[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

[[Page 21464]]

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

[[Page 21465]]

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]
BILLING CODE 6560-50-F