Beaches Environmental Assessment and Coastal Health Act

[Federal Register: March 21, 2002 (Volume 67, Number 55)]
[Notices]
[Page 13140-13143]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr02-56]

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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-7161-5]

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 encourages 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 May 20, 2002.

ADDRESSES: You must send your application to the appropriate Regional
Grant Coordinator listed in this document 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 is section 406(b) of the
CWA 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 2002?

In Fiscal Year 2002, EPA intends to award grants authorized under
the BEACH Act to support the continued development of coastal
recreation water monitoring and public notification programs to meet
program elements under the BEACH Act. EPA encourages grantees to use
these funds to test various approaches for meeting BEACH Act program
requirements. As required by the BEACH Act, EPA expects to publish
performance criteria for implementation of coastal recreation water
monitoring and public notification programs by April 2002. In fiscal
year 2003 and beyond, if funds are appropriated to support these
programs, EPA expects to make grants to also support implementation of
monitoring and notification programs that are consistent with the
statutory requirements for implementation grants, which include
consistency with EPA's performance criteria.

II. Funding and Eligibility

Who Is Eligible To Apply for Development Grants Under this Federal
Register Document?

Coastal and Great Lake States are eligible for development grants
in FY 2002 to develop monitoring and notification programs. The term
``State'' is defined in section 502 of the CWA 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 one-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 section 406 of the Act. EPA
expects to publish performance criteria in April 2002, and therefore
expects April 2003 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. In order to receive BEACH Act grant funds a
Tribe must have coastal recreation waters for which water quality
standards have been established under the CWA. There are currently no
Tribes that have met this requirement. In addition, a Tribe must meet
the ``treatment in the same manner as a State'' criteria under CWA
section 518(e) to receive grant funds under section 406 of the CWA.

How Much Funding Is Available?

For Fiscal Year 2002, EPA expects to award approximately $10
million in Development Grants to eligible States and Territories.

How Will the Funding Be Allocated?

For this second year of the Development Grants, EPA expects to
award grants to all eligible States and Territories who apply for
funding based on an allocation formula. In developing this formula EPA
consulted with various States, the Coastal States Organization, and
Association of State and Interstate Water Pollution Control
Administrators (ASIWPCA). This formula uses three factors that are
readily available and verifiable: (1)

[[Page 13141]]

Length of beach season, (2) miles of beach and (3) number of people
that use the beaches.
(1) Beach Season Length
Beach season length was selected as a factor since it determines
the part of the year that a government would conduct its monitoring
program. The longer the beach season, the more resources that a
government would need to conduct monitoring. EPA's information on the
length of a beach season was obtained from the National Health
Protection Survey of Beaches for the States or Territories that
reported information. The beach season for American Samoa, Oregon,
Puerto Rico, and Northern Mariana Islands was estimated based on season
reported by nearby States and Territories. The beach season for Alaska
was estimated based on air and water temperature, available information
on recreation activities, and data from the 1993 National Water Based
Recreation Survey. EPA grouped the States and U.S. Territories into
four categories of beach season lengths:

------------------------------------------------------------------------
The beach season category
For beaches in-- is--
------------------------------------------------------------------------
Alaska...................................... 3 months.
Connecticut, Delaware, Illinois, Indiana, 3--4 months.
Maine, Maryland, Massachusetts, Michigan,
Minnesota, New Hampshire, New Jersey, New
York, Ohio, Oregon, Pennsylvania, Rhode
Island, Virginia, Washington, Wisconsin.
Alabama, Georgia, Louisiana, Mississippi, 5--6 months.
North Carolina, South Carolina.
American Samoa, California, Florida, Guam, 9--12 months.
Hawaii, Northern Mariana, Puerto Rico,
Texas, U.S. Virgin Islands.
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(2) Beach Miles
Miles of beach was selected as a factor because it determines the
geographical extent over which a government would conduct monitoring.
The longer the miles of beaches, the more resources a government would
need to conduct monitoring. For this second year of Development Grants,
EPA is using shoreline miles as a surrogate rather than beach miles
because beach miles are not available for all beaches in the 35
eligible States and Territories. EPA discussed the drawbacks of using
this surrogate factor with States on a conference call on December 11,
2001 BEACH Act grantees, however, must identify their beaches as a
condition of their grants; therefore in future years, EPA will be able
to measure and thus use beach miles rather than shoreline. Because the
BEACH Act grants for 2001 were awarded only recently, States have yet
to identify lists of coastal recreation waters in the State. Thus, as a
practical matter, EPA could not use beach miles in the allocation
formula for FY 2002 grants. Instead, for FY 2002 grants, EPA used the
NOAA publication The Coastline of the United States to quantify the
shoreline miles.
(3) Beach Use
Beach use was selected as a factor because it reflects the
importance of beach-related tourism to the local economy. The greater
use a beach receives, the more likely a government would need to
conduct increased monitoring because of the larger number of people
potentially exposed to pathogens. For this second year of Development
Grants, EPA is using the coastal population of counties that are wholly
or partially within the State's or Territory's legally defined coastal
zone as a surrogate, rather than beach usage because information on
beach visitors is not available for all beaches in the 35 eligible
States and Territories. EPA also discussed the drawbacks of using this
surrogate factor with States on a conference call on December 11, 2001.
Participants on the call were doubtful that EPA could develop a
consistent, verifiable approach for estimating beach use for all
beaches, but could not suggest a better way to quantify this factor at
present. EPA is committed to work with the States and Territories with
BEACH Act grants to develop a better way to quantify this factor. EPA
used the 1990 Census data to quantify coastal population because the
2000 data are not yet available for American Samoa, Guam, Northern
Mariana Islands, and the U.S. Virgin Islands. EPA will update this
factor when the 2000 census data are available for all eligible States
and Territories.
The grants allocation formula consists of the sum of three parts.
The first part provides a base amount for all States and Territories
that varies with the length of the beach season. The second part
distributes 50% of the total remaining funds ($10 million in FY 2002
less that used for the beach season length) based on the ratio of
shoreline miles in a State or Territory to the total length of
shoreline miles. For example, if a State has 4% of the total coastal
and Great Lakes shoreline, that State would receive 2% (4% of 50%) of
the total funds remaining after the funds for the beach season length
are distributed. The third part distributes 50% of the total remaining
funds ($10 million in FY 2002 less that used for the beach season
length) based on the ratio of coastal population in a State or
Territory to the total coastal population. For example, if a State has
2% of the total coastal and Great Lakes population, that State would
receive 1% (2% of 50%) of the total funds remaining after the funds for
the beach season length are distributed. The following table summarizes
the allocation formula:

----------------------------------------------------------------------------------------------------------------
For the factor-- The part of the allocation is--
----------------------------------------------------------------------------------------------------------------
Beach season length.................... 3 months: $150,000 (States and Territories with a season 3 months
receive season-based funding only.)
3-4 months: $200,000
5-6 months: $250,000
>6 months: $300,000
Shoreline miles........................ 50% of funds remaining after allocation of season-based funding.
Coastal population..................... 50% of funds remaining after allocation of season-based funding.
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[[Page 13142]]

Based on this allocation formula, the amount of the each State or
Territory's development grant award in FY 2002 is expected to be from
$150,000 to $530,893 if all 35 eligible States and Territories apply.
EPA anticipates that all 35 eligible governments will apply. If fewer
than 35 States and Territories apply for the allocated amount, then EPA
will re-allocate these grant funds to those States and Territories that
applied for the grants using the same formula. If all 35 eligible
States and Territories apply, the distribution of the $10 million in
funds for year 2002 will be:

------------------------------------------------------------------------
The year 2002
For the State or Territory of-- allocation is--

------------------------------------------------------------------------
Alabama................................................. $263,142
Alaska.................................................. 150,000
American Samoa.......................................... 302,288
California.............................................. 535,643
Connecticut............................................. 226,389
Delaware................................................ 211,339
Florida................................................. 530,893
Georgia................................................. 288,490
Guam.................................................... 302,775
Hawaii.................................................. 325,149
Illinois................................................ 248,615
Indiana................................................. 206,670
Louisiana............................................... 383,287
Maine................................................... 259,742
Maryland................................................ 276,068
Massachusetts........................................... 260,691
Michigan................................................ 287,556
Minnesota............................................... 204,631
Mississippi............................................. 258,028
New Hampshire........................................... 204,918
New Jersey.............................................. 285,719
New York................................................ 366,030
North Carolina.......................................... 306,721
Northern Mariana........................................ 303,462
Ohio.................................................... 227,879
Oregon.................................................. 230,342
Pennsylvania............................................ 226,953
Puerto Rico............................................. 335,862
Rhode Island............................................ 214,225
South Carolina.......................................... 300,253
Texas................................................... 387,957
U.S. Virgin Islands..................................... 303,488
Virginia................................................ 282,355
Washington.............................................. 274,034
Wisconsin............................................... 228,396
------------------------------------------------------------------------

What is the Expected Duration of the Funding and Project Periods?

The expected funding and project period for Development Grants
awarded in FY2002 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.

What if a State Cannot Use All of Its Allocation?

If a State or Territory cannot use all of its allocation, the
Regional Administrator may award the unused funds to any eligible
coastal or Great Lake grant recipient(s) in the Region for the
development of their coastal recreation water monitoring and
notification program. If after this re-allocation, there are still
unused funds within the Region, EPA-Headquarters will award these funds
to any eligible coastal or Great Lake grant recipient(s).

III. Grant Condition

Section 406(c) of the BEACH Act requires that as a condition of
receipt of any BEACH Act grant, recipients identify the program
elements listed below. Therefore, EPA will require recipients to
address each of the following elements in their grant application and
include the status of their efforts on each element in an annual
performance report, as required under 40 CFR 31.40:
(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 EPA and 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; EPA has determined that this information may
be submitted to the Agency in any form so long as it includes the
required information;
(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; and
(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 document.

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.

[[Page 13143]]

Can BEACH Act Grant Funds Be Included in a Performance Partnership
Grant?

For Fiscal Year 2002, 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 May 20, 2002. Please contact the appropriate EPA
Regional Office for a complete application package. See Section VII for
a list of EPA Regional Grant Coordinators or visit the EPA Beach Watch
Website at www.epa.gov/ost/beaches on the Internet.

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).

Will There Be Reporting Requirements?

Recipients must submit annual performance reports and financial
reports as required in Secs. 31.40 and 31.41.

What Regulations and OMB Cost Circular Will Apply to the Award and
Administration of These Grants?

The regulations at 40 CFR part 31 will govern the award and
administration of grants to States and Territories under section 406 of
the BEACH Act. Allowable costs will be determined in accordance with
the cost principles in OMB Cost Circular A-87.

VII. 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 I, 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

Helen Grebe USEPA Region II, 2890 Woodbridge Ave. MS220, Edison, NJ
08837-3679; T: 732-321-6797; F: 732-321-6616; grebe.helen@epa.gov.

Region III--Delaware, Maryland, Pennsylvania, Virginia

Nancy Grundahl USEPA Region III, 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 IV, 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 V, 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 VI, 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 IX, 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

Rob Pedersen USEPA Region X, 120 Sixth Ave. OW-134, Seattle, WA
98101; T: 206-553-1646; F: 206-553-0165; pedersen.rob@epa.gov.

Dated: February 25, 2002.
Diane C. Regas,
Acting Assistant Administrator, Office of Water.
[FR Doc. 02-6850 Filed 3-20-02; 8:45 am]
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