[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Notices]
[Pages 70594-70598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29886]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7413-2]


Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) or Superfund, Section 128(a); Notice of Grants Funding 
Guidance for State and Tribal Response Programs

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will begin to accept 
proposals on November 25, 2002, for grants to supplement State and 
Tribal Response Programs cleanup capacity. This notice provides 
guidance on eligibility for funding, use of funding, grant mechanisms 
and process for awarding funding, the allocation system for 
distribution of funding, and terms and reporting under these grants. 
EPA has consulted with State and tribal officials in developing this 
guidance.
    Since 1997, the EPA Brownfields program has been funding state and 
tribal response programs including Superfund Core funding for state and 
tribal voluntary cleanup programs and pre-remedial site assessment 
funding for state- and tribal-conducted Targeted Brownfields 
Assessments (TBA). Through section 128(a), Congress built upon these 
activities and provided EPA with expanded authority to fund other 
activities that build capacity for state and tribal response programs 
as well as authority to grant funds to states and Indian tribes to 
capitalize revolving loan funds and support insurance mechanisms. One 
goal of this funding is to ensure that state and tribal response 
programs include, or are taking reasonable steps to include, certain 
elements and another is to provide funding for other activities that 
increase the number of response actions conducted or overseen, by a 
state or tribal response program.
    This funding is not intended to supplant current state or tribal 
funding

[[Page 70595]]

for their response programs. Instead, it is to supplement their funding 
to increase their cleanup capacity.
    For fiscal year 2003, EPA will consider funding requests up to a 
maximum of $1.5 million per state or Indian tribe. EPA will target 
funding of at least $1 million per year for tribal response programs to 
ensure adequate funding for tribal response programs.
    Subject to the availability of funds, EPA regional enforcement and 
program staff will be available to provide technical assistance to 
states and Indian tribes as they apply for and carry out these grants.

DATES: This action is effective as of November 25, 2002. EPA expects to 
make non-competitive grant awards to states and Indian tribes which 
apply during fiscal year 2003.

ADDRESSES: Mailing addresses for U.S. EPA Regional Offices and U.S. EPA 
Headquarters are provided at http://www.epa.gov/brownfields.

FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste 
and Emergency Response, Office of Brownfields Cleanup and 
Redevelopment, (202) 566-2777.

SUPPLEMENTARY INFORMATION: The Small Business Liability Relief and 
Brownfields Revitalization Act (SBLRBRA) was signed into law on January 
11, 2002. The Act amends the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), as amended, by adding section 
128(a). Section 128(a) authorizes a $50 million grant program \1\ to 
establish and enhance state \2\ and tribal \3\ response programs. 
Generally, these response programs address the assessment, cleanup and 
redevelopment of brownfields sites and other contaminated sites. 
Section 128(a) grants will be awarded and administered by U.S. 
Environmental Protection Agency (EPA) regional offices. This document 
provides guidance that will enable states and tribes to apply for and 
use section 128(a) funds in Fiscal Year 2003.
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    \1\ EPA is in the process of developing a Catalogue of Federal 
Domestic Assistance entry for the section 128(a) State and Tribal 
Response Programs grant program.
    \2\ ``The term ``state'' is defined in this document as defined 
in CERCLA section 101(27).
    \3\ The term ``Indian tribe'' is defined in this document as it 
is defined in CERCLA section 101(36). Intertribal consortia, as 
defined in the Federal Register notice at 67 FR 67181, are also 
eligible for funding under CERCLA 128(a).
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    State and tribal response programs oversee cleanup at the majority 
of brownfield sites across the country. Many states have programs that 
also offer accompanying financial incentive programs to spur cleanup 
and redevelopment. In passing section 128(a), Congress recognized the 
accomplishments of state response programs in cleaning up and 
redeveloping brownfield sites. Section 128(a) also provides EPA with an 
opportunity to strengthen its partnership with states and Indian 
tribes.
    Since 1997, the EPA Brownfields program has been funding state and 
tribal response programs including Superfund Core funding for state and 
tribal voluntary cleanup programs and pre-remedial site assessment 
funding for state- and tribal-conducted Targeted Brownfields 
Assessments (TBA). Both activities were financed with Superfund 
appropriations and funded under CERCLA section 104(d) cooperative 
agreement authority. Through section 128(a), Congress built upon these 
activities and provided EPA with expanded authority to fund other 
activities that build capacity for state and tribal response programs 
as well as authority to grant funds to states and Indian tribes to 
capitalize revolving loan funds and support insurance mechanisms. One 
goal of this funding is to ensure that state and tribal response 
programs include, or are taking reasonable steps to include, certain 
elements and another is to provide funding for other activities that 
increase the number of response actions conducted or overseen, by a 
state or tribal response program. This funding is not intended to 
supplant current state or tribal funding for their response programs. 
Instead, it is to supplement their funding to increase their cleanup 
capacity.
    As partners in implementing SBLRBRA, state and tribal officials 
have been working closely with EPA since the law's passage in 
developing this guidance. It reflects comments made by state and tribal 
officials during legislation implementation meetings, including ongoing 
State and Tribal Funding Workgroup conference calls, a panel at the 
National Tribal Conference on Environmental Management on June 5, 2002, 
and EPA listening sessions. In addition, EPA received letters dated 
February 21, 2002, from the Association of State and Territorial Solid 
Waste Management Officials CERCLA Research Center and another dated May 
6, 2002, from the Executive Director of the Tribal Association on Solid 
Waste and Emergency Response. These comments were taken into account 
when preparing the guidance.
    Subject to the availability of funds, EPA regional enforcement and 
program staff will be available to provide technical assistance to 
states and Indian tribes as they apply for and carry out section 128(a) 
grants.

Eligibility for Funding

    To be eligible to receive funding under CERCLA section 128(a), a 
state or Indian tribe must demonstrate that their response program 
includes, or is taking reasonable steps to include, the four elements 
of a response program, described below. Congress also recognized the 
effectiveness and efficiencies of Memoranda of Agreement (MOAs) by 
making states or Indian tribes that are parties to voluntary response 
program MOAs \4\ automatically eligible for section 128(a) funding. 
Additionally, states and Indian tribes, including those with MOAs, must 
maintain and make available to the public a record of sites at which 
response actions have been completed in the previous year and are 
planned to be addressed in the upcoming year in order to qualify for 
section 128(a) funding.
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    \4\ The legislative history of SBLRBRA indicates that Congress 
intended to encourage states and Indian tribes to enter into MOAs 
for their voluntary response programs. Currently the following 
states have MOAs for their voluntary response programs: Arkansas, 
Colorado, Delaware, Florida, Illinois, Indiana, Kansas, Maryland, 
Michigan, Minnesota, Missouri, New Mexico, Ohio, Oklahoma, Rhode 
Island, Texas, Virginia, Wisconsin, and Wyoming.
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    With the exception of the section 128(a) funds a state or Indian 
tribe uses to capitalize a Brownfields Revolving Loan Fund under CERCLA 
104(k)(3), states and Indian tribes are not required to provide 
matching funds for grants awarded under section 128(a).
    Section 128(a) authorizes funding for activities necessary to 
establish and enhance the four elements and to meet the public record 
requirement.

The Four Elements--Section 128(a)

    a. Timely survey and inventory of brownfield sites in the state or 
in the tribal land. States and Indian tribes must include, or be taking 
reasonable steps to include, in their response programs a system or 
process to identify the universe of brownfield sites in their state or 
tribal land. EPA's goal in funding activities under this element is to 
enable the state or Indian tribe to establish or enhance a system or 
process that will provide a reasonable estimate of the number, likely 
locations, and the general characteristics of brownfields in their 
jurisdictions. Given funding limitations, EPA will negotiate work plans 
with states and Indian tribes to achieve this goal efficiently, 
effectively and within a realistic time frame. For example, many of 
EPA's Brownfields Assessment grantees conduct

[[Page 70596]]

inventories of brownfield sites in their communities or jurisdictions. 
States and Indian tribes are encouraged to work with these grantees to 
obtain the information that they have gathered and include it in their 
survey and inventory.
    b. Oversight and enforcement authorities or other mechanisms and 
resources. States and Indian tribes must include, or be taking 
reasonable steps to include, in their response programs oversight and 
enforcement authorities or other mechanisms, and resources that are 
adequate to ensure that a response action will protect human health and 
the environment and be conducted in accordance with applicable federal 
and state law. In addition, states and Indian tribes must include, or 
be taking reasonable steps to include, in their response programs 
oversight and enforcement authorities or other mechanisms, and 
resources that are adequate to ensure that the necessary response 
activities are completed if the person conducting the response 
activities, including operation and maintenance or long-term monitoring 
activities, fails to complete the activity (such as enforcement, 
funding, or other programmatic resources, including staff).
    c. Mechanisms and resources to provide meaningful opportunities for 
public participation.\5\ States and Indian tribes must include, or be 
taking reasonable steps to include, in their response programs 
mechanisms and resources for public participation, including, as a 
minimum:
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    \5\ States and Indian tribes establishing this element may find 
useful information on public participation on EPA's community 
involvement web site at http://www.epa.gov/superfund/action/community/index.htm.
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    [sbull] Public access to documents and related materials that a 
state, Indian tribe, or party conducting the cleanup is relying on or 
developing in making cleanup decisions or conducting site activities;
    [sbull] Prior notice and opportunity for public comment on cleanup 
plans and site activity; and
    [sbull] A mechanism by which a person who is, or may be, affected 
by a release or threatened release of a hazardous substance, pollutant, 
or contaminant at a brownfields site--located in the community in which 
the person works or resides--may request that a site assessment be 
conducted. The appropriate state or tribal official must consider this 
request and appropriately respond.
    d. Mechanisms for approval of a cleanup plan and verification and 
certification that cleanup is complete. States and Indian tribes must 
include, or be taking reasonable steps to include, in their response 
programs mechanisms to approve cleanup plans. In addition states and 
Indian tribes must include, or be taking reasonable steps to include, 
in their response programs a requirement for verification by and 
certification or similar documentation from the state, the Indian 
tribe, or a licensed site professional to the person conducting a 
response action indicating that the response action is complete.

Public Record Requirement

    States and Indian tribes (including states with MOAs) that receive 
funding under section 128(a) must establish a public record system 
during the grant funding period unless a public record system that 
meets the following requirements is already established. Specifically, 
under section 128(b)(1)(C), states and Indian tribes must:
    [sbull] Maintain and update, at least annually or more often as 
appropriate, a record of sites that includes the name and location of 
sites at which response actions have been completed during the previous 
year;
    [sbull] Maintain and update, at least annually or more often as 
appropriate, a record of sites that includes the name and location of 
sites at which response actions are planned to be addressed in the next 
year; and
    [sbull] Identify in the public record whether or not the site, upon 
completion of the response action, will be suitable for unrestricted 
use. If not, the public record must identify the institutional controls 
relied on in the remedy.
    Section 128(a) funds may be used to maintain and make available a 
public record system that meets these requirements.
    It is important to note that the public record requirement differs 
from the ``timely survey and inventory'' element described above. The 
public record addresses sites at which response actions have been 
completed in the previous year and are planned to be addressed in the 
upcoming year. In contrast, the ``timely survey and inventory'' element 
described above, refers to a general approach to identifying brownfield 
sites.
    EPA's goal is to enable states and Indian tribes to make the public 
record easily accessible. For this reason, EPA will allow states and 
Indian tribes to use section 128(a) funding to make information on 
sites in their response programs available to the public on the 
Internet or other means that ensures that the information is readily 
accessible to the public. For example, the Agency will fund state and 
tribal efforts to include detailed location information in the public 
record such as the street address and latitude and longitude 
information for each site.\6\ EPA encourages states and Indian tribes 
to maintain public record information, including data on institutional 
controls, on a long term basis (more than one year) for sites at which 
a response action has been completed. Subject to EPA regional office 
approval, states or tribes may include development and operation of 
systems that ensure long term maintenance of the public record in their 
work plans.\7\
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    \6\ For further information on latitude and longitude 
information, please see EPA's data standards web site available at 
http://oaspub.epa.gov/edr/epastd$.startup.
    \7\ States and Indian tribes may find useful information on 
institutional controls on EPA's institutional controls web site at 
http://www.epa.gov/superfund/action/ic/index.htm.
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Use of Funding

General Uses

    Section 128(a)(1)(B) describes the eligible uses of grants funding 
by states and Indian tribes. In general, a state or Indian tribe may 
use a grant to ``establish or enhance'' their response programs, 
including elements of the response program that include activities 
related to responses at brownfield sites with petroleum contamination. 
States and Indian tribes may use Section 128(a) funding to develop 
legislation, regulations, procedures, guidance, etc. that would 
establish or enhance the administrative and legal structure of their 
response programs. In addition, states and Indian tribes may use grant 
funding to:

    Capitalize a revolving loan fund (RLF) for brownfields cleanup 
under CERCLA section 104(k)(3). These RLFs are subject to the same 
statutory requirements and grant terms and conditions applicable to 
RLFs awarded under section 104(k)(3). Requirements include a 20% 
match on the amount of section 128(a) funds used for the RLF, a 
prohibition on using EPA grant funds for administrative costs 
relating to the RLF, and a prohibition on using RLF loans or 
subgrants for response costs at a site for which the recipient may 
be potentially liable under section 107 of CERCLA. Other 
prohibitions contained in CERCLA section 104(k)(4) also apply.
    Purchasing environmental insurance or developing a risk-sharing 
pool, indemnity pool, or insurance mechanism to provide financing 
for response actions under a state or tribal response program.

    In addition, a state or Indian tribe may use section 128(a) funding 
to establish and maintain the required public record described in 
section B above. EPA considers activities related to maintaining and 
monitoring

[[Page 70597]]

institutional controls to be eligible costs under section 128(a).

Uses Related to Establishing a State or Tribal Response Program

    Under CERCLA section 128(a), ``establish'' includes activities 
necessary to build the foundation for the four elements of a state or 
tribal response program and the public record requirement. For more 
developed state or tribal response programs, establish may also include 
activities that keep their program at a level that meets the four 
elements and maintains a public record required as a condition of 
funding under CERCLA section 128(b)(1)(C).

Uses Related to Enhancing a State or Tribal Response Program

    Under CERCLA section 128(a), ``enhance'' is related to activities 
that add to or improve a state or tribal response program or increase 
the number of sites at which response actions are conducted under a 
state or tribal response program. The legislative history of the 
provision also makes this clear:

    The vast majority of contaminated sites across the nation will 
not be cleaned up by the Superfund program. Instead, most sites will 
be cleaned up under State authority. * * * In recognition of this 
fact, and the need to create and improve State cleanup capacity, new 
[section 128(a)] provides financial assistance to States and Indian 
tribes to establish or enhance voluntary response programs.

Senate Report 107-2, March 12, 2001, p. 15.
    The exact ``enhancement'' uses that may be allowable depend upon 
the work plan negotiated between the EPA regional office and the state 
or Indian tribe. For example, regional offices and states or tribes may 
agree that section 128(a) funds may be used for outreach and training 
directly related to increasing awareness of its response program, and 
improving the skills of program staff. Other ``enhancement'' uses may 
be allowable as well.

Uses Related to Site-Specific Activities

    States and Indian tribes may use section 128(a) funds for 
activities that improve state or tribal capacity to increase the number 
of sites at which response actions are conducted under the state or 
tribal response program. Eligible uses of funds include site-specific 
related activities such as conducting assessments at selected 
brownfields sites. Section 128(a) funds cannot be used for assessments 
at sites that do not meet the definition of brownfields site at CERCLA 
101(39).
    Costs incurred for oversight of cleanups at other than brownfields 
sites may be eligible and allowable costs if such activities are 
included in the state's or Indian tribe's work plan. For example, 
auditing of completed site cleanups in states or tribes that use 
licensed site professionals to verify that sites have been properly 
cleaned up may be an eligible cost under section 128(a). These costs 
need not be incurred in connection with a brownfields site to be 
eligible, but must be authorized under the state's or Indian tribe's 
work plan to be allowable. Other uses may be eligible and allowable as 
well, depending upon the work plan negotiated between the EPA regional 
office and the state or Indian tribe.

Uses Related to Petroleum Response Programs and Site-Specific 
Activities at Petroleum Sites

    Many state response programs do not distinguish between sites 
contaminated with hazardous substances, contaminants or pollutants and 
sites contaminated with petroleum. Therefore, states and Indian tribes 
may use section 128(a) funds for activities that establish and enhance 
their response programs, even if their response programs address 
petroleum contamination. Also, the costs of conducting site assessments 
at petroleum contaminated brownfield sites, as defined at CERCLA 
section 101(39)(D)(ii)(II), are eligible and are allowable if the 
activity is included in the work plan negotiated between the EPA 
regional office and the state or Indian tribe. Section 128(a) funds 
used to capitalize a Brownfields RLF may be used at brownfields sites 
contaminated by petroleum to the extent allowed under CERCLA section 
104(k)(3).

Grant Mechanism and Process for Awarding Funding

    Funding authorized under CERCLA section 128(a) will be awarded 
through a cooperative agreement \8\ with a state or Indian tribe. The 
program will be administered under the general EPA grant and 
cooperative agreement regulations for states, Indian tribes, and local 
governments found in the Code of Federal Regulations at 40 CFR part 31. 
Under these regulations, the grantee for section 128(a) grant program 
is:
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    \8\ A cooperative agreement is a grant to a state or Indian 
tribe that includes substantial involvement of EPA during 
performance of activities described in cooperative agreement work 
plan. Examples of this involvement include technical assistance and 
collaboration on program development and site-specific activities.

the government to which a grant is awarded and which is accountable 
for the use of the funds provided. The grantee is the entire legal 
entity even if only a particular component of the entity is 
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designated in the grant award document.

40 CFR 31.3 Grantee.
    Subject to the availability of funds, EPA regional offices will 
negotiate and enter into new section 128(a) cooperative agreements with 
eligible and interested states or Indian tribes. EPA will accept only 
one application, and negotiate only one work plan, with each eligible 
state or Indian tribe. States and tribes must define the ``section 
128(a) response program,'' and may designate a component of the state 
or tribe that will be EPA's primary point of contact for negotiations 
on their proposed work plan. When EPA funds the section 128(a) 
cooperative agreement, states and tribes may distribute these funds 
among the appropriate state and tribal agencies that are part of the 
section 128(a) response program. This distribution must be clearly 
outlined in their annual work plan.
    EPA regional offices will determine the project period for each 
cooperative agreement. These may be for multiple years depending on the 
regional office's grants policies. Each cooperative agreement must have 
an annual budget period tied to an annual work plan.
    As part of the annual work plan negotiation process, states or 
Indian tribes that do not have MOAs must demonstrate that their program 
includes, or is taking reasonable steps to include, the four elements 
described above. EPA will not fund, in future years, state or tribal 
response program annual work plans if EPA determines that these 
requirements are not met or reasonable progress is not being made. EPA 
may base this determination on the information the state or tribe 
provides to support its work plan, or on EPA's review of the state or 
tribal response program.
    Prior to funding a state's or Indian tribe's annual work plan, EPA 
regional offices will verify that a public record as described above 
exists, and is being maintained.

Allocation System for Distribution of Funding

    EPA regional offices will work with interested states and Indian 
tribes to develop their annual work plans and funding requests. For 
Fiscal Year 2003, EPA will consider funding requests up to a maximum of 
$1.5 million per state or Indian tribe. This limit may be changed in 
future years based on appropriation amounts and demand for funding. The 
EPA regional offices will forward each of the funding request

[[Page 70598]]

amounts and a short summary of the work plan activities to EPA 
Headquarters. EPA Headquarters will compile the requested amounts and 
develop the annual allocation based on state and tribal response 
program needs described in the work plan summaries.
    When EPA Regions negotiate individual state and tribal work plans, 
it is anticipated that funding will be prioritized as follows.
    1. Funding for program development activities to establish or 
enhance the four elements of a state or tribal response program and to 
enable states and Indian tribes to comply with the public record 
requirement, including activities related to institutional controls. 
States with MOA's will not be prejudiced in funding distributions if 
their work plan does not include tasks related to establishing or 
enhancing the four elements. Similarly, states and Indian tribes that 
have established one or more of the four elements will not be 
prejudiced in funding distributions if their work plan includes 
activities that enhance the four elements.
    2. Funding for other program development activities to enhance the 
cleanup capacity of a state or tribal response program.
    3. Funding for site-specific activities that enhance the cleanup 
capacity of a state or tribal response program, including targeted 
brownfields site assessments.
    4. Funding for environmental insurance mechanisms.
    5. Funding to capitalize brownfields cleanup revolving loan funds.
    States and Indian tribes must break their work plans down into 
these prioritization categories.
    EPA will target funding of at least $1 million per year for tribal 
response programs. If this funding is not used, it will be carried over 
and added to at least $1 million in the next fiscal year. It is 
expected that the funding demand from Indian tribes will increase 
through the life of this grant program (authorized by Congress through 
FY2006), and this funding allocation system should ensure that adequate 
funding for tribal response programs is available in future years.

Terms and Reporting

    Cooperative agreements for state and tribal response programs will 
include programmatic and administrative terms and conditions. These 
terms and conditions will describe EPA's substantial involvement 
including technical assistance and collaboration on program development 
and site-specific activities.
    States and Indian tribes will provide progress reports under 40 CFR 
31.40, in accordance with terms and conditions of the cooperative 
agreement negotiated with EPA regional offices. State and tribal costs 
for complying with reporting requirements are an eligible expense under 
the section 128(a) grant. As a minimum, state or tribal progress 
reports must include both a narrative discussion and performance data 
relating to the state's or Indian tribe's accomplishments with section 
128(a) funding. If applicable, the state or tribe must include 
information on activities related to establishing or enhancing the four 
elements of the state's or tribe's response program. All recipients 
must provide information relating to establishing and maintaining the 
public record.
    Depending upon the activities included in the state's or Indian 
tribe's work plan, an EPA regional office may request that a progress 
report include:
    A list of sites at which response actions have been completed 
including:
    [sbull] Date the response action was completed.
    [sbull] Site name.
    [sbull] Location of the site (street address and latitude and 
longitude).
    [sbull] Size of the site in acres.
    [sbull] An indication if the site is suitable for unrestricted use 
or if institutional controls were relied on in the remedy.
    [sbull] Nature of the contamination at the site.
    A list of sites currently being addressed by the state or tribal 
response program including:
    [sbull] Site name.
    [sbull] Location of the site (street address and latitude and 
longitude).
    Data regarding the result of the state's or tribe's mechanism for 
verification by, or certification by the state or tribe, or similar 
documentation, indicating that the response action is complete. For 
example, the state or tribe may provide data regarding cleanup 
completion certificates issued and revoked.
    If the state or Indian tribe is using section 128(a) funding to 
capitalize a revolving loan fund for brownfields cleanup under CERCLA 
section 104(k)(3), they must include the information required by the 
terms and conditions for progress reporting under CERCLA section 
104(k)(3) RLF grants.
    If the state or Indian tribe is using section 128(a) funding for 
environmental insurance, they must include in their progress report 
information on the number of policies purchased, the number of sites 
covered, and the amount of money spent.
    If the state or Indian tribe is using section 128(a) funding to 
conduct brownfields site assessments, they must include in their 
progress report a list of sites at which site assessments have been 
completed that includes:
    [sbull] Site name.
    [sbull] Location of the site (street address and latitude and 
longitude).
    [sbull] Size of the site in acres.
    [sbull] Date site assessment was completed.
    [sbull] Nature of contamination at the site (e.g., hazardous 
substances, contaminants, or pollutants, petroleum contamination, etc. 
* * *).
    If the state or Indian tribe is using section 128(a) funding to 
perform other site-specific related activities (e.g., oversight audits 
of licensed site professional certified cleanups, etc. * * *), they 
must include a description of the site-specific activities and the 
number of sites at which the activity was conducted.
    The regional offices may also request other information be added to 
the progress reports, as appropriate, to properly document activities 
described by the cooperative agreement work plan.
    EPA regions may allow states or tribes to provide performance data 
in appropriate electronic format.
    The regional offices will forward progress reports to EPA 
Headquarters, if requested. This information may be used to develop 
national reports on the outcomes of CERCLA section 128(a) funding to 
states and Indian tribes.

    Dated: November 18, 2002.
Linda Garczynski,
Director, Office of Brownfields Cleanup and Redevelopment, Office of 
Solid Waste and Emergency Response.
[FR Doc. 02-29886 Filed 11-22-02; 8:45 am]
BILLING CODE 6560-50-P