[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Notices]
[Pages 13140-13143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6850]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-7161-5]


Beaches Environmental Assessment and Coastal Health Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability of grants for development of coastal 
recreation water monitoring and public notification under the Beaches 
Environmental Assessment and Coastal Health Act.

-----------------------------------------------------------------------

SUMMARY: The Beaches Environmental Assessment and Coastal Health Act 
(BEACH Act) signed into law on October 10, 2000, amends the Clean Water 
Act (CWA) to reduce the risk of disease to users of the Nation's 
recreational waters. The BEACH Act authorizes the U.S. Environmental 
Protection Agency (EPA) to award program development and implementation 
grants to eligible States, Territories, Tribes, and local governments 
to support microbiological testing and monitoring of coastal recreation 
waters, including the Great Lakes, that are adjacent to beaches or 
similar points of access used by the public. BEACH Act grants also 
provide support for development and implementation of programs to 
notify the public of the potential exposure to disease-causing 
microorganisms in coastal recreation waters. EPA encourages coastal 
States and Territories to apply for BEACH Act Grants for Program 
Development (referred to as Development Grants) to develop effective 
and comprehensive coastal recreation water monitoring and public 
notification programs.

DATES: Submit your application on or before May 20, 2002.

ADDRESSES: You must send your application to the appropriate Regional 
Grant Coordinator listed in this document under SUPPLEMENTARY 
INFORMATION, section VII.

FOR FURTHER INFORMATION CONTACT: Charles Kovatch, 202-260-3754.

SUPPLEMENTARY INFORMATION:

I. Grant Program

What Is the Statutory Authority for the Development Grants?

    The statutory authority for BEACH grants is section 406(b) of the 
CWA as amended by the BEACH Act, Public Law 106-284, 114 Stat. 970 
(2000). It provides in part: ``The Administrator may make grants to 
States and local governments to develop and implement programs for 
monitoring and notification for coastal recreation waters adjacent to 
beaches or similar points of access that are used by the public.''

What Activities Are Eligible for Funding Under the Development Grants 
in Fiscal Year 2002?

    In Fiscal Year 2002, EPA intends to award grants authorized under 
the BEACH Act to support the continued development of coastal 
recreation water monitoring and public notification programs to meet 
program elements under the BEACH Act. EPA encourages grantees to use 
these funds to test various approaches for meeting BEACH Act program 
requirements. As required by the BEACH Act, EPA expects to publish 
performance criteria for implementation of coastal recreation water 
monitoring and public notification programs by April 2002. In fiscal 
year 2003 and beyond, if funds are appropriated to support these 
programs, EPA expects to make grants to also support implementation of 
monitoring and notification programs that are consistent with the 
statutory requirements for implementation grants, which include 
consistency with EPA's performance criteria.

II. Funding and Eligibility

Who Is Eligible To Apply for Development Grants Under this Federal 
Register Document?

    Coastal and Great Lake States are eligible for development grants 
in FY 2002 to develop monitoring and notification programs. The term 
``State'' is defined in section 502 of the CWA to include the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, and 
the Trust Territory of the Pacific Islands. However, the Trust 
Territory of the Pacific Islands no longer exists. The Marshall 
Islands, the Federated States of Micronesia, and Palau, which were 
previously entities within the Trust Territory of the Pacific Islands, 
have entered into Compacts of Free Association with the Government of 
the United States. As a result, each is now a sovereign, self-governing 
entity and, as such, is no longer eligible to receive grants as a 
Territory or possession of the United States.

Are Local Governments Eligible for Funding?

    The BEACH Act authorizes EPA to make a grant to a local government 
for implementation of a monitoring and notification program only if, 
after the one-year period beginning on the date of publication of 
performance criteria, EPA determines that the State is not implementing 
a program that meets the requirements of section 406 of the Act. EPA 
expects to publish performance criteria in April 2002, and therefore 
expects April 2003 as the earliest date for local governments to be 
eligible for beach grants.

Are Tribal Governments Eligible for Funding?

    Section 518(e) of the CWA authorizes EPA to treat eligible Indian 
Tribes in the same manner as States for the purpose of receiving CWA 
section 406 grant funding. In order to receive BEACH Act grant funds a 
Tribe must have coastal recreation waters for which water quality 
standards have been established under the CWA. There are currently no 
Tribes that have met this requirement. In addition, a Tribe must meet 
the ``treatment in the same manner as a State'' criteria under CWA 
section 518(e) to receive grant funds under section 406 of the CWA.

How Much Funding Is Available?

    For Fiscal Year 2002, EPA expects to award approximately $10 
million in Development Grants to eligible States and Territories.

How Will the Funding Be Allocated?

    For this second year of the Development Grants, EPA expects to 
award grants to all eligible States and Territories who apply for 
funding based on an allocation formula. In developing this formula EPA 
consulted with various States, the Coastal States Organization, and 
Association of State and Interstate Water Pollution Control 
Administrators (ASIWPCA). This formula uses three factors that are 
readily available and verifiable: (1)

[[Page 13141]]

Length of beach season, (2) miles of beach and (3) number of people 
that use the beaches.
(1) Beach Season Length
    Beach season length was selected as a factor since it determines 
the part of the year that a government would conduct its monitoring 
program. The longer the beach season, the more resources that a 
government would need to conduct monitoring. EPA's information on the 
length of a beach season was obtained from the National Health 
Protection Survey of Beaches for the States or Territories that 
reported information. The beach season for American Samoa, Oregon, 
Puerto Rico, and Northern Mariana Islands was estimated based on season 
reported by nearby States and Territories. The beach season for Alaska 
was estimated based on air and water temperature, available information 
on recreation activities, and data from the 1993 National Water Based 
Recreation Survey. EPA grouped the States and U.S. Territories into 
four categories of beach season lengths:

------------------------------------------------------------------------
                                               The beach season category
               For beaches in--                          is--
------------------------------------------------------------------------
Alaska......................................   3 months.
Connecticut, Delaware, Illinois, Indiana,     3--4 months.
 Maine, Maryland, Massachusetts, Michigan,
 Minnesota, New Hampshire, New Jersey, New
 York, Ohio, Oregon, Pennsylvania, Rhode
 Island, Virginia, Washington, Wisconsin.
Alabama, Georgia, Louisiana, Mississippi,     5--6 months.
 North Carolina, South Carolina.
American Samoa, California, Florida, Guam,    9--12 months.
 Hawaii, Northern Mariana, Puerto Rico,
 Texas, U.S. Virgin Islands.
------------------------------------------------------------------------

(2) Beach Miles
    Miles of beach was selected as a factor because it determines the 
geographical extent over which a government would conduct monitoring. 
The longer the miles of beaches, the more resources a government would 
need to conduct monitoring. For this second year of Development Grants, 
EPA is using shoreline miles as a surrogate rather than beach miles 
because beach miles are not available for all beaches in the 35 
eligible States and Territories. EPA discussed the drawbacks of using 
this surrogate factor with States on a conference call on December 11, 
2001 BEACH Act grantees, however, must identify their beaches as a 
condition of their grants; therefore in future years, EPA will be able 
to measure and thus use beach miles rather than shoreline. Because the 
BEACH Act grants for 2001 were awarded only recently, States have yet 
to identify lists of coastal recreation waters in the State. Thus, as a 
practical matter, EPA could not use beach miles in the allocation 
formula for FY 2002 grants. Instead, for FY 2002 grants, EPA used the 
NOAA publication The Coastline of the United States to quantify the 
shoreline miles.
(3) Beach Use
    Beach use was selected as a factor because it reflects the 
importance of beach-related tourism to the local economy. The greater 
use a beach receives, the more likely a government would need to 
conduct increased monitoring because of the larger number of people 
potentially exposed to pathogens. For this second year of Development 
Grants, EPA is using the coastal population of counties that are wholly 
or partially within the State's or Territory's legally defined coastal 
zone as a surrogate, rather than beach usage because information on 
beach visitors is not available for all beaches in the 35 eligible 
States and Territories. EPA also discussed the drawbacks of using this 
surrogate factor with States on a conference call on December 11, 2001. 
Participants on the call were doubtful that EPA could develop a 
consistent, verifiable approach for estimating beach use for all 
beaches, but could not suggest a better way to quantify this factor at 
present. EPA is committed to work with the States and Territories with 
BEACH Act grants to develop a better way to quantify this factor. EPA 
used the 1990 Census data to quantify coastal population because the 
2000 data are not yet available for American Samoa, Guam, Northern 
Mariana Islands, and the U.S. Virgin Islands. EPA will update this 
factor when the 2000 census data are available for all eligible States 
and Territories.
    The grants allocation formula consists of the sum of three parts. 
The first part provides a base amount for all States and Territories 
that varies with the length of the beach season. The second part 
distributes 50% of the total remaining funds ($10 million in FY 2002 
less that used for the beach season length) based on the ratio of 
shoreline miles in a State or Territory to the total length of 
shoreline miles. For example, if a State has 4% of the total coastal 
and Great Lakes shoreline, that State would receive 2% (4% of 50%) of 
the total funds remaining after the funds for the beach season length 
are distributed. The third part distributes 50% of the total remaining 
funds ($10 million in FY 2002 less that used for the beach season 
length) based on the ratio of coastal population in a State or 
Territory to the total coastal population. For example, if a State has 
2% of the total coastal and Great Lakes population, that State would 
receive 1% (2% of 50%) of the total funds remaining after the funds for 
the beach season length are distributed. The following table summarizes 
the allocation formula:

----------------------------------------------------------------------------------------------------------------
            For the factor--                                 The part of the allocation is--
----------------------------------------------------------------------------------------------------------------
Beach season length....................   3 months: $150,000 (States and Territories with a season 3 months
                                          receive season-based funding only.)
                                         3-4 months: $200,000
                                         5-6 months: $250,000
                                         >6 months: $300,000
Shoreline miles........................  50% of funds remaining after allocation of season-based funding.
Coastal population.....................  50% of funds remaining after allocation of season-based funding.
----------------------------------------------------------------------------------------------------------------


[[Page 13142]]

    Based on this allocation formula, the amount of the each State or 
Territory's development grant award in FY 2002 is expected to be from 
$150,000 to $530,893 if all 35 eligible States and Territories apply. 
EPA anticipates that all 35 eligible governments will apply. If fewer 
than 35 States and Territories apply for the allocated amount, then EPA 
will re-allocate these grant funds to those States and Territories that 
applied for the grants using the same formula. If all 35 eligible 
States and Territories apply, the distribution of the $10 million in 
funds for year 2002 will be:

------------------------------------------------------------------------
                                                           The year 2002
             For the State or Territory of--              allocation is--
 
------------------------------------------------------------------------
Alabama.................................................        $263,142
Alaska..................................................         150,000
American Samoa..........................................         302,288
California..............................................         535,643
Connecticut.............................................         226,389
Delaware................................................         211,339
Florida.................................................         530,893
Georgia.................................................         288,490
Guam....................................................         302,775
Hawaii..................................................         325,149
Illinois................................................         248,615
Indiana.................................................         206,670
Louisiana...............................................         383,287
Maine...................................................         259,742
Maryland................................................         276,068
Massachusetts...........................................         260,691
Michigan................................................         287,556
Minnesota...............................................         204,631
Mississippi.............................................         258,028
New Hampshire...........................................         204,918
New Jersey..............................................         285,719
New York................................................         366,030
North Carolina..........................................         306,721
Northern Mariana........................................         303,462
Ohio....................................................         227,879
Oregon..................................................         230,342
Pennsylvania............................................         226,953
Puerto Rico.............................................         335,862
Rhode Island............................................         214,225
South Carolina..........................................         300,253
Texas...................................................         387,957
U.S. Virgin Islands.....................................         303,488
Virginia................................................         282,355
Washington..............................................         274,034
Wisconsin...............................................         228,396
------------------------------------------------------------------------

What is the Expected Duration of the Funding and Project Periods?

    The expected funding and project period for Development Grants 
awarded in FY2002 is one year.

Are Matching Funds Required?

    Recipients are not required to provide matching funds for 
Development Grants awarded under authority of the BEACH Act at this 
time.

What if a State Cannot Use All of Its Allocation?

    If a State or Territory cannot use all of its allocation, the 
Regional Administrator may award the unused funds to any eligible 
coastal or Great Lake grant recipient(s) in the Region for the 
development of their coastal recreation water monitoring and 
notification program. If after this re-allocation, there are still 
unused funds within the Region, EPA-Headquarters will award these funds 
to any eligible coastal or Great Lake grant recipient(s).

III. Grant Condition

    Section 406(c) of the BEACH Act requires that as a condition of 
receipt of any BEACH Act grant, recipients identify the program 
elements listed below. Therefore, EPA will require recipients to 
address each of the following elements in their grant application and 
include the status of their efforts on each element in an annual 
performance report, as required under 40 CFR 31.40:
    (1) Lists of coastal recreation waters in the State, including 
coastal recreation waters adjacent to beaches or similar points of 
access that are used by the public;
    (2) In the case of a State program for monitoring and notification, 
the process by which the State may delegate to local governments 
responsibility for implementing the monitoring and notification 
program;
    (3) The frequency and location of monitoring and assessment of 
coastal recreation waters based on: (A) the periods of recreational use 
of the waters; (B) the nature and extent of use during certain periods; 
(C) the proximity of the waters to known point sources and nonpoint 
sources of pollution; and (D) any effect of storm events on the waters;
    (4)(A) the methods to be used for detecting levels of pathogens and 
pathogen indicators that are harmful to human health; and (B) the 
assessment procedures for identifying short-term increases in pathogens 
and pathogen indicators that are harmful to human health in coastal 
recreation waters (including increases in relation to storm events);
    (5) Measures for prompt communication of the occurrence, nature, 
location, pollutants involved, and extent of any exceeding of, or 
likelihood of exceeding, applicable water quality standards for 
pathogens and pathogen indicators to EPA and a designated official of 
the local government having jurisdiction over land adjoining the 
coastal recreation waters for which the failure to meet applicable 
standards is identified; EPA has determined that this information may 
be submitted to the Agency in any form so long as it includes the 
required information;
    (6) Measures for the posting of signs at beaches or similar points 
of access, or functionally equivalent communication measures that are 
sufficient to give notice to the public that the coastal recreation 
waters are not meeting or are not expected to meet applicable water 
quality standards for pathogens and pathogen indicators; and
    (7) Measures that inform the public of the potential risks 
associated with water contact activities in the coastal recreation 
waters that do not meet applicable water quality standards.

IV. Additional Eligible Activities

    Recipients may use funds for activities in support of developing a 
beach monitoring and notification program, including:
    (1) Activities to comply with the grant conditions specified in 
section III above;
    (2) Quality assurance and quality control (QA/QC) procedures 
consistent with the requirements under 40 CFR 31.45; to develop and 
implement QA/QC practices for environmentally related measurements or 
data generation sufficient to produce data of quality adequate to meet 
project objectives and to minimize loss of data due to out-of-control 
conditions or malfunctions; and
    (3) Data quality objectives (DQOs), quality assurance project plan 
(QAPP) and standard operating procedures (SOPs) that clarify study 
objectives, define the appropriate type of data, and specify tolerable 
levels of potential decision errors that will be used as the basis for 
establishing the quality and quantity of data needed to support 
decisions.

V. Selection Process

What Criteria Will Be Used to Evaluate Applications and Award 
Development Grants?

    Development Grants will be awarded through a non-competitive 
process by the EPA Regional offices. EPA expects to award grants to all 
eligible State and Territory applicants that meet requirements of the 
BEACH Act as described in this document.

Who Has The Authority to Award Development Grants?

    The Administrator has delegated the authority to award Development 
Grants to the Regional Administrators.

VI. Application Procedure

What Is the Catalog of Federal Domestic Assistance (CFDA) Number for 
the BEACH Program Development Grant?

    The number assigned to the Development Grants is 66.472, Program 
Code CU.

[[Page 13143]]

Can BEACH Act Grant Funds Be Included in a Performance Partnership 
Grant?

    For Fiscal Year 2002, Development Grants cannot be included in a 
Performance Partnership Grant.

What Are The Components of the Application Package?

    The application package should contain completed EPA SF-424 
Application for Federal Assistance and be submitted to the appropriate 
EPA Regional Office by May 20, 2002. Please contact the appropriate EPA 
Regional Office for a complete application package. See Section VII for 
a list of EPA Regional Grant Coordinators or visit the EPA Beach Watch 
Website at www.epa.gov/ost/beaches on the Internet.

Will Quality Assurance and Quality Control (QA/QC) and Other Procedures 
Be Required for Application?

    No. A QA/QC plan is not required for the application, however under 
40 CFR 31.45 a QA/QC plan is required for any environmentally related 
measurements or data generation (e.g. monitoring) performed under the 
grant. (See section IV of this document).

Will There Be Reporting Requirements?

    Recipients must submit annual performance reports and financial 
reports as required in Secs. 31.40 and 31.41.

What Regulations and OMB Cost Circular Will Apply to the Award and 
Administration of These Grants?

    The regulations at 40 CFR part 31 will govern the award and 
administration of grants to States and Territories under section 406 of 
the BEACH Act. Allowable costs will be determined in accordance with 
the cost principles in OMB Cost Circular A-87.

VII. Grant Coordinators

Headquarters--Washington, DC

    Charles Kovatch USEPA, 1200 Pennsylvania Ave. NW--4305, Washington 
DC 20460; T:202-260-3754; F: 202-260-9830; [email protected].

Region I--Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island

    Matt Liebman USEPA Region I, One Congress St. Ste. 1100--CWQ, 
Boston, MA 02114-2023; T:617-918-1626; F: 617-918-1505; 
[email protected].

Region II--New Jersey, New York, Puerto Rico, U.S. Virgin Islands

    Helen Grebe USEPA Region II, 2890 Woodbridge Ave. MS220, Edison, NJ 
08837-3679; T: 732-321-6797; F: 732-321-6616; [email protected].

Region III--Delaware, Maryland, Pennsylvania, Virginia

    Nancy Grundahl USEPA Region III, 1650 Arch Street 3ES10, 
Philadelphia, PA 19103-2029; T: 215-814-2729; F:215-814-2782; 
[email protected].

Region IV--Alabama, Florida, Georgia, Mississippi, North Carolina, 
South Carolina

    Joel Hansel USEPA Region IV, 61 Forsyth St. 15th Floor, Atlanta, GA 
30303-3415; T: 404-562-9274; F: 404-562-9224; [email protected].

Region V--Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin

    Holly Wirick USEPA Region V, 77 West Jackson Blvd. WT-16J, Chicago, 
IL 60604-3507; T: 312-353-6704; F: 312-886-0168; 
[email protected].

Region VI--Louisiana, Texas

    Mike Schaub USEPA Region VI, 1445 Ross Ave. 6WQ-EW, Dallas, TX 
75202-2733; T: 214-665-7314; F: 214-665-6689; [email protected].

Region IX--American Soma, Commonwealth of the Northern Mariana Islands, 
California, Guam, Hawaii

    Terry Fleming USEPA Region IX, 75 Hawthorne St. WTR-2, San 
Francisco, CA 94105; T: 415-744-1939; F: 415-744-1078; 
[email protected].

Region X--Alaska, Oregon, Washington

    Rob Pedersen USEPA Region X, 120 Sixth Ave. OW-134, Seattle, WA 
98101; T: 206-553-1646; F: 206-553-0165; [email protected].

    Dated: February 25, 2002.
Diane C. Regas,
Acting Assistant Administrator, Office of Water.
[FR Doc. 02-6850 Filed 3-20-02; 8:45 am]
BILLING CODE 6560-50-P