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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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