain Pumped Storage
Hydroelectric Project, Licensing
Application for Eagle Mountain Mine,
near the town of Desert Center,
Riverside County, CA, Comment
Period Ends: 02/14/2011, Contact:
Kenneth Hogan 202–502–8434.
Amended Notices
EIS No. 20100449, Draft EIS, USFS, MT,
Stillwater Mining Revised Water
Management Plans and BOE Ranch
LAD, Implementation, Stillwater and
Nye Counties, MT, Comment Period
Ends: 02/24/2011, Contact: Patrick
Pierson 406–657–6200 Ext. 213.
Revision to FR Notice Published 11/
26/2010: Extending Comment Period
from 01/10/2011 to 02/24/2011.
Dated: December 23, 2010.
Peter S. Silva,
Assistant Administrator for Water.
Dated: December 27, 2010.
Ken Mittelholtz,
Deputy Director, NEPA Compliance Division,
Office of Federal Activities.
[FR Doc. 2010–32926 Filed 12–29–10; 8:45 am]
[FR Doc. 2010–32976 Filed 12–29–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82382-82386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32926]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-9245-6]
Beaches Environmental Assessment and Coastal Health Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of 2011 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 2011 BEACH Act grants to implement effective
coastal recreation water monitoring and public notification programs
(``implementation grants''). EPA also encourages eligible tribes that
have not previously received BEACH Act grants to apply for 2011 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
February 28, 2011. 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 14, 2011. 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 VII,
Grant Coordinators.
FOR FURTHER INFORMATION CONTACT: Lars Wilcut, 1200 Pennsylvania Ave.,
NW., (4305T), Washington, DC 20460.
[[Page 82383]]
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 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 2011 grants?
In fiscal year 2011, 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
2011, 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. This document
can be found on EPA's Web site at https://water.epa.gov/grants_funding/beachgrants/guidance_index.cfm. 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-4100T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. (Phone: 202-566-1731 or
e-mail: center.water-resource@epa.gov).
II. Funding and Eligibility
Who is eligible to apply for 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 2011 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 2011, 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) identifies eligibility
requirements for implementation grants and CWA section 406(c)
identifies conditions of receipt of a monitoring and notification
grant. These requirements are discussed in the National Beach Guidance
and Required Performance Criteria for Grants.
In addition, there are special reporting requirements for BEACH Act
grants. See Section VI below.
How much funding is available?
For fiscal year 2011, the total available for BEACH Act grants is
[[Page 82384]]
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 2011, EPA expects to award grants to all eligible
states who apply for funding based on a grant allocation formula that
combines the formula that the Agency originally developed in 2002
(``base allocation formula'') with a supplemental allocation formula
introduced with the fiscal year 2010 grants (see 75 FR 1373, January
11, 2010).
How does EPA expect to allocate 2011 BEACH Act grant funds?
For 2011, the total available for BEACH Act grants is expected to
be $9,900,000. Two tribes, the Grand Portage Band of Lake Superior
Chippewa and the Makah Indian Nation, are expected to receive grants of
$50,000 each (assuming no other grants are awarded to other eligible
tribes), leaving $9,800,000 for grants to states and territories,
$205,280 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 allocation of the funds for
year 2011 is expected to be:
------------------------------------------------------------------------
Portion of the
The year 2011 total that is the
For the state or territory of: allocation is supplemental
expected to be: allocation
------------------------------------------------------------------------
Alabama........................... $268,000 $5,628
Alaska............................ 154,000 4,183
American Samoa.................... 306,000 4,183
California........................ 524,000 9,888
Connecticut....................... 228,000 4,260
Delaware.......................... 216,000 5,628
Florida........................... 539,000 11,257
Georgia........................... 293,000 6,997
Guam.............................. 307,000 4,183
Hawaii............................ 331,000 8,443
Illinois.......................... 249,000 5,705
Indiana........................... 209,000 2,814
Louisiana......................... 325,000 2,814
Maine............................. 260,000 5,628
Maryland.......................... 276,000 7,074
Massachusetts..................... 263,000 8,443
Michigan.......................... 288,000 9,811
Minnesota......................... 209,000 4,183
Mississippi....................... 262,000 4,183
New Hampshire..................... 209,000 4,260
New Jersey........................ 285,000 7,074
New York.......................... 357,000 8,443
North Carolina.................... 311,000 8,443
Northern Marianas................. 306,000 2,814
Ohio.............................. 228,000 4,260
Oregon............................ 234,000 5,551
Pennsylvania...................... 227,000 4,260
Puerto Rico....................... 123,000 0
Rhode Island...................... 220,000 6,997
South Carolina.................... 305,000 8,443
Texas............................. 392,000 8,443
U.S. Virgin Islands............... 306,000 2,814
Virginia.......................... 282,000 5,628
Washington........................ 277,000 6,920
Wisconsin......................... 231,000 5,628
------------------------------------------------------------------------
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
[[Page 82385]]
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 in
the Federal Register notice announcing the availability of the fiscal
year 2010 grants (75 FR 1373, January 11, 2010).
How will the funding for tribes be allocated?
EPA expects to apportion the $100,000 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 2011 is one year.
Does EPA require matching funds?
Recipients do not have to provide matching funds for BEACH Act
grants. EPA retains the option to 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. EPA
expects that grantees will send a representative to EPA's National
Beach Conference. Costs for attending this conference will be provided
for in the grant agreement, if necessary, in accordance with 2 CFR part
225, Appendix B, Item 27.
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 2011, 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 referenced 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://water.epa.gov/grants_funding/beachgrants/guidance_index.cfm.
The Program Summary should also describe the state or local
program's objectives for the grant year and target dates and milestones
for timely project completion.
States, Erie County, and tribes that have previously been awarded
BEACH Act grants must submit application packages to the appropriate
EPA Regional Office by February 28, 2011. 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 VII for a list of EPA Regional Grant Coordinators
or visit the EPA Beaches Web site at https://water.epa.gov/type/oceb/beaches/contact.cfm.
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
applications?
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).
VI. Reporting Requirements and Applicable Regulations
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.
There are also special reporting requirements for BEACH Act grants.
First, state grant recipients must submit to EPA 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
[[Page 82386]]
standards are exceeded. (See CWA section 406(b)(3)(A) and the National
Beach Guidance and Required Performance Criteria for Grants.) Grant
recipients must submit to EPA the monitoring and notification reports
for any beach season by January 31 of the year following the beach
season (68 FR 15446, 15449 (March 31, 2003)). For the 2011 beach
season, the deadline for states to submit complete and correct reports
is January 31, 2012.
In addition, 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, and
local governments may make to their beach monitoring and notification
programs. States, tribes, and 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.
As new predictive tools and methods of measuring water quality
become more widespread, the ability to provide timely information to
the public will increase. Coupled with improvements to the data
submission process, it will be easier for states and EPA to make
notification and water quality data available to the public. Therefore,
EPA is considering requiring states to report to EPA more frequently
than annually in the future. The Agency intends to review state and
federal agency capabilities, resource constraints, and the impact of
more frequent reporting, and make any necessary changes to the
appropriate section of the National Beach Guidance and Performance
Criteria. Any such changes would not affect reporting for the 2011
beach season.
What regulations 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.
VII. Grant Coordinators
Headquarters--Washington, DC
Lars Wilcut, USEPA, 1200 Pennsylvania Ave., NW.--4305, Washington,
DC 20460; T: 202-566-0447; F: 202-566-0409; wilcut.lars@epa.gov.
Region 1--Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island
Caitlyn Whittle, USEPA Region 1, 5 Post Office Square Suite 100
(OEP06-1), Boston, MA 02109-3912; T: 617-918-1748; F: 617-918-0748;
whittle.caitlyn@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: December 23, 2010.
Peter S. Silva,
Assistant Administrator for Water.
[FR Doc. 2010-32926 Filed 12-29-10; 8:45 am]
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