[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Notices]
[Pages 21463-21466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11782]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00183; FRL-5362-5]
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 and federally recognized Indian
governing bodies 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
section 404(g) of the Residential Lead-Based Paint Hazard Reduction Act
of 1992. The notice describes eligible activities, application
procedures and requirements, and funding criteria. EPA anticipates that
up to $12,500,000 will be available during federal fiscal year 1996
(FY96) for awards to eligible recipients. There are no matching share
requirements for this assistance. This is the third year that funding
is being made available for these grants. Subject to future budget
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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.
DATES: In order to be considered for funding during the FY96 award
cycle, all applications must be received by the appropriate EPA
regional office on or before June 10, 1996. EPA will make its award
decisions and execute its FY96 cooperative agreements by September 30,
1996.
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, e-mail: TSCA-H[email protected]. For
technical information, contact the appropriate Regional Primary Lead
Contact person listed in Unit V. of this notice.
SUPPLEMENTARY INFORMATION: TSCA section 404(g) authorizes EPA to award
non-matching grants to states, territories, and federally-recognized
Indian governing bodies to develop and carry out authorized programs
for the training of individuals engaged in lead-based paint activities,
the accreditation of training programs for these individuals, 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, territories,
and federally-recognized Indian governing bodies to seek authorization
of their own training, 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. EPA will, however, seek to
ensure that all federally-funded lead activities are undertaken in a
coordinated fashion.
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, any federally-recognized Indian governing body,
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.
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). Each of EPA's 10 regional administrators will be delegated the
authority to enter into cooperative agreements with eligible
``states.'' However, because EPA's authority to award 404(g) funding to
Indian governing bodies is contingent upon final promulgation of the
forthcoming regulations mandated under sections 402 and 404 of TSCA,
EPA plans to award all funds to Indian governing bodies under authority
of TSCA section 10(a) during this award cycle (FY96). Further, all
references in this notice to Indian governing bodies being treated as
states is contingent upon EPA's final promulgation of the regulations
mandated under TSCA sections 402 and 404.
EPA recognizes that when TSCA Title IV was enacted on October 28,
1992, states had widely varying capabilities for addressing lead
hazards. Individual states currently fall within one of three broad
categories of program development: (1) States without lead programs,
(2) states with programs that qualify for authorization 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 presently have
adequate lead program capabilities, as measured against TSCA sections
402 and 406, 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 authorized state programs. A third priority
will be to support the implementation of existing state programs which
do not presently qualify for authorization but which are otherwise
willing to work 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.
They are not mutually exclusive, and it is permissible for a state's
work plan to combine elements from two or more categories. Numerous
examples of activities considered to be eligible for funding are
described in a separate EPA publication entitled ``State and Tribal
Cooperative Agreement Guidance for FY 1996'' (spring 1996). Copies of
the grant guidance may be obtained through any of EPA's ten regional
offices at the addresses listed under Unit V. 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 one or more of the
three general funding categories.
III. Selection Criteria
During the FY96 award cycle, EPA expects between $9,000,000 and
$12,500,000 to be available for distribution to eligible applicants.
The Agency will use a two-tiered system to
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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. Applicants with funding requirements exceeding
the base allotments will be considered for receiving this apportioned
additional funding based on two factors: the relative ``lead burden''
allocation and the applicant's demonstration of the State's progress in
authorizing a training, accreditation, and certification program for
lead-based paint activities.
Each state and the District of Columbia (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 four ``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), 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. 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 set-aside an
amount not to exceed $1,500,000 for Federally recognized Indian
governing bodies. Indian governing body will be given funding based
upon tribal population and if an Indian governing body received funding
in the FY 1994 and/or FY 1995 grant process, they will be supported to
the same extent in FY96 process. 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 can be given apportioned
additional sums based upon their relative lead burden and the progress
they have made toward establishing a training, certification, and
accreditation program. 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 the U.S.
Department of Housing and Urban Development (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 $12,500,000 are available and: (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.
IV. 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, any application from a state, territory or
Indian governing body without an authorized program must 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.
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V. 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) 597-2450 (Gerallyn Valls)
Region IV: (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), 345 Courtland St., NE, Atlanta,
GA 30365. Telephone: (404) 347-3555, ext. 6916 (Roseanne Rudd)
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)
665-7577 (Jeff Robinson)
Region VII: (Iowa, Kansas, Missouri, Nebraska), TOPE/TSC, 726 Minnesota
Ave., Kansas City, KS 66101. Telephone: (913) 551-7518 (Mazzie Talley)
Region VIII: (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), 999 18th St., Suite 500, Denver, CO 80202. Telephone: (303)
312-6021 (David Combs)
Region IX: (Arizona, California, Hawaii, Nevada, American Samoa, Guam),
75 Hawthorne St., San Francisco, CA 94105. Telephone: (415) 744-1129
(Larry Biland)
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 FY96 applications is June
10, 1996. 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 FY96 agreements must be executed
no later than September 30, 1996.
List of Subjects
Environmental protection, Grants, Lead, Training and accreditation.
Dated: May 2, 1996,
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 96-11782 Filed 5-9-96; 8:45 am]
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