[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28471-28474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13642]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00211; FRL-5716-3]
Cooperative Agreements to Develop and Carry Out Authorized State
Training, 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.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's intent to enter into cooperative
agreements with States, Territories, the District of Columbia and
federally-recognized Indian governing bodies to provide financial
assistance for purposes of developing and carrying out EPA-authorized
training, accreditation and certification programs for professionals
engaged in lead-based paint activities. These State programs and this
financial assistance are authorized by section 404 of the Toxic
Substances Control Act (TSCA). 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 1997 (FY97) for awards to eligible
recipients. There are no matching share requirements for this
assistance. This is the fourth year that funding is being made
available for this cooperative agreement program. 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. This cooperative
agreement program is the first of two assistance programs that will be
administered by EPA related to authorized State lead programs this
year. The second program was formerly administered by the Department of
Housing and Urban Development and will be announced in the Federal
Register at a later date.
DATES: In order to be considered for funding during the FY97 award
cycle, all applications must be received by the appropriate EPA
regional office on or before June 23, 1997. EPA will make its award
decisions and execute its FY97 cooperative agreements by September 30,
1997.
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 VI. of this notice.
SUPPLEMENTARY INFORMATION: Under TSCA section 404(g), EPA will award
non-matching cooperative agreements to States, Territories, the
District of Columbia and federally-recognized Indian governing bodies
to develop and carry out programs established under section 402 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.
Under section 404(a), States may seek EPA authorization to administer
these programs. To achieve authorization under 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, Territories, the District of
Columbia and federally-recognized Indian governing bodies that fail to
obtain EPA authorization by August 31, 1998, the Agency will administer
and enforce the TSCA section 402 requirements (15 U.S.C. 2682, as
amended on October 28, 1992) or 406 (15 U.S.C. 2686(b)) in that State.
Pursuant to section 404(g) of TSCA, EPA encourages States,
Territories, the District of Columbia 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 assistance support in a way that
complements any related financial assistance they may receive from
other federal sources. EPA will require all grant applicants under the
program to provide information on other sources of federal support for
lead-based paint activities. EPA will use the information in an effort
to coordinate federally funded lead activities.
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 objectives 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, the District of Columbia and Indian governing bodies; and
(6) promoting reciprocity among authorized programs in the training and
certification of lead abatement professionals.
The cooperative agreement program announced here is to be
distinguished from another similar assistance program that will also
support States in developing a lead-based paint training, accreditation
and certification Program. This second cooperative agreement program,
which will be announced in a separate Federal Register Notice at a
later date, was previously administered by the Department of Housing
and Urban Development (HUD) under section 1011(g) of Title X of the
Housing and Community Development Act of 1992. EPA and HUD are
finalizing an Interagency Agreement whereby EPA, under its section
404(g) authority, will award the remaining HUD funds.
[[Page 28472]]
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 State Lead Cooperative Agreement Program'' is a
financial assistance program administered by EPA under authority of
TSCA section 404(g) (Title IV of TSCA was enacted as subtitle B of
Title X). Each of EPA's 10 regional administrators has been delegated
the authority of section 404(g) to enter into cooperative agreements
with eligible ``States.''
III. Activities to be Funded
EPA recognizes that when 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 but 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 priorities are: First to support the development of
new State programs; second to support the continued implementation of
authorized State programs; and third 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 this funding is
described in a separate EPA document entitled ``State and Tribal
Cooperative Agreement Guidance for FY 1997.'' 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 one or more of the three
general funding categories.
IV. Selection Criteria
During the FY97 award cycle, EPA expects up to $12,500,000 to be
available for distribution to eligible applicants. The Agency will use
a two-tiered system to calculate how much assistance money a State may
be eligible to receive. 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 calculated based upon the relative lead burden estimated to
exist within a State. The actual amount of money that an eligible State
may receive in this assistance cycle will be determined by the
appropriate EPA Regional Office. Specifically, applicants with funding
requirements exceeding the base allotments will be considered by their
EPA Regional Office 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 obtaining
authorization for a training, accreditation, and certification program
for lead-based paint activities.
For each State and the District of Columbia that submits a
qualifying proposal, EPA intends to award a base funding allotment of
$100,000. In addition, base funding of up to $50,000 will be reserved
for each base ``Territory'' that has been administratively assigned to
an EPA Regional Office and that has historically participated in EPA
toxics grant 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). Base funding allotments
maybe subject to change if new statutory requirements are introduced
into law within the funding cycle. The two remaining ``non-base''
Territories, the Canal Zone and the Northern Mariana Islands, are also
eligible to apply for funding up to, but not exceeding, $50,000 apiece.
The non-base Territories 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, each EPA Regional Office will be allocated $100,000 from
this year's assistance pool to be distributed at the Region's
discretion to applicants within that region. In addition, EPA has set-
aside $1,500,000 for Federally-recognized Indian governing bodies. 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 determine the appropriate distribution of funds
not allocated through the formula funding process described above.
Indian governing bodies, however, will not receive a formula ranking,
and will not be eligible to compete for additional formula allocations
based upon lead burden calculations. All remaining funds will be
treated as ``formula funds.''
States, base Territories and the District of Columbia with funding
requirements exceeding their base allotments can be given apportioned
additional sums (``formula funds'') based upon their relative lead
burden and the progress they have made toward establishing a training,
certification, and accreditation program. In calculating the lead
burden for the formula rankings, EPA will use readily available data
derived from the 1990 Census of Population and Housing, together with
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
[[Page 28473]]
State. Two of these factors, the number of housing units with lead-
based paint and the number of children under age 6, 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, base Territory, and
the District of Columbia is scored independently for each factor, and
the four individual factor scores for the State, base Territory, or the
District of Columbia are then summed to obtain an overall score for
that applicant (a combined factor score). The combined factor scores of
all States, base Territories, or the District of Columbia 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, base Territory, or District of Columbia's score is
then calculated. When the total formula funding available is then
multiplied by the percentage score of an individual State, Territory or
District of Columbia, the applicant's ceiling formula allotment can be
obtained. For example, assume that $10,000,000 are available and (1)
all 50 States but none of the base Territories or the District of
Columbia applies for formula allotments, (2) State X has a percentage
score of 2 percent, and (3) a total of $5,000,000 in formula funding is
available. In determining how much money to allot to State X, EPA would
multiply $5,000,000 by .02. The product, $100,000, 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
$200,000 in total funding for the fiscal year ($100,000 in base funding
+ $100,000 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.
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) debarment and suspension
certification, (3) disclosure of lobbying activities, and (4) 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 or an
update of an existing schedule from a previous funding year with
updated work products or deliverables. This year, the State must also
include a statement in their proposal that describes how the State will
be able to develop and implement a lead training, accreditation and
certification program for EPA approval by August 31, 1998.
Work programs are to be negotiated between applicants and their EPA
regional offices to ensure that both EPA and State priorities can be
addressed. Any application from a State, Territory, the District of
Columbia or Indian governing body without an authorized program must
demonstrate how the proposed activities will lead to that State's
pursuit of authorization. Also, 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 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. After the formula funding
calculations are determined and the funds are transferred to the
appropriate EPA Regional account, the lead Regional Office will contact
the Applicant and discuss the final award allotment. EPA Regional
Offices may require the Applicant to modify their proposed workplan and
cooperative agreement based upon the final grant allotment.
EPA reserves the right, in negotiating the cooperative agreement,
to delete budget items that, in its judgement, are not necessary for
the direct support of program purposes, and to request the grantee to
redirect the deleted sums to other acceptable purposes or make a
corresponding reduction in the funding request.
The cooperative assistance shall be used solely for the purpose
described in the applicant's approved implementation plan and the
budget, including any changes that may be negotiated and adopted in the
cooperative agreement.
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) 566-2084 (Gerallyn Valls)
Region IV: (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), 100 Alabama St., SW., Atlanta, GA
30303. Telephone: (404) 562-8998 (Rose Anne 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), ARTD/RENV, 726
[[Page 28474]]
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) 744-1094
(Harold Rush)
Region X: (Alaska, Idaho, Oregon, Washington), Solid Waste and Toxics
Unit (WCM-128), 1200 Sixth Ave., Seattle, WA 98101. Telephone: (206)
553-1985 (Barbara Ross)
The deadline for EPA's receipt of final FY97 applications is June
23, 1997. 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 FY97 agreements must be executed
no later than September 30, 1997.
List of Subjects
Environmental protection, Cooperative Agreements, Lead, Training
and accreditation.
Dated: May 16, 1997.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 97-13642 Filed 5-22-97; 8:45 am]
BILLING CODE 6560-50-F