Beaches Environmental Assessment and Coastal Health Act; Availability of BEACH Act Grants, 5793-5797 [2012-2607]

Download as PDF Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES forth in the pro forma Open Access Transmission Tariff (OATT). As the Commission receives similar proposals in the future, staff anticipates that questions of customer access to capacity for such cost-based projects will arise. In resolving these questions, staff also anticipates that the nature of the transmission developer may be relevant, with potential distinctions made between incumbent public utility transmission providers and nonincumbent transmission developers.7 With regard to incumbent public utility transmission providers, staff seeks comment regarding whether it would be appropriate for the Commission to adopt a policy requiring such entities to use service request and transmission planning rules contained in their OATTs for the development of all new transmission facilities. With regard to nonincumbent transmission developers, staff seeks comment on whether it would be appropriate for the Commission to adopt a policy requiring such entities to allocate capacity on new cost-based, participant-funded projects pursuant to an open season, similar to the development of merchant transmission projects.8 In evaluating whether these would be appropriate actions for the Commission, participants are encouraged to consider the following questions: 1. Would it be appropriate for the Commission to distinguish for this purpose between incumbent public utility transmission providers and nonincumbent transmission developers, given that the former have a set of rules in place to govern the processing of service requests and planning of grid expansion, while the latter do not? 2. Is requiring incumbent public utility transmission providers to use the service request and transmission planning rules contained in their OATTs when allocating capacity on cost-based, participant-funded lines necessary to ensure transparent planning of transmission expansion? 3. Would requiring incumbent public utility transmission providers to use the service request and transmission 7 Nonincumbent transmission developers include a transmission developer that does not currently have a retail distribution service territory or footprint as well as public utility transmission providers proposing transmission projects outside of their existing retail distribution service territory or footprint. A similar distinction was made in Order No. 1000. Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities, Order No. 1000, 136 FERC ¶ 61,051 at P 225 (2011). 8 In the alternative, the nonincumbent transmission developer could use the service request and transmission planning rules of the pro forma OATT to allocate capacity on a project, even where the developer is not yet a public utility. VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 planning rules contained in their OATTs when allocating capacity on cost-based, participant-funded lines undermine the ability of some projects to succeed? If so, how? 4. Is requiring nonincumbent transmission developers to allocate capacity on cost-based, participantfunded projects through an open season necessary to ensure that such developers have sufficient information to make appropriate sizing decisions and avoid undue discrimination among customers? 5. Would requiring nonincumbent transmission developers to allocate capacity on cost-based, participantfunded projects through an open season undermine the ability of some projects to succeed? If so, how? 6. For purposes of allocating capacity on cost-based, participant-funded projects, would it be appropriate for the Commission to treat a nonincumbent transmission developer as an incumbent public utility transmission provider once it energizes transmission facilities? 1–1:15 p.m. Wrap-Up [FR Doc. 2012–2575 Filed 2–3–12; 8:45 am] BILLING CODE 6717–01–P 5793 notification programs (‘‘development grants’’). This notice announces the availability of BEACH Act grants for fiscal year 2012 and also describes the requirements associated with the receipt of BEACH Act grants for fiscal year 2012 and future years, if funds are appropriated by Congress. DATES: States, Erie County, Pennsylvania, and tribes that previously received BEACH Act grants must submit applications for fiscal year 2012 grants on or before April 6, 2012. Other eligible tribes should notify the relevant EPA Regional BEACH Act grant coordinator of their interest in applying for a grant on or before March 22, 2012. 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. Lars Wilcut, 1200 Pennsylvania Ave. NW., (4305T), Washington, DC 20460. Telephone: (202) 566–0447. Email: wilcut.lars@epa.gov FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION AGENCY [OW–FRL–9627–4] Beaches Environmental Assessment and Coastal Health Act; Availability of BEACH Act Grants Environmental Protection Agency (EPA). ACTION: Notice of availability. 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 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 BEACH Act grants to develop effective and comprehensive coastal recreation water monitoring and public SUMMARY: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 I. Background What are BEACH Act Grants? The Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000 amends the Clean Water Act (CWA) to better protect public health at our nation’s beaches through improved water quality standards and beach monitoring and notification programs. The BEACH Act added Section 406 to the CWA to authorize EPA to award grants to develop and implement monitoring and public notification programs for coastal recreation waters. Currently, 34 states, two tribes, and one local government (Erie County, Pennsylvania) operate beach monitoring and notification programs using BEACH Act grant funds. What is the statutory authority for BEACH Act Grants and what are the performance criteria? 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, E:\FR\FM\06FEN1.SGM 06FEN1 5794 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 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 more comprehensive information on specific requirements). One of those requirements is that the program be ‘‘consistent with the performance criteria published by the Administrator’’ pursuant to CWA Section 406(a). EPA’s current version of the performance criteria was published on July 19, 2002 and is titled National Beach Guidance and Required Performance Criteria for Grants (EPA–823–B–02–004). 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://water.epa.gov/grants_ funding/beachgrants/. 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–4100, 1200 Pennsylvania Avenue NW., Washington, DC 20460. (Phone: (202) 566–1731 or email: center.water-resource@epa.gov). mstockstill on DSK4VPTVN1PROD with NOTICES To what years does the information in this notice apply? The information in this notice, including the description of the grant requirements and conditions, apply to grants awarded in FY 2012 and subsequent years, if funds are appropriated by Congress. EPA no longer intends to publish an annual Federal Register notice announcing the availability of BEACH Act grants. Instead, EPA headquarters intends to send a memorandum to the regional offices to communicate the amount of funds available for BEACH Act grants and the resulting allocations using EPA’s existing allocation formula. EPA regional offices will communicate directly with the states, local government grant recipients, and any potentially eligible tribes in their region. In subsequent years, if EPA makes any changes to grant requirements or conditions, or the allocation formula, EPA expects those changes would be communicated directly to eligible grantees through a notice in the Federal Register and/or other means. What activities are eligible for funding under the grants? In fiscal year 2012 and subsequent years, EPA intends to award grants authorized under CWA section 406(b) to eligible states, tribes, and local governments to support the implementation of coastal recreation water quality monitoring and public VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 notification programs that are consistent with EPA’s required performance criteria for implementation grants. Also in fiscal year 2012 and subsequent years, EPA intends to award development grants to eligible tribes to support the development of coastal recreation water monitoring and public notification programs that would meet the eligibility requirements for implementation grants described in Section 406(b)(2)(A)(i)–(v). Activities in support of the development of monitoring and notification programs for coastal recreation waters consistent with those requirements and the implementation of programs consistent with EPA’s Performance Criteria are eligible for funding under the grants. The term ‘‘coastal recreation waters’’ is defined in Section 502(21)(A) of the Clean Water Act to include 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 or waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea.’’ (CWA Section 502(21)(B)). 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 the applicable fiscal year to implement monitoring and notification programs for their coastal recreation waters. 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 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 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, how much funding is available for tribes, and how can a tribe demonstrate that it meets the ‘‘Treatment in the Same Manner as a State’’ Criteria in CWA Section 518(e)? Section 518(e) of the CWA authorizes EPA to award BEACH Act grants to eligible Indian tribes. For fiscal year 2012, EPA will make $150,000 available to eligible tribes. Funding in subsequent years will depend on the total amount available, the number of tribes applying, and the amounts requested by individual 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. 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 grant recipients? 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: E:\FR\FM\06FEN1.SGM 06FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices (i) The program is consistent with the performance criteria published by the Administrator under CWA section 406(a); (ii) The state or local government prioritizes the use of grant funds for particular coastal recreation waters based on the use of the water and the risk to human health presented by pathogens or pathogen indicators; (iii) The state or local government makes available to the Administrator the factors used to prioritize the use of funds under clause (ii); (iv) The state or local government provides a list of discrete areas of coastal recreation waters that are subject to the program for monitoring and notification for which the grant is provided that specifies any coastal recreation waters for which fiscal constraints will prevent consistency with the performance criteria under CWA section 406(a); and (v) The public is provided an opportunity to review the program through a process that provides for public notice and an opportunity for comment. Second, CWA section 406(c) requires that as a condition of receipt of a CWA section 406 grant, a state or local government program for monitoring and notification must identify: (1) Lists of coastal recreation waters in the state, including coastal recreation waters adjacent to beaches or similar points of access that are used by the public; (2) In the case of a state program for monitoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitoring and notification program; (3) The frequency and location of monitoring and assessment of coastal recreation waters based on— (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, VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 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; 1 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 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 2012 beach season, the deadline for states to submit complete and correct reports is January 31, 2013. 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 1 EPA established in its National Beach Guidance and Required Performance Criteria for Grants (EPA–823–B–02–004) specific requirements and recommendations associated with measures for prompt notification to EPA and local governments (see Chapter 5). PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 5795 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 the extent of their beaches or similar points of access, and the extent of their beaches that are monitored. How much funding is available? For fiscal year 2012, the total available for BEACH Act grants is expected to be $9,864,000. EPA expects to award all but $150,000 to eligible states and local governments for implementation grants. EPA intends to award the remaining $150,000 to eligible tribes. How will the funding for States be allocated? For fiscal year 2012 and subsequent years, EPA expects to award grants to 34 eligible states and one local government (Erie County, PA) based on a grant allocation formula that combines the formula that the Agency originally developed in 2002 and first announced in the Federal Register on March 31, 2003 (the ‘‘base allocation formula’’) (see 68 FR 15446) with a supplemental allocation formula introduced with the fiscal year 2010 grants (see 75 FR 1373, January 11, 2010). The base allocation formula considers three factors: (1) The length of the beach season; (2) shoreline miles; and (3) coastal county population. EPA is reviewing the latest coastal county population information from the 2010 census to determine which of several datasets is the most appropriate to use in the allocation formula for future years. For fiscal year 2012 grants, EPA continued to use coastal county population from the 2000 Census in its allocation formula. How does EPA expect to allocate 2012 BEACH Act Grant funds? For 2012, the total available for BEACH Act grants is expected to be $9,864,000. EPA has set aside $150,000 for eligible tribes, leaving $9,714,000 for grants to states and territories. Assuming 34 states and Erie County, Pennsylvania 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 fiscal year 2012 is expected to be: For the state or territory of: Alabama ...................................... E:\FR\FM\06FEN1.SGM 06FEN1 The year 2012 allocation is expected to be: $262,000 5796 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices The year 2012 allocation is expected to be: For the state or territory of: mstockstill on DSK4VPTVN1PROD with NOTICES 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 (Erie County) ........ Puerto Rico ................................. Rhode Island .............................. South Carolina ............................ Texas .......................................... U.S. Virgin Islands ...................... Virginia ........................................ Washington ................................. Wisconsin ................................... 150,000 302,000 506,000 222,000 210,000 516,000 284,000 302,000 322,000 241,000 205,000 316,000 252,000 266,000 252,000 274,000 204,000 257,000 204,000 274,000 341,000 300,000 303,000 222,000 227,000 221,000 327,000 212,000 294,000 379,000 303,000 273,000 267,000 224,000 What if a state does not apply or does not qualify for funding? EPA expects that 34 eligible states and one local government (Erie County, Pennsylvania) will apply for a grant in fiscal year 2012. If fewer than the previously eligible entities apply for the allocated amount in a given year, or if any applicant fails to meet the statutory eligibility requirements (or the statutory conditions applicable to previously awarded section 406 grants), EPA will allocate available grant funds to previously eligible states and local governments in the following order: (1) States and local governments that have already been awarded grants that continue to 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 additional local governments in states that the Agency determines no longer meet the requirements for implementation grants. 3) Consistent with CWA section 406(h), EPA will use grant funds to VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 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 grantee cannot use all of its allocation? If a grant recipient 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. 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 local government 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. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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? 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://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, along with 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 April 6, 2012. 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 E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices a list of EPA Regional Grant Coordinators or visit the EPA Beaches Web site at https://water.epa.gov/type/ oceb/beaches/whereyoulive_state.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. mstockstill on DSK4VPTVN1PROD 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 part 31, the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR 31.40 and 31.41). As required by Section 31.40, the annual performance report includes a comparison of actual accomplishments to the objectives established for the year and the reason for any slippage if established objectives were not met. It should also describe 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. The contents of these reports are described in the National Beach Guidance and VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 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. These annual monitoring and notification reports required to be submitted by States to EPA under CWA section 406(b)(3)(A) and by all grant recipients under 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 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. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 5797 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 Daniel Reid, USEPA Region 6, 1445 Ross Ave. 6WQ–EA, Dallas, TX 75202– 2733; T: (214) 665–6536; F: (214) 665– 6689; reid.daniel@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 30, 2012. Nancy K. Stoner, Acting Assistant Administrator for Water. [FR Doc. 2012–2607 Filed 2–3–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9627–2; EPA–HQ–ORD–2011–0738] Draft Toxicological Review of Vanadium Pentoxide: In Support of Summary Information on the Integrated Risk Information System (IRIS) Environmental Protection Agency (EPA). ACTION: Notice of peer review meeting. AGENCY: EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer review meeting to review the draft human health assessment titled, ‘‘Toxicological Review of Vanadium Pentoxide: In Support of Summary Information on the Integrated Risk Information System (IRIS)’’ (EPA/ 635/R–11/004A). The draft assessment SUMMARY: E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5793-5797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2607]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-9627-4]


Beaches Environmental Assessment and Coastal Health Act; 
Availability of BEACH Act Grants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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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 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 BEACH Act grants 
to develop effective and comprehensive coastal recreation water 
monitoring and public notification programs (``development grants''). 
This notice announces the availability of BEACH Act grants for fiscal 
year 2012 and also describes the requirements associated with the 
receipt of BEACH Act grants for fiscal year 2012 and future years, if 
funds are appropriated by Congress.

DATES: States, Erie County, Pennsylvania, and tribes that previously 
received BEACH Act grants must submit applications for fiscal year 2012 
grants on or before April 6, 2012. Other eligible tribes should notify 
the relevant EPA Regional BEACH Act grant coordinator of their interest 
in applying for a grant on or before March 22, 2012. 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. Email: 
wilcut.lars@epa.gov

SUPPLEMENTARY INFORMATION:

I. Background

What are BEACH Act Grants?

    The Beaches Environmental Assessment and Coastal Health (BEACH) Act 
of 2000 amends the Clean Water Act (CWA) to better protect public 
health at our nation's beaches through improved water quality standards 
and beach monitoring and notification programs. The BEACH Act added 
Section 406 to the CWA to authorize EPA to award grants to develop and 
implement monitoring and public notification programs for coastal 
recreation waters. Currently, 34 states, two tribes, and one local 
government (Erie County, Pennsylvania) operate beach monitoring and 
notification programs using BEACH Act grant funds.

What is the statutory authority for BEACH Act Grants and what are the 
performance criteria?

    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,

[[Page 5794]]

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 more comprehensive information on 
specific requirements). One of those requirements is that the program 
be ``consistent with the performance criteria published by the 
Administrator'' pursuant to CWA Section 406(a). EPA's current version 
of the performance criteria was published on July 19, 2002 and is 
titled National Beach Guidance and Required Performance Criteria for 
Grants (EPA-823-B-02-004). 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://water.epa.gov/grants_funding/beachgrants/. 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-4100, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. (Phone: (202) 566-1731 
or email: center.water-resource@epa.gov).

To what years does the information in this notice apply?

    The information in this notice, including the description of the 
grant requirements and conditions, apply to grants awarded in FY 2012 
and subsequent years, if funds are appropriated by Congress. EPA no 
longer intends to publish an annual Federal Register notice announcing 
the availability of BEACH Act grants. Instead, EPA headquarters intends 
to send a memorandum to the regional offices to communicate the amount 
of funds available for BEACH Act grants and the resulting allocations 
using EPA's existing allocation formula. EPA regional offices will 
communicate directly with the states, local government grant 
recipients, and any potentially eligible tribes in their region. In 
subsequent years, if EPA makes any changes to grant requirements or 
conditions, or the allocation formula, EPA expects those changes would 
be communicated directly to eligible grantees through a notice in the 
Federal Register and/or other means.

What activities are eligible for funding under the grants?

    In fiscal year 2012 and subsequent years, EPA intends to award 
grants authorized under CWA section 406(b) to eligible states, tribes, 
and local governments to support the implementation of coastal 
recreation water quality monitoring and public notification programs 
that are consistent with EPA's required performance criteria for 
implementation grants. Also in fiscal year 2012 and subsequent years, 
EPA intends to award development grants to eligible tribes to support 
the development of coastal recreation water monitoring and public 
notification programs that would meet the eligibility requirements for 
implementation grants described in Section 406(b)(2)(A)(i)-(v). 
Activities in support of the development of monitoring and notification 
programs for coastal recreation waters consistent with those 
requirements and the implementation of programs consistent with EPA's 
Performance Criteria are eligible for funding under the grants. The 
term ``coastal recreation waters'' is defined in Section 502(21)(A) of 
the Clean Water Act to include 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 or waters upstream of the mouth of a river or stream 
having an unimpaired natural connection with the open sea.'' (CWA 
Section 502(21)(B)).

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 the applicable fiscal 
year to implement monitoring and notification programs for their 
coastal recreation waters. 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, how much funding 
is available for tribes, and how can a tribe demonstrate that it meets 
the ``Treatment in the Same Manner as a State'' Criteria in CWA Section 
518(e)?

    Section 518(e) of the CWA authorizes EPA to award BEACH Act grants 
to eligible Indian tribes. For fiscal year 2012, EPA will make $150,000 
available to eligible tribes. Funding in subsequent years will depend 
on the total amount available, the number of tribes applying, and the 
amounts requested by individual 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. 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 grant recipients?

    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:

[[Page 5795]]

    (i) The program is consistent with the performance criteria 
published by the Administrator under CWA section 406(a);
    (ii) The state or local government prioritizes the use of grant 
funds for particular coastal recreation waters based on the use of the 
water and the risk to human health presented by pathogens or pathogen 
indicators;
    (iii) The state or local government makes available to the 
Administrator the factors used to prioritize the use of funds under 
clause (ii);
    (iv) The state or local government provides a list of discrete 
areas of coastal recreation waters that are subject to the program for 
monitoring and notification for which the grant is provided that 
specifies any coastal recreation waters for which fiscal constraints 
will prevent consistency with the performance criteria under CWA 
section 406(a); and
    (v) The public is provided an opportunity to review the program 
through a process that provides for public notice and an opportunity 
for comment.
    Second, CWA section 406(c) requires that as a condition of receipt 
of a CWA section 406 grant, a state or local government program for 
monitoring and notification must identify:
    (1) Lists of coastal recreation waters in the state, including 
coastal recreation waters adjacent to beaches or similar points of 
access that are used by the public;
    (2) In the case of a state program for monitoring and notification, 
the process by which the State may delegate to local governments 
responsibility for implementing the monitoring and notification 
program;
    (3) The frequency and location of monitoring and assessment of 
coastal recreation waters based on--
    (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; \1\ and
---------------------------------------------------------------------------

    \1\ EPA established in its National Beach Guidance and Required 
Performance Criteria for Grants (EPA-823-B-02-004) specific 
requirements and recommendations associated with measures for prompt 
notification to EPA and local governments (see Chapter 5).
---------------------------------------------------------------------------

    (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 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 2012 beach season, the deadline for 
states to submit complete and correct reports is January 31, 2013. 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 the extent of their beaches or similar 
points of access, and the extent of their beaches that are monitored.

How much funding is available?

    For fiscal year 2012, the total available for BEACH Act grants is 
expected to be $9,864,000. EPA expects to award all but $150,000 to 
eligible states and local governments for implementation grants. EPA 
intends to award the remaining $150,000 to eligible tribes.

How will the funding for States be allocated?

    For fiscal year 2012 and subsequent years, EPA expects to award 
grants to 34 eligible states and one local government (Erie County, PA) 
based on a grant allocation formula that combines the formula that the 
Agency originally developed in 2002 and first announced in the Federal 
Register on March 31, 2003 (the ``base allocation formula'') (see 68 FR 
15446) with a supplemental allocation formula introduced with the 
fiscal year 2010 grants (see 75 FR 1373, January 11, 2010). The base 
allocation formula considers three factors: (1) The length of the beach 
season; (2) shoreline miles; and (3) coastal county population. EPA is 
reviewing the latest coastal county population information from the 
2010 census to determine which of several datasets is the most 
appropriate to use in the allocation formula for future years. For 
fiscal year 2012 grants, EPA continued to use coastal county population 
from the 2000 Census in its allocation formula.

How does EPA expect to allocate 2012 BEACH Act Grant funds?

    For 2012, the total available for BEACH Act grants is expected to 
be $9,864,000. EPA has set aside $150,000 for eligible tribes, leaving 
$9,714,000 for grants to states and territories. Assuming 34 states and 
Erie County, Pennsylvania 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 fiscal year 2012 is expected to be:

------------------------------------------------------------------------
                                                               The year
                                                                 2012
                                                              allocation
               For the state or territory of:                     is
                                                               expected
                                                                to be:
------------------------------------------------------------------------
Alabama.....................................................    $262,000

[[Page 5796]]

 
Alaska......................................................     150,000
American Samoa..............................................     302,000
California..................................................     506,000
Connecticut.................................................     222,000
Delaware....................................................     210,000
Florida.....................................................     516,000
Georgia.....................................................     284,000
Guam........................................................     302,000
Hawaii......................................................     322,000
Illinois....................................................     241,000
Indiana.....................................................     205,000
Louisiana...................................................     316,000
Maine.......................................................     252,000
Maryland....................................................     266,000
Massachusetts...............................................     252,000
Michigan....................................................     274,000
Minnesota...................................................     204,000
Mississippi.................................................     257,000
New Hampshire...............................................     204,000
New Jersey..................................................     274,000
New York....................................................     341,000
North Carolina..............................................     300,000
Northern Marianas...........................................     303,000
Ohio........................................................     222,000
Oregon......................................................     227,000
Pennsylvania (Erie County)..................................     221,000
Puerto Rico.................................................     327,000
Rhode Island................................................     212,000
South Carolina..............................................     294,000
Texas.......................................................     379,000
U.S. Virgin Islands.........................................     303,000
Virginia....................................................     273,000
Washington..................................................     267,000
Wisconsin...................................................     224,000
------------------------------------------------------------------------

What if a state does not apply or does not qualify for funding?

    EPA expects that 34 eligible states and one local government (Erie 
County, Pennsylvania) will apply for a grant in fiscal year 2012. If 
fewer than the previously eligible entities apply for the allocated 
amount in a given year, or if any applicant fails to meet the statutory 
eligibility requirements (or the statutory conditions applicable to 
previously awarded section 406 grants), EPA will allocate available 
grant funds to previously eligible states and local governments in the 
following order:
    (1) States and local governments that have already been awarded 
grants that continue to 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 additional local 
governments in states that the Agency determines no longer meet 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 grantee cannot use all of its allocation?

    If a grant recipient 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.

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 local government 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?

    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://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, along with 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 April 6, 2012. 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

[[Page 5797]]

a list of EPA Regional Grant Coordinators or visit the EPA Beaches Web 
site at https://water.epa.gov/type/oceb/beaches/whereyoulive_state.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 
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 part 31, the Uniform Administrative 
Requirements for Grants and Cooperative Agreements to State and Local 
Governments (40 CFR 31.40 and 31.41). As required by Section 31.40, the 
annual performance report includes a comparison of actual 
accomplishments to the objectives established for the year and the 
reason for any slippage if established objectives were not met. It 
should also describe 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. The contents of these reports are described in 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. These annual monitoring and notification reports required to be 
submitted by States to EPA under CWA section 406(b)(3)(A) and by all 
grant recipients under 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

    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

    Daniel Reid, USEPA Region 6, 1445 Ross Ave. 6WQ-EA, Dallas, TX 
75202-2733; T: (214) 665-6536; F: (214) 665-6689; reid.daniel@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 30, 2012.
Nancy K. Stoner,
Acting Assistant Administrator for Water.
[FR Doc. 2012-2607 Filed 2-3-12; 8:45 am]
BILLING CODE 6560-50-P
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