[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Notices]
[Pages 43699-43702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21931]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00247; FRL-6021-1]


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.

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SUMMARY: This notice announces EPA's intent to enter into cooperative 
agreements with states, territories, Indian tribes, and the District of 
Columbia which 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. In the past, recipients of the cooperative agreements have 
used the funds to assist in program development and prepare for program 
authorization. A number of states and tribes are making significant 
progress in developing authorizable programs and EPA would like to 
continue to support the development and authorization of these 
programs. These programs and this financial assistance are authorized 
by section 404 of the Toxic Substances Control Act (TSCA). This notice 
describes eligibility criteria, eligible activities, application 
procedures and requirements, and funding criteria. EPA anticipates that 
up to $12.5 million will be available during Federal fiscal year 1998 
(FY 98) for awards to states, Indian tribes, territories, and the 
District of Columbia for the development, implementation and 
administration of EPA-authorized training, accreditation, and 
certification programs. This is the fifth 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 basis to eligible states, territories, Indian tribes and the 
District of Columbia. All cooperative agreements will be administered 
by the appropriate EPA Regional office.

Dates: In order to be considered for funding during the FY 98 award 
cycle, all applications must be received by the appropriate EPA 
Regional office on or before September 14, 1998. EPA will make its 
award decisions and execute its FY 99 cooperative agreements by 
September 30, 1998.

FOR FURTHER INFORMATION CONTACT: For general information, contact: 
Susan B.

[[Page 43700]]

Hazen, Director, Environmental Assistance Division (7408), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 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: Section 404(g) of TSCA authorizes EPA to 
award non-matching cooperative agreements to states, territories, the 
District of Columbia and eligible Indian tribes to develop and carry 
out authorized programs to ensure that individuals engaged in lead-
based paint activities are properly trained; that training programs are 
accredited; and that contractors engaged in such activities are 
certified.
    Although EPA's goal is to have approved programs in all states, the 
District of Columbia, and a large number of territories and Indian 
tribes, the Agency and Congress anticipated that there will be a number 
of states, territories, and Indian tribes that will not seek program 
authorization. The Agency's FY 98 appropriation provides EPA with the 
authority to use FY 98 section 404(g) funds to directly implement a 
Federal program for non-authorized states, territories, Indian tribes, 
and the District of Columbia.
    Pursuant to Title IV of TSCA, EPA encourages states, territories, 
the District of Columbia, and Indian tribes to seek authorization of 
their own training, accreditation, and certification programs for lead-
based paint activities. EPA therefore recommends that parties seek 
funding through the TSCA Title IV section 404(g) assistance program, 
which is now being implemented to help achieve these ends. EPA further 
recommends that parties plan to utilize this cooperative agreement 
support in a way that complements any related financial assistance they 
may receive from other Federal sources. EPA will seek to ensure that 
all Federally-funded lead activities are undertaken in a coordinated 
fashion. In addition, recipients must comply with the requirements of 
40 CFR 31.25 with respect to program income.

I. Eligibility

    States, territories, the District of Columbia, and Indian tribes 
that meet the criteria at 40 CFR 745.330 are eligible to apply for 
financial assistance under this cooperative agreement program. However, 
awarding of funds will be based upon the progress in developing an 
approvable program, including implementing regulations. Failure to make 
satisfactory progress towards program authorization may result in a 
state, territory, Indian tribe or the District of Columbia not 
receiving funding. The EPA Regional offices will have sole discretion 
with respect to determining whether sufficient progress is being made 
by a given state, territory, Indian tribe and/or the District of 
Columbia towards the development and implementation of a program under 
TSCA Title IV.
    In order for Indian tribes to be eligible for financial assistance 
under this program, the Indian tribes must demonstrate that they meet 
the criteria at 40 CFR 745.330. Pursuant to 40 CFR 735.330, as amended 
in 1998, the Administrator may treat a Tribe as eligible to apply for a 
TSCA section 404(g) grant if the Tribe:
    (a) Is recognized by the Secretary of Interior.
    (b) Has an existing government exercising substantial governmental 
duties and powers.
    (c) Has adequate authority to carry out the grant activities.
    (d) Is reasonably expected to be capable, in the Administrator's 
judgment, of administering the grant program.
If the Administrator has previously determined that an Indian tribe has 
met the prerequisites in Sec. 745.330(a) and (b) for another EPA 
program, the Tribe need only provide that information unique to the 
TSCA 404(g) grant program required by Sec. 745.330(d).

II. Authority

    The ``TSCA Title IV State Lead Cooperative Agreement Program'' is a 
financial assistance program administered by EPA under the authority of 
section 404(g) of TSCA. Each of EPA's 10 Regional Administrators has 
been delegated the authority to enter into cooperative agreements with 
eligible states, territories, Indian tribes, and the District of 
Columbia.

III. Activities to be Funded

    Over the past 4 years, EPA has provided financial assistance to the 
states, territories, Indian tribes, and the District of Columbia aimed 
at the development, implementation, and enforcement of authorized 
programs as outlined under the Final Lead 402/404 rule. The primary 
focus of the FY 99 cooperative agreements will be on the 
implementation, administration, and enforcement of approved programs. 
However, states, territories, the District of Columbia, and Indian 
tribes that do not have authorized programs may still receive 
cooperative agreements for the continued development of lead-based 
paint certification and accreditation programs.
    Examples of eligible activities include: maintain, improve and/or 
develop the appropriate infrastructure to administer and enforce a 
program; oversee accredited training programs; implement a compliance 
assistance program; and implement the timely training of enforcement 
inspectors. The ``State, Territory, District of Columbia and Tribal 
Cooperative Agreement Guidance for FY 1998'' (Guidance) issued by the 
Agency in December of 1997 and revised in July of 1998, provides a list 
of eligible activities organized by funding priority. Copies of the 
Guidance may be obtained by contacting the appropriate Regional Primary 
Lead Contact person listed in Unit IV. of this Notice. Although the 
list in the final Guidance is not exhaustive, the Agency will place 
more emphasis on the items marked high priority.

IV. Allocation of Funds

    The allocation of funds process has been designed to transfer the 
funds from the EPA Headquarters Office to the EPA Regional Offices. EPA 
Regional Offices will have discretion in the distribution of the TSCA 
section 404(g) funds outlined in this notice.
    For the FY 98 funding cycle, $100,000 of funds will be set aside 
for each of the 10 EPA Regional offices (total $1.0 million). These 
funds are primarily intended to provide each Region with the means of 
awarding funds to states, territories, Indian tribes and/or the 
District of Columbia based upon program progress and quality. The 
Regional offices will also have the discretion to use these dollars for 
the direct implementation of the Federal program within the Region.
    For FY 98 funding, EPA is allocating up to $1.5 million for Indian 
Tribes who have either received authorization for a Tribal lead-based 
paint activities program or have made substantial progress towards the 
development of a lead-based paint activities program. EPA expects to 
issue an additional Notice of Funds Availability for Indian Tribes who 
are in the initial developmental stages of a lead-based paint 
activities program. Tribes that have received grants in previous years 
and receive funding under this notice will not be eligible to receive 
funding under the subsequent notice.
    Each Indian tribe that submits a qualifying proposal and is making 
sufficient progress towards implementation of an approvable training, 
accreditation, and certification

[[Page 43701]]

program will be entitled to a base funding level of $50,000 with the 
exception of the Navajo and Cherokee Nations which are entitled to a 
base funding level of $75,000. Eligible Indian tribes may also apply 
for funding above the base level. Distribution of the Indian tribe 
funds above the base funding level will be dependent upon the number of 
qualified applicants, program progress, tribal population, and other 
factors as appropriate. Any of the Indian funds remaining after the 
awarding of cooperative agreements to qualified Indian tribes will be 
included in the formula pool.
    The Agency will use a two-tiered system to calculate how the 
remaining $10.0 million of cooperative agreement funds will be 
distributed to the Regional Offices for subsequent distribution to 
eligible state, territory, and the District of Columbia applicants (and 
for direct implementation by the EPA Regional offices where 
appropriate). This system is aimed at providing a base funding level 
for each qualified applicant (and for direct implementation by the EPA 
Regional offices where appropriate), 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, based upon the relative 
lead burden estimated to exist within a state, territory, and the 
District of Columbia.
    Each state and the District of Columbia that submits a qualifying 
proposal to the Regions and is making sufficient progress towards 
implementation of an approvable training, accreditation, and 
certification program will receive a base funding allotment of 
$100,000. Each territory that submits a qualifying proposal to the 
Region and is making sufficient progress towards implementation of an 
approvable training, accreditation, and certification program will 
receive a $50,000 base. For FY 98 funding, each EPA Regional office 
will receive a base level funding of $25,000 for direct implementation 
of a Federal program for each state, the District of Columbia, the 
Commonwealth of Puerto Rico, Virgin Islands, Guam, and America Samoa 
within the Region which does not submit an application and/or receive a 
cooperative agreement under this funding program. Any unsubscribed base 
funding will be added to the formula funds pool.
    States, territories, and the District of Columbia with funding 
requests 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. All 50 states, the District 
of Columbia, the Commonwealth of Puerto Rico, Virgin Islands, Guam, and 
America Samoa will be used to calculate the formula distribution; funds 
will then be transferred to the Regions for distribution. Formula funds 
for states, territories, and the District of Columbia which are not 
funded under this cooperative agreement program will be distributed to 
the appropriate Regional office for use in the direct implementation, 
administration, and enforcement of the Federal 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 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, territory, and the District of Columbia. 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, territory, and the 
District of Columbia is scored independently for each factor, and the 
four individual factor scores for the state, 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, territories, or the District of Columbia applying for formula 
funds are then summed, and the percentage of the total sum represented 
by each applicant's score is then identified. When the total formula 
funding available is then multiplied by the applicant's percentage 
score, the applicant's formula allotment can be obtained.
    After funding levels (base and formula) are determined for each 
state, territory, Indian tribe, and the District of Columbia, the funds 
will be pooled for each Region and transferred in bulk to the 
respective Regional accounts. The Regions will be responsible for 
awarding the cooperative agreements. The Regions will exercise 
discretion in distributing funds based upon progress made towards 
implementation of the TSCA sections 402/404 programs, including the 
focus on high program priorities listed in the FY 98 Guidance. EPA 
Regions will have the discretion in their evaluation of how well an 
applicant applies and meets the criteria, such as program progress, 
outlined in this notice.

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 plan, 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 of 
the work plan.
    Work plans are to be negotiated between applicants and their EPA 
Regional offices to ensure that priorities are adequately addressed. 
Any application from a state, territory, Indian tribe, or the District 
of Columbia that is not making sufficient progress towards 
implementation of an approvable training, accreditation and 
certification program may not be accepted. 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 Title IV cooperative agreements will be 
administered at the Regional level, these consultations can be critical 
to the ultimate success of the project or program. After the formula 
funding calculations are determined and the funds are transferred to 
the appropriate

[[Page 43702]]

EPA Regional account, the Regional Primary Lead Contact person will 
contact the applicant and discuss the final award. EPA Regional Offices 
may require the applicant to modify its proposed work plan and 
cooperative agreement based upon the final funding level of the 
cooperative agreement.
    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 applicant to 
redirect the deleted sums to other acceptable purposes or make a 
corresponding reduction in the cooperative agreement request.
    The cooperative agreement 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, Maine, Massachusetts, New Hampshire, Rhode 
Island, and Vermont), JFK Federal Building, One Congress St., Boston, 
MA 02203. Telephone: (617) 565-3836 (Jim Bryson)
Region II: (New Jersey, New York, Puerto Rico, and the 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, 
and the 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, and Tennessee), 61 Forsyth St., SW., Atlanta, 
GA 30303. Telephone: (404) 562-8998 (Rose Anne Rudd)
Region V: (Illinois, Indiana, Michigan, Minnesota, Ohio, and 
Wisconsin), DRT-8J, 77 W. Jackson St., Chicago, IL 60604. Telephone: 
(312) 886-7836 (David Turpin)
Region VI: (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas), 12th 
Floor, 1445 Ross Ave., Dallas, TX 75202. Telephone: (214) 665-7577 
(Jeff Robinson)
Region VII: (Iowa, Kansas, Missouri, and Nebraska), ARTD/RENV, 726 
Minnesota Ave., Kansas City, KS 66101. Telephone: (913) 551-7518 
(Mazzie Talley)
Region VIII: (Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming), 999 18th St., Suite 500, Denver, CO 80202. Telephone: (303) 
312-6021 (David Combs)
Region IX: (Arizona, California, Hawaii, Nevada, American Samoa, and 
Guam), 75 Hawthorne St., San Francisco, CA 94105. Telephone: (415) 744-
1094 (Harold Rush)
Region X: (Alaska, Idaho, Oregon, and 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 FY 98 applications is 
September 14, 1998. Once the application deadline has passed, EPA will 
process the formula funding calculations and determine the initial 
formula ceiling allocations.

List of Subjects

    Environmental protection, Grants, Lead, Training, and 
Accreditation.

    Dated: August 10, 1998.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 98-21931 Filed 8-13-98; 8:45 am]
BILLING CODE 6560-50-F