[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4893]


[[Page Unknown]]

[Federal Register: March 3, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00148; FRL-4758-1]

 

Grants To Develop and Carry Out Authorized State Accreditation 
and Certification Programs for Lead-Based Paint Professionals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of funds availability; solicitation of applications for 
financial assistance.

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SUMMARY: This notice announces EPA's intent to enter into cooperative 
agreements with states and territories which provide financial 
assistance for purposes of developing and carrying out authorized 
accreditation and certification programs for professionals engaged in 
lead-based paint activities pursuant to the Toxic Substances Control 
Act (TSCA), as amended by Title IV of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992. EPA also intends to enter into 
cooperative agreements with federally-recognized Indian governing 
bodies to provide financial assistance for the development of similar 
accreditation and certification programs. The notice describes eligible 
activities, application procedures and requirements, and funding 
criteria. EPA anticipates that a minimum of $11,200,000 will be 
available during federal fiscal year 1994 (FY94) for awards to eligible 
recipients. There are no matching share requirements for this 
assistance. Subject to future budget limitations, EPA plans to provide 
this support on a continuing multi-year or program basis. All 
cooperative agreements will be administered by the appropriate EPA 
regional office. The Catalog of Federal Domestic Assistance number 
assigned to this new program is 66.707.

DATES: In order to be considered for funding during the FY94 award 
cycle, all applications must be received by the appropriate EPA 
regional office on or before May 1, 1994. EPA will make its award 
decisions and execute its FY94 cooperative agreements by September 30, 
1994.

FOR FURTHER INFORMATION CONTACT: For general information, contact: 
Susan B. Hazen, Director, Environmental Assistance Division (7408), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, Rm E-543B, 401 M St., SW., Washington, DC 20460, (202) 554-
1404, TDD: (202) 554-0551. For technical information, contact the 
appropriate Regional Primary Lead Contact person listed in Unit VI of 
this notice.

SUPPLEMENTARY INFORMATION: TSCA section 404(g) authorizes EPA to award 
non-matching grants to states and territories to develop and carry out 
authorized programs for the accreditation of training programs for 
individuals engaged in lead-based paint activities, and the 
certification of contractors engaged in lead-based paint activities. To 
achieve authorization under Title IV of TSCA, programs must: (1) Be as 
protective of human health and the environment as the federal program 
established under TSCA section 402 or 406, or both, and (2) provide 
adequate enforcement. For states and territories that fail to obtain 
authorization within 2 years following promulgation of TSCA section 402 
or 406 regulations, EPA must, by such date, administer and enforce a 
program for TSCA section 402 or 406.
    Pursuant to Title IV of TSCA, EPA encourages states and territories 
to develop accreditation and certification programs for lead-based 
paint activities. EPA therefore recommends that eligible parties seek 
funding through the TSCA section 404(g) assistance program, which is 
now being implemented to help achieve these ends. EPA further 
recommends that eligible parties plan to utilize this grant support in 
a way that complements any related financial assistance they may 
receive from other federal sources, most notably funding from the U.S. 
Department of Housing and Urban Development (HUD). EPA will, however, 
seek to ensure that all federally-funded lead activities are undertaken 
in a coordinated fashion.
    It is anticipated that forthcoming regulations mandated under 
sections 402 and 404 of TSCA will address the eligibility of federally-
recognized Indian governing bodies to receive assistance under TSCA 
section 404(g). Until such time as these regulations are published, EPA 
intends to enter into cooperative agreements with Indian governing 
bodies pursuant to section 10(a) of TSCA for the development of 
programs similar to those funded under TSCA section 404(g). As a 
result, unless otherwise indicated, when used in this notice the term 
``states'' includes Indian governing bodies.
    EPA will work with prospective applicants to develop cooperative 
agreements which promote a variety of objectives deemed critical to the 
success of its national lead program. These include: (1) Permitting 
flexible approaches to reducing lead hazards, (2) developing a 
nationwide pool of qualified lead abatement professionals, (3) 
encouraging pollution prevention in lead-based paint activities, (4) 
promoting environmental justice in the reduction of lead exposures and 
the prevention of lead poisoning, (5) fostering the establishment of 
comprehensive and integrated lead management programs by states, 
territories and Indian governing bodies, and (6) promoting reciprocity 
among authorized programs in the training and certification of lead 
abatement professionals.

I. Eligibility

    All states are eligible to apply for and receive assistance under 
section 404(g) of TSCA. The term ``state,'' for purposes of 
eligibility, refers broadly to any state of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana 
Islands, and any other territory or possession of the United States. 
Federally-recognized Indian governing bodies are eligible to apply for 
and receive assistance under section 10(a) of TSCA.

II. Authority

    The ``TSCA Title IV State Lead Grants Program'' is a financial 
assistance program administered by EPA under authority of TSCA section 
404(g). EPA plans to award all funds to Indian governing bodies under 
authority of TSCA section 10(a) during the first-year award cycle 
(FY94). Each of EPA's 10 regional administrators will be delegated the 
authority to enter into cooperative agreements with eligible states and 
Indian governing bodies.

III. Activities to be Funded Under Cooperative Agreements

    EPA recognizes that when TSCA Title IV was enacted on October 28, 
1992, states had widely varying capabilities for addressing lead 
hazards. Individual states will eventually fall within one of three 
broad categories of program development: (1) States without lead 
programs, (2) states with programs that are likely to qualify for 
authorization under TSCA section 402 that may need assistance in 
carrying out these programs, and (3) states with lead programs that 
will require modification before qualifying for authorization. Each 
state's need for assistance will vary, in part, according to the level 
of lead program development the state has attained. The type of program 
activity a given state seeks to pursue may also vary in a corresponding 
manner.
    Although EPA generally supports all state activities aimed at 
developing or carrying out authorized state lead programs, the Agency 
does recognize certain priorities. Because few states currently have 
programs which parallel the forthcoming TSCA sections 402 and 406 
standards, EPA's highest priority will be to support the development of 
new state programs. A second priority will be to support the continued 
implementation of existing state programs which are working toward 
timely authorization.
    Although these priorities do not constitute the Agency's criteria 
for award determinations, EPA will consider these items in its 
cooperative agreement negotiations with applicants.
    EPA has established three general funding categories that reflect 
the different status, or levels, of state lead program development. 
These are: (1) Level One - Develop New State Programs, (2) Level Two - 
Carry Out Authorized State Programs, and (3) Level Three - Carry Out 
Existing State Programs Which Do Not Yet Qualify For Authorization 
Under Title IV. Because the regulations required under TSCA sections 
402 and 404 which would define the criteria for obtaining program 
authorization have not yet been promulgated, however, activities in 
only two of the three funding categories, Level One and Level Three, 
will be eligible for funding consideration during the FY94 award cycle. 
Activities in Level Two can only be considered after the TSCA sections 
402/404 regulations have taken effect. Numerous examples of activities 
considered to be eligible for funding are described in a separate EPA 
publication entitled ``Fiscal 1994 TSCA Title IV Cooperative Agreement 
Guidance'' (January 1994) (the ``grant guidance''). Copies of the grant 
guidance may be obtained through any of EPA's 10 regional offices at 
the addresses listed under Unit VI of this notice. It is important to 
note, however, that the examples presented in the guidance are not 
exhaustive, and applicants are not limited in their proposals to the 
listed tasks. Individual state program innovations are eligible and 
encouraged, so long as the proposed tasks relate to the purposes set 
forth in TSCA section 404(g) and fit within the Level One or Three 
funding category. These two funding categories are not mutually 
exclusive, and it is permissible for a state's work plan to combine 
elements from each.

IV. Selection Criteria

    During the FY94 award cycle, EPA expects a minimum of $11,200,000 
to be available for distribution to eligible applicants. The Agency 
will use a two-tiered system to allocate these funds. This system is 
aimed at achieving the broadest possible state participation, while at 
the same time, targeting areas with the greatest potential lead hazard 
and risk. It accomplishes this by providing for a tier-one distribution 
of ``base funding,'' followed by a tier-two distribution of ``formula 
funding,'' where additional funds are distributed based upon the 
relative lead burden estimated to exist within a state.
    Each state (excluding territories and federally-recognized Indian 
governing bodies) that submits a qualifying proposal will be entitled 
to a base funding allotment of $100,000. In addition, base funding of 
up to $50,000 will be reserved for each of the five ``territories'' 
(used generically in this context) that have been administratively 
assigned to an EPA regional office and that have historically 
participated in EPA toxics cooperative agreement programs. These 
``base'' territories include the U.S. Virgin Islands (Region 2), the 
Commonwealth of Puerto Rico (Region 2), the District of Columbia 
(Region 3), Guam (Region 9) and American Samoa (Region 9). The two 
remaining ``non-base'' territories, the Canal Zone and the Northern 
Mariana Islands, are also eligible to apply for funding up to $50,000 
apiece, but are not considered in determining the base funding 
allotments. Base allotments are primarily intended to ensure that those 
states and base territories wishing to pursue authorization under TSCA 
section 404 will be guaranteed a minimum level of funding for this 
purpose. The maximum amount of base funding set-aside in FY94 will be 
$5,250,000. Any unsubscribed base funding will be added to the formula 
funds pool.
    Once base funding allotments have been reserved for all eligible 
applicants, remaining funds will be treated as ``formula funds.'' 
Before applying the lead burden formula, however, EPA will subtract 
from the formula account an amount not to exceed $50,000 for each 
Indian governing body and non-base territory not otherwise factored 
into the base funding apportionment. EPA cannot reliably predict the 
level of participation from Indian governing bodies and non-base 
territories; therefore, where these eligible parties do apply for 
funds, they will be assigned to an appropriate regional office for 
administrative oversight, and that regional office will become 
responsible for determining the appropriate level of funding. These 
parties, however, will not receive a formula ranking, and will not be 
eligible to compete for additional formula allocations based upon lead 
burden calculations.
    As a third step, states and base territories with funding 
requirements exceeding their base allotments will then be apportioned 
additional sums based upon their relative lead burden. In calculating 
lead burden for the formula rankings, EPA used readily available data 
derived from the 1990 Census of Population and Housing, together with 
other data from HUD. The formula uses four factors to generate an 
estimate of the potential lead problem, or ``lead burden,'' in each 
state. Two of these factors, the number of housing units with lead-
based paint and the number of children under age 7, express the 
potential magnitude of the lead problem. The remaining two factors, the 
fraction of young children in poverty and the fraction of low-income 
housing units with lead-based paint, express the potential severity of 
the problem.
    In determining formula rankings, each state and base territory is 
scored independently for each factor, and the four individual factor 
scores for the state or base territory are then summed to obtain an 
overall score for that state or base territory (a combined factor 
score). The combined factor scores of all states and base territories 
applying for formula funds (or amounts in excess of their base 
allotment) are then summed, and the percentage of the total sum 
represented by the individual state's or base territory's score is then 
identified. When the total formula funding available is then multiplied 
by the percentage score of an individual state or territory, the 
state's or base territory's ceiling formula allotment can be obtained. 
For example, assume that: (1) All 50 states but none of the base 
territories apply for formula allotments, (2) state X has a percentage 
score of 2 percent, and (3) a total of $4,000,000 in formula funding is 
available. In determining how much money to allot to state X, EPA would 
multiply $4,000,000 by .02. The product, $80,000, represents the 
maximum additional funding that could be awarded to state X to 
supplement its base allocation. State X would then qualify for up to 
$180,000 in total funding for the fiscal year ($100,000 in base funding 
+ $80,000 in formula funding).
    In general, the maximum, or ceiling, formula allotments will 
fluctuate inversely with the number of applicants. The greater the 
number of applicants, the lower the ceiling will tend to be, and vice 
versa. Formula allotments will be determined only after the annual 
application deadline has passed and EPA has full knowledge of the total 
amount of funds requested. If one or more states or base territories 
request formula fund amounts below their ceiling allotments, residual 
formula funds will be available. Where this situation develops, if 
there are still other states or base territories with unfunded needs, 
the formula will be run again. This procedure can be repeated until all 
formula funds have been fully allotted. The FY94 combined factor scores 
for each state and base territory, derived from the census data, are 
presented in the grant guidance along with a technical appendix 
(Appendix A) which explains the formula methodology in greater detail.

V. Submission Requirements

    To be considered for funding, each application must include, at a 
minimum, the following forms and certifications which are contained in 
EPA's ``Application Kit for Assistance'': (1) Standard Form 424 
(Application for Federal Assistance), (2) EPA Form 5700-48 (Procurement 
Certification), (3) Drug-Free Workplace Certification, (4) Debarment 
and Suspension Certification, (5) Disclosure of Lobbying Activities, 
and (6) a return mailing address. In addition to these standard forms, 
each application must also include a work program, a detailed line-item 
budget with sufficient information to clearly justify costs, a list of 
work products or deliverables, and a schedule for their completion. 
Work programs are to be negotiated between applicants and their EPA 
regional offices to ensure that both EPA and state priorities can be 
addressed. In addition, every application from a state, territory or 
Indian governing body must clearly demonstrate how the proposed 
activities will lead to that state's pursuit of authorization. Finally, 
any applicant proposing the collection of environmentally related 
measurements or data generation must adequately address the 
requirements of 40 CFR 31.45 relating to quality assurance/quality 
control. These requirements are more specifically outlined in the 
``Guidance Document for the Preparation of Quality Assurance Project 
Plans'' (May 1993) published by EPA's Office of Pollution Prevention 
and Toxics. This document, as well as the application kits referred to 
above, may be obtained from EPA's regional offices.

VI. Application Procedures and Schedule

    Applications must be submitted to the appropriate EPA regional 
office in duplicate; one copy to the regional lead program branch and 
the other to the regional grants management branch. Early consultations 
are recommended between prospective applicants and their EPA regional 
offices. Because TSCA Title IV cooperative agreements will be 
administered at the regional level, these consultations can be critical 
to the ultimate success of a state's project or program.
    For more information about this financial assistance program, or 
for technical assistance in preparing an application for funding, 
interested parties should contact the Regional Primary Lead Contact 
person in the appropriate EPA regional office. The mailing addresses 
and contact telephone numbers for these offices are listed below.

Region I: (Connecticut, Massachusetts, Maine, New Hampshire, Rhode 
Island, Vermont), JFK Federal Building, One Congress St., Boston, MA 
02203. Telephone: (617) 565-3836 (Jim Bryson)
Region II: (New York, New Jersey, Puerto Rico, Virgin Islands), 
Building 5, SDPTSB, 2890 Woodbridge Ave., Edison, NJ 08837-3679. 
Telephone: (908) 321-6671 (Lou Bevilacqua)
Region III: (Delaware, Maryland, Pennsylvania, Virginia, West Virginia, 
District of Columbia), 841 Chestnut Bldg., Philadelphia, PA 19107. 
Telephone: (215) 597-8322 (Fran Dougherty)
Region IV: (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), 345 Courtland St., NE, Atlanta, 
GA 30365. Telephone: (404) 347-1033 (Connie Landers)
Region V: (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
SP-14J, 77 W. Jackson St., Chicago, IL 60604. Telephone: (312) 886-7836 
(David Turpin)
Region VI: (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 12th 
Floor, Suite 2000, 1445 Ross Ave., Dallas, TX 75202. Telephone: (214) 
655-7577 (Jeff Robinson)
Region VII: (Iowa, Kansas, Missouri, Nebraska), TOPE/TSC, 726 Minnesota 
Ave., Kansas City, KS 66101. Telephone: (913) 551-7393 (Doug Elders)
Region VIII: (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), 999 18th St., Suite 500, Denver, CO 80202. Telephone: (303) 
293-1442 (David Combs)
Region IX: (Arizona, California, Hawaii, Nevada, American Samoa, Guam), 
75 Hawthorne St., San Francisco, CA 94105. Telephone: (415) 744-1128 
(Jo Ann Semones)
Region X: (Alaska, Idaho, Oregon, Washington), Toxics Section, 1200 
Sixth Ave., Seattle, WA 98101. Telephone: (206) 553-1985 (Barbara Ross)
    The deadline for EPA's receipt of final FY94 applications is May 1, 
1994. Once the application deadline has passed, EPA will process the 
formula funding calculations and determine the initial formula ceiling 
allocations. Final negotiations for the award of cooperative agreements 
can then proceed, but all FY94 agreements must be executed no later 
than September 30, 1994.

List of Subjects

    Environmental protection, Grants, Lead, Training and Accreditation.

    Dated: February 24, 1994.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 94-4893 Filed 3-2-94; 8:45 am]
BILLING CODE 6560-50-F