Beaches Environmental Assessment and Coastal Health Act
[Federal Register: May 30, 2001 (Volume 66, Number 104)]
[Notices]
[Page 29308-29310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my01-49]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-6987-2]
Beaches Environmental Assessment and Coastal Health Act
AGENCY: Environmental Protection Agency.
ACTION: Notice of Availability of Grants for Development of Coastal
Recreation Water Monitoring and Public Notification Under the Beaches
Environmental Assessment and Coastal Health Act.
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SUMMARY: The Beaches Environmental Assessment and Coastal Health Act
(BEACH Act) signed into law on October 10, 2000, amends the Clean Water
Act (CWA) to reduce the risk of disease to users of the Nation's
recreational waters. The BEACH Act authorizes the U.S. Environmental
Protection Agency (EPA) to award program development and implementation
grants to eligible States, Territories, Tribes, and local governments
to support microbiological testing and monitoring of coastal recreation
waters, including the Great Lakes, that are adjacent to beaches or
similar points of access used by the public. BEACH Act grants also
provide support for development and implementation of programs to
notify the public of the potential exposure to disease-causing
microorganisms in coastal recreation waters. EPA is now encouraging
coastal States and Territories to apply for BEACH Act Grants for
Program Development (referred to as Development Grants) to develop
effective and comprehensive coastal recreation water monitoring and
public notification programs.
DATES: Submit your application on or before July 30, 2001.
ADDRESSES: You must send your application to the appropriate Regional
Grant Coordinator listed in this notice under SUPPLEMENTARY INFORMATION
section VII.
FOR FURTHER INFORMATION CONTACT: Charles Kovatch, 202-260-3754.
SUPPLEMENTARY INFORMATION:
I. Grant Program
What Is the Statutory Authority for the Development Grants?
The statutory authority for BEACH grants section 406(b) of the
Clean Water Act as amended by the BEACH Act, Public Law 106-284, 114
Stat. 970 (2000). It provides in part: ``The 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.''
What Activities Are Eligible for Funding Under the Development Grants
in Fiscal Year 2001?
In Fiscal Year 2001, EPA intends to award grants authorized under
the BEACH Act to support the development of coastal recreation water
monitoring and public notification programs. The BEACH Act requires EPA
to publish performance criteria for monitoring and notification of
coastal recreation waters by April 2002. EPA expects to publish
performance criteria for implementation of coastal recreation water
monitoring and public notification programs in October 2001. In fiscal
year 2002 and beyond, if funds are appropriated to support this
program, EPA expects to make grants to also support implementation of
monitoring and notification programs that are consistent with EPA's
performance criteria.
II. Funding and Eligibility
Who Is Eligible to Apply for Development Grant Funds Under This Federal
Register Notice?
Coastal and Great Lake States are eligible for Development Grants
to develop and implement monitoring and notification programs. The term
``State'' is defined in section 502 of the Clean Water Act to include
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. However, the
Trust Territory of the Pacific Islands no longer exists. The Marshall
Islands, the Federated States of Micronesia, and Palau, which were
previously entities within the Trust Territory of the Pacific Islands,
have entered into Compacts of Free Association with the Government of
the United States. As a result, each is now a sovereign, self-governing
entity and, as such, is no longer eligible to receive grants as a
Territory or possession of the United States.
Are Local Governments Eligible for Funding?
The BEACH Act authorizes EPA to make a grant to a local government
for implementation of a monitoring and notification program only if,
after the 1-year period beginning on the date of publication of
performance criteria, EPA determines that the State is not implementing
a program that meets the requirements of the statute. EPA expects to
publish performance criteria in October 2001, and therefore expects
October 2002 as the earliest date for local governments to be eligible
for beach grants.
Are Tribal Governments Eligible for Funding?
Section 518(e) of the CWA authorizes EPA to treat eligible Indian
tribes in the same manner as States for the purpose of receiving CWA
section 406 grant funding. EPA is developing a rule that would
establish procedures for Indian tribes to apply for eligibility for
funding under the BEACH Act. The rule would contain the statutory
criteria for Indian tribes to be treated in the same manner as a State
and indicate how a tribe is to apply for such treatment. The rule would
facilitate the award of funding to Indian tribes that qualify under
this new CWA program. EPA plans to publish the rule as an interim final
regulation in the Federal Register by the end of this
[[Page 29309]]
calendar year. Indian tribes could begin to apply to the appropriate
Regional Administrator for treatment in the same manner as a State
under the rule as early as 30 days after the publication date. EPA
expects to accept grant applications for tribes in Fiscal Year 2002.
How Much Funding Is Available?
For Fiscal Year 2001, EPA expects to award approximately $2 million
in Development Grants to eligible States and Territories.
How Will the Funding Be Allocated?
For the first year only, EPA expects to award Development Grants in
equal amounts to all eligible States and Territories who apply for
funding. EPA selected the equal amount allocation because this is the
simplest and quickest way to award grants while being fair to all
applicants and avoiding complex allocation formulas. The size of the
award will depend on the number of applicants. If all 35 eligible
States and Territories apply, the awards are expected to range between
$50,000 to $60,000. However, if fewer than 35 States and Territories
apply, then the grant awards will be divided among the number of
applicants, thus awarding larger grants.
What is the Expected Duration of the Funding and Project Periods?
The expected funding and project period for Development Grants
awarded in FY 2001 is one year.
Are Matching Funds Required?
Recipients are not required to provide matching funds for
Development Grants awarded under authority of the BEACH Act at this
time.
III. Grant Condition
Section 406(c) of the BEACH Act requires that as a condition of
receipt of a Development Grant, recipients identify:
(1) lists of coastal recreation waters in the State, including
coastal recreation waters adjacent to beaches or similar points of
access that are used by the public;
(2) in the case of a State program for monitoring and notification,
the process by which the State may delegate to local governments
responsibility for implementing the monitoring and notification
program;
(3) the frequency and location of monitoring and assessment of
coastal recreation waters based on: (A) The periods of recreational use
of the waters; (B) the nature and extent of use during certain periods;
(C) the proximity of the waters to known point sources and nonpoint
sources of pollution; and (D) any effect of storm events on the waters;
(4) (A) the methods to be used for detecting levels of pathogens
and pathogen indicators that are harmful to human health; and (B) the
assessment procedures for identifying short-term increases in pathogens
and pathogen indicators that are harmful to human health in coastal
recreation waters (including increases in relation to storm events);
(5) measures for prompt communication of the occurrence, nature,
location, pollutants involved, and extent of any exceeding of, or
likelihood of exceeding, applicable water quality standards for
pathogens and pathogen indicators to: (A) the Administrator, in such
form as the Administrator determines to be appropriate; and (B) a
designated official of the 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.
IV. Additional Eligible Activities
Recipients may use funds for activities in support of developing a
beach monitoring and notification program, including:
(1) activities to comply with the grant conditions specified in
section III above;
(2) quality assurance and quality control (QA/QC) procedures
consistent with the requirements under 40 CFR 31.45; to develop and
implement QA/QC practices for environmentally related measurements or
data generation sufficient to produce data of quality adequate to meet
project objectives and to minimize loss of data due to out-of-control
conditions or malfunctions;
(3) data quality objectives (DQOs), quality assurance project plan
(QAPP) and standard operating procedures (SOPs) that clarify study
objectives, define the appropriate type of data, and specify tolerable
levels of potential decision errors that will be used as the basis for
establishing the quality and quantity of data needed to support
decisions.
V. Selection Process
What Criteria Will Be Used To Evaluate Applications and Award
Development Grants?
Development Grants will be awarded through a non-competitive
process by the EPA Regional offices. EPA expects to award grants to all
eligible State and Territory applicants that meet requirements of the
BEACH Act as described in this notice.
Who Has the Authority To Award Development Grants?
The Administrator has delegated the authority to award Development
Grants to the Regional Administrators.
VI. Application Procedure
What Is the Catalog of Federal Domestic Assistance (CFDA) Number for
the BEACH Program Development Grant?
The number assigned to the Development Grants is 66.472, Program
Code CU.
May the Development Grants Be Included as Part of the Performance
Partnership Grants Program?
For Fiscal Year 2001, Development Grants cannot be included in a
Performance Partnership Grant.
What Are the Components of the Application Package?
The application package should contain completed EPA SF-424
Application for Federal Assistance and be submitted to the appropriate
EPA Regional Office by July 30, 2001. Contact the appropriate EPA
Regional Office for a complete application package. See section VII for
a list of EPA Regional Grant Coordinators or visit the Beach Watch
Website at www.epa.gov/ost/beaches on the Internet.
What Regulations Will Govern the Award and Administration of
Development Grants?
Development Grants will be awarded and administered according to
the regulations at 40 CFR part 31 (``Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments'').
Will Quality Assurance and Quality Control (QA/QC) and Other Procedures
Be Required for Application?
No. A QA/QC plan is not required for the application, however under
40 CFR 31.45 a QA/QC plan is required for any environmentally related
measurements or data generation (e.g. monitoring) performed under the
grant. (See section IV of this document).
[[Page 29310]]
Will There Be Reporting Requirements?
Recipients must submit annual performance reports on the progress
of the program development, as required in sections 31.40 and 31.41.
VII. Grant Coordinators
Grant Coordinators:
Headquarters--Washington DC
Charles Kovatch USEPA, 1200 Pennsylvania Ave. NW--4305, Washington DC
20460; T:202-260-3754; F: 202-260-9830; kovatch.charles@epa.gov
Region I--Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island
Matt Liebman USEPA Region 1, One Congress St. Ste. 1100--CWQ, Boston,
MA 02114-2023; T:617-918-1626; F: 617-918-1505; liebman.matt@epa.gov
Region II--New Jersey, New York, Puerto Rico, U.S. Virgin Islands
Richard Coleates USEPA Region 2, 2890 Woodbridge Ave. MS220, Edison, NJ
08837-3679; T: 732-321-6662; F: 732-321-6616; coleates.richard@epa.gov
Region III--Delaware, Maryland, Pennsylvania, Virginia
Nancy Grundahl USEPA Region 3, 1650 Arch Street 3ES10, Philadelphia, PA
19103-2029; T: 215-814-2729; F:215-814-2782; grundahl.nancy@epa.gov
Region IV--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 V--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 VI--Louisiana, Texas
Mike Schaub USEPA Region 6, 1445 Ross Ave. 6WQ-EW, Dallas, TX 75202-
2733; T: 214-665-7314; F: 214-665-6689; schaub.mike@epa.gov
Region IX--American Soma, Commonwealth of the Northern Mariana Islands,
California, Guam, Hawaii
Terry Fleming USEPA Region 9, 75 Hawthorne St. WTR-2, San Francisco, CA
94105; T: 415-744-1939; F: 415-744-1078; fleming.terrence@epa.gov
Region X--Alaska, Oregon, Washington
Pat Cirone USEPA Region 10, 120 Sixth Ave. OW-134, Seattle, WA 98101;
T: 206-553-1597; F: 206-553-0165; cirone.patricia@epa.gov
Dated: May 22, 2001.
Diane C. Regas,
Acting Assistant Administrator of Water.
[FR Doc. 01-13509 Filed 5-29-01; 8:45 am]
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