[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Pages 66531-66534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32072]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6196-4]
State and Tribal Environmental Justice Grants Program Request for
Applications Guidance FY 1999; Purpose of Notice
The purpose of this notice is to solicit applications from eligible
candidates under the State and Tribal Environmental Justice (STEJ)
Grants Program, sponsored by the U.S. Environmental Protection Agency,
Office of Environmental Justice.
For FY 1998, EPA awarded five STEJ grants totaling $500,000 to (4)
states and (1) tribe. A list of the recipients and their project
descriptions are provided in Appendix F.
For FY 1999, EPA expects to once again award a total of $500,000 to
states and tribes to demonstrate how to effectively address
environmental justice issues and comply with Title VI of the 1964 Civil
Rights Act. A maximum of $100,000 will be awarded to each recipient,
contingent upon the availability of funds. A total of five grants are
expected to be awarded. The standard project and budget periods are for
one year. The grantee can request that the project and budget periods
be extended up to three years, with the total budget of $100,000
provided during the first year. This guidance outlines the purpose,
authorities, eligibility, and general procedures for application and
award of the FY 1999 STEJ Grants.
The application must be postmarked no later than Friday, February
26, 1999.
Grants Program Overview
The State and Tribal Environmental Justice (STEJ) Grants Program
was created to provide financial assistance to state and tribal
environmental departments that are working to address environmental
justice issues. With the increased interest in Title VI of the Civil
Rights Act of 1964, EPA is seeking, through this assistance program, to
support individual state's and tribe's efforts to effectively comply
with Title VI in their environmental programs and/
[[Page 66532]]
or establish an environmental justice program.
A. Program Goals
The STEJ Grants Program is intended to assist states and tribes in
ultimately achieving the following environmental justice goals and
objectives:
Enhance the state or tribal government's effectiveness in
complying with Title VI of the Civil Rights Act of 1964.
Reduce or prevent disproportionately high and adverse
human health or environmental effects on low-income communities and/or
minority communities.
Integrate environmental justice goals into a state's or
tribe's policies, programs, and activities.
Provide financial and technical resources to develop an
enabling infrastructure at the state/local community level and tribal/
tribal community level.
Set up model programs to address enforcement and
compliance issues in affected environmental justice (EJ) communities.
Integrate measurable EJ goals within the annual
Performance Partnership Agreements (PPAs) and Memorandums of
Understandings (MOUs) between a state and EPA, or integrate measurable
EJ goals within the Tribal Environmental Agreements (TEAs).
Improve public participation in the decision-making
processes (e.g. permitting processes, development of regulations and
policies)
B. Background on Environmental Justice
EPA considers Environmental Justice to be the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, culture, or income with respect to the development,
implementation, enforcement and compliance of environmental laws,
regulations, and policies. Fair treatment means that no groups of
people, including racial, ethnic, or socioeconomic groups, should bear
a disproportionate share of negative environmental consequences
resulting from industrial, municipal, and commercial operations or the
execution of federal, state, local and tribal programs and policies.
On February 11, 1994, President Clinton issued Executive Order (EO)
12898, ``Federal Actions To Address Environmental Justice in Minority
Populations and Low-Income Populations'' (Appendix A). Environmental
Justice focuses attention on the need to ensure environmental
protection for all, and to empower those most often disenfranchised
from the decision-making process, the low-income and/or minority
communities.
C. Background on Title VI
Title VI states:
No person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
The Presidential memorandum accompanying EO 12898 directs Federal
agencies to ensure compliance with the nondiscrimination requirements
of Title VI for all Federally-funded programs and activities that
affect human health or the environment.
Title VI itself prohibits intentional discrimination. The Supreme
Court has ruled, however, that Title VI authorizes Federal agencies,
including EPA, to adopt implementing regulations that prohibit
discriminatory effects. Frequently, discrimination results from
policies and practices that are neutral on their face, but have the
effect of discriminating. Facially-neutral policies or practices that
result in discriminatory effects violate EPA's Title VI regulations
unless it is shown that they are justified and that there is no less
discriminatory alternative. (See Appendix B for additional information
on Title VI).
Eligible Applicants and Activities
D. Who May Submit An Application?
Any state or tribal agency that manages, or is eligible to manage,
an EPA program, which has an expressed interest in working with
community-based grassroots organizations and other environmental
justice stakeholders to address environmental justice concerns in
communities. EPA requests that only one application be submitted from
each state or tribe interested in receiving assistance. The project can
be a partnership involving more than one state department, or if from a
tribe, more than one tribal department. The project may also involve a
consortium of state or tribal governments. The degree of support
provided by top government officials from either the state or tribe
will be an important factor in the selection process.
E. May an Individual or Organization Apply?
No. Only a state or federally-recognized tribal government may
apply. However, the applying states or tribes should work with
community-based grassroots organizations when developing their
proposals. Preference may be given to the states or tribes who involve
community-based grassroots organizations in the development of their
proposals.
F. What Types of Projects are Eligible for Funding?
Funds are to be used for activities authorized by the appropriate
statutory provisions listed in paragraph G below, to accomplish one or
both of the following:
1. The development or enhancement of a program to work directly
with communities to improve the state's or tribe's compliance with
Title VI of the Civil Rights Act of 1964 in the development and
implementation of environmental programs.
Example 1: Create a review team to analyze the state's or
tribe's future conduct or action to help ensure its environmental
programs have no discriminatory environmental or human health
effects based on race, color, or national origin.
Example 2: Demonstrate how to establish an appropriate
enforcement program for disproportionately affected communities; and
create meaningful community participation opportunities throughout
enforcement & compliance activities [e.g. from the time of initial
Notice of Violations to final agency enforcement decisions.]
2. The development of a model state or tribal environmental justice
executive order, strategic plan, and/or conduct studies, analyses, and
training in the development of a state or tribal environmental justice
program.
Preferences
Preference may be given to the states or tribes which have not
received a STEJ grant in the past and which include the following in
their application:
(1) A description of how environmental justice/community-based
grassroots organizations were involved in the development of the
proposal, and
(2) Identification of the matching or cost sharing funds to be
provided by the state or tribe for the project.
G. What are the Statutory Authorities for the Grants?
The State and Tribal Environmental Justice Grants are for
multimedia environmental justice activities. For this reason, each
project must include activities which are authorized by two or more of
the following environmental statutes.
a. Clean Water Act, Section 104(b)(3): conduct and promote the
coordination of research, investigations, experiments, training,
demonstration, surveys, and studies relating to the causes, extent,
prevention, reduction, and elimination of water pollution.
b. Safe Drinking Water Act, Sections 1442(c)(3): develop, expand,
or carry out a program (that may combine training,
[[Page 66533]]
education, and employment) for occupations relating to the public
health aspects of providing safe drinking water.
c. Solid Waste Disposal Act, Section 8001(a): conduct and promote
the coordination of research, investigations, experiments, training,
demonstrations, surveys, public education programs, and studies
relating to solid waste management and hazardous waste management.
d. Clean Air Act, Section 103(b)(3): conduct and promote the
coordination and acceleration of research, investigations, experiments,
demonstrations, surveys, and studies related to the causes, effects
(including health and welfare effects), extent, prevention, and control
of air pollution.
e. Toxic Substances Control Act, Section 10(a): conduct research,
development, and monitoring activities on toxic substances.
f. Federal Insecticide, Fungicide, and Rodenticide Act, Section
20(A): conduct research on pesticides.
g. Comprehensive Environmental Response, Compensation, and
Liability Act, Section 311(c): conduct research related to the
detection, assessment, and evaluation of the effects on, and risks to,
human health from hazardous substances.
h. Marine Protection, Research, and Sanctuaries Act, Section 203:
conduct research, investigations, experiments, training,
demonstrations, surveys, and studies relating to the minimizing or
ending of ocean dumping of hazardous materials and the development of
alternatives to ocean dumping.
H. What Regulations Apply to these Grants?
The STEJ Grants will be governed by 40 CFR Part 31, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State, Local, and Tribal Governments, and OMB Circular A-87. Note, in
particular, that there are restrictions on the used of grant funds for
lobbying and that grant funds may not be used for intervention in
federal regulatory or adjudicatory proceedings.
Funding
I. Are Matching Funds Required?
Matching funds are not required, but are encouraged. EPA may give
preference to those states or tribes which provide matching funds,
since this would demonstrate a greater commitment.
Application Requirements
J. What is Required for Applications?
In order to be considered for funding under this program, proposals
must have the following:
1. Application for Federal Assistance (SF 424) the official form
required for all federal grants that requests basic information about
the grantee and the proposed project. The applicant must submit the
original application, and one additional copy, signed by a person duly
authorized.
2. Federal Standard Form (SF 424A) and budget detail, which
reflects the total budget for the entire duration of the project.
Budget figures/projections should support your work plan/narrative. The
EPA portion of these grants will not exceed $100,000, therefore your
budget should reflect this upper limit on federal funds.
3. Signed ``Certification Regarding Debarment, Suspension, and
Other Responsibility Matters'' form, and ``Certification Regarding
Lobbying'' form, which can be found in Appendix C.
4. Narrative/work plan of the proposal. A narrative/work plan
describes the applicant's proposed project. The pages of the work plan
must be letter size 8 \1/2\'' x 11''), with normal type size (12 cpi),
and at least 1'' margins. The narrative/work plan should be no more
than five pages.
The narrative/work plan must describe:
a. whether one or both of the Eligible Projects, as defined in
Section F, are being proposed,
b. how the proposed project will meet the Program goals, as
described in Section A,
c. how the project addresses issues related to at least two of the
environmental statutes listed in Section G, and
d. discuss how the project will be evaluated, what will be the
measures of success, and describe how the project/program will be
sustained.
5. A letter of commitment from the department head or government
head (e.g., governor, president, chairperson, chief).
6. State and Tribal applicants should establish working
relationships with local community-based organizations in developing
their proposals.(*) A list of the organizations who participated in the
development of the grant proposal, along with contact names and
numbers, is required.(*) Many community-based organizations across the
nation have already begun implementing environmental justice programs
at the local level, which states and tribes may want to use as examples
to help build their environmental justice programs. By asking those who
are most impacted by environmental injustices to participate in
building the state's or tribe's environmental justice program, the
states and tribes will be more likely to obtain broad support for the
concept and the partnership it reflects.
K. When and Where Must Applications Be Submitted?
The applicant must submit one signed original application with the
required attachments and one additional copy to the primary contact of
the appropriate EPA regional office (see page 8 and Appendix D). The
application must be postmarked no later than Friday, February 26, 1999.
Process for Awarding Grants
Proposals are to be developed by states or tribes (EPA encourages
the involvement of community-based/grassroots organizations) and
submitted to their respective EPA Regional Offices. The initial review
will be conducted by each Region through a Regional panel, which will
select the top proposals for submission to EPA Headquarters, for final
review and selection. The grants will be processed for award and
managed by the Regions. The plan is to fund the five best State and/or
Tribal Environmental Justice project proposals.
Note: Among the proposals receiving the highest rating, EPA may
take into account the geographic location and diversity of the
proposed projects when making final selections.
STEJ Grant Program Schedule
Dec.11--February 26: States and Tribes Develop Proposals and Submit
to EPA Regions.
March 1--April 9: EPA Regions Review Proposals and Provide
Recommendations to Headquarters.
April 12--May 14: OEJ Headquarters Convenes Review Panel and
Receives Recommendations.
May 17--June 4: Headquarters Completes Selections and Submits Final
Selections to EPA Regional Offices.
June 7--Aug. 9: EPA Regional Grants Management Offices Process
Applications and Award Grants.
September 1: National and Regional Announcements of Awards.
Reporting
State and Tribal agencies that are awarded the State and Tribal
Environmental Justice (STEJ) grants will be required to submit semi-
annual reports, in accordance with 40 CFR 31.40 and 31.41, to the
appropriate Regional Environmental Justice
[[Page 66534]]
Coordinator and Project Officer. Reports will include, but not be
limited to, information on:
Funds expended.
Tasks accomplished.
Issues/problems encountered and method of resolution.
Results achieved.
A final summary report is required by 40 CFR section 31.40(b) at
the end of the project period. This final report should include a
discussion on the continuation and institutionalization of the state's
and/or tribe's efforts to comply with Title VI and/or provide for
environmental justice.
* * * If you have any questions regarding the interpretation of
this guidance, please call your regional contact listed below, or
Daniel Gogal, STEJ Grants Manager, Office of Environmental Justice, at
(202) 564-2576 or 1-800-962-6215. * * *
EPA Regional STEJ Contact Names and Addresses
Region I: Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont.
Primary Contact: Ronnie Harrington (617) 918-1703, USEPA Region 1,
One Congress Street, Suite 1100 (SAA), Boston, MA 02114.
Secondary Contact: Pat O'Leary (617) 918-1978.
Region II: New Jersey, New York, Puerto Rico, U.S. Virgin Islands.
Primary Contact: Melva Hayden (212) 637-5027, USEPA Region II, 290
Broadway, 26th Floor, New York, NY 10007.
Secondary Contact: Doug Roberts (212) 637-3408.
Region III: Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia.
Primary Contact: Reginald Harris (215) 814-2988, USEPA Region III
(3DA00), 841 Chestnut Building, Philadelphia, PA 19107.
Secondary Contact: Mary Zielinski (215) 814-5415.
Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee.
Primary Contact: Gloria Love (404) 562-9672, USEPA Region IV, 61
Forsyth Street, Atlanta, GA 30303.
Secondary Contact: Connie Raines (404) 562-9671.
Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
Primary Contact: Ethel Crisp (312) 353-1442, USEPA Region V, 77
West Jackson Boulevard (DM-7J), Chicago, IL 60604-3507.
Secondary Contact: Karla Johnson (312) 886-5993.
Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, Texas.
Primary Contact: Shirley Augurson (214)665-7401, USEPA Region VI
(6E-N), 1445 Ross Avenue, 12th Floor, Dallas, TX 75202-2733.
Secondary Contact: Teresa Cooke (214) 665-8145.
Region VII: Iowa, Kansas, Missouri, Nebraska.
Primary Contact: Althea Moses (913) 551-7649 or 1-800-223-0425,
USEPA Region VII, 726 Minnesota Avenue, Kansas City, KS 66101.
Secondary Contact: Kim Olson (913) 551-7539.
Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming.
Primary Contact: Marcella Devargas (303) 312-6161, USEPA Region
VIII (8ENF-EJ), 999 18th Street, Suite 500, Denver, CO 80202-2466.
Secondary Contact: Elisabeth Evans (303) 312-6053.
Region IX: Arizona, California, Hawaii, Nevada, American Samoa,
Guam.
Primary Contact: Katy Wilcoxen (415) 744-1117, USEPA Region IX
(CMD-6), 75 Hawthorne Street, San Francisco, CA 94105.
Secondary Contact: Willard Chin (415) 744-1204.
Region X: Alaska, Idaho, Oregon, Washington.
Primary Contact: Susan Morales (206) 553-8580, USEPA Region X (OI-
085), 1200 Sixth Avenue, Seattle, WA 98101.
Secondary Contact: Joyce Kelly (206) 553-4029.
Note: To obtain copies of the appendices referenced in this
document, please contact the individuals identified above for a
complete application.
Dated: November 24, 1998.
Robert J. Knox,
Associate Director, Office of Environmental Justice.
[FR Doc. 98-32072 Filed 12-1-98; 8:45 am]
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