[Federal Register Volume 68, Number 46 (Monday, March 10, 2003)]
[Notices]
[Pages 11391-11394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5621]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0076; FRL-7292-3]


Pollution Prevention Grants and Announcement of Financial 
Assistance Programs Eligible for Review; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA expects to have approximately $5 million available in 
fiscal year 2003 grant/cooperative agreement funds under the Pollution 
Prevention (P2) grant program. Grants/cooperative agreements will be 
awarded under the authority of the Pollution Prevention Act (PPA) of 
1990, subject to the availability of funds at the time of award. The 
Pollution Prevention Act of 1990 and 40 CFR part 35, subpart B 
authorize EPA to award grant funds to State, Tribes, and Intertribal 
Consortia programs that address the reduction or elimination of 
pollution across environmental media (air, land, and water) and to 
strengthen the efficiency and effectiveness of pollution prevention 
technical assistance programs in providing source reduction information 
to businesses. This notice describes the procedures and criteria for 
the award of these grants.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Lena Ferris, Pollution 
Prevention Division (7409), Office Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8831; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to States (including state universities), 
Tribes and Intertribal Consortia. This notice may, however, be of 
interest to local governments, private universities, private nonprofit 
entities, private businesses, and individuals who are not eligible for 
this grant program. If you have any questions regarding the 
applicability of this action to a particular entity, contact the 
technical person listed in the FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPPT-2002-0076. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, Rm. 
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, 
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The EPA Docket Center Reading 
Room telephone number is (202) 566-1744 and the telephone number for 
the OPPT Docket, which is located in the EPA Docket Center, is (202) 
566-0280.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. This document will also be 
available at the EPA P2 Web site at http://www.epa.gov/p2. A frequently 
updated electronic version of 40 CFR part 35 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr35_00.html and 
of 40 CFR part 31 at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr31_00.html, both beta sites currently under 
development.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket identification number.

[[Page 11392]]

II. Background of the Pollution Prevention Grant Program

    More than $80 million has been awarded to over 100 State and Tribal 
organizations under EPA's multimedia P2 grant program, since its 
inception in 1989. During the past 13 years, P2 grant funds have 
established and enabled State and Tribal programs to implement a wide 
range of pollution prevention activities. P2 grants provide economic 
benefits to small businesses by funding pollution prevention technical 
assistance programs focused on helping the businesses develop more 
efficient production technologies and operate more cost effectively.
    The goal of the P2 grant program is to assist businesses and 
industries in identifying better environmental strategies and solutions 
for reducing waste at the source. The majority of the P2 grants fund 
State-based projects in the areas of technical assistance and training, 
education and outreach, regulatory integration, data collection and 
research, demonstration projects, and recognition programs.
    In November 1990, the Pollution Prevention Act of 1990 (Public Law 
101-508) was enacted, establishing as national policy that pollution 
should be prevented or reduced at the source whenever feasible.
    1. Section 6603 of the Pollution Prevention Act of 1990 defines 
source reduction as any practice that:
    i. Reduces the amount of any hazardous substance, pollutant, or 
contaminant entering any waste stream or otherwise released into the 
environment (including fugitive emissions) prior to recycling, 
treatment, or disposal.
    ii. Reduces the hazards to public health and the environment 
associated with the release of such substances, pollutants, or 
contaminants.
    EPA further defines pollution prevention as the use of other 
practices that reduce or eliminate the creation of pollutants through 
increased efficiency in the use of raw materials, energy, water, or 
other resources, or protection of natural resources, or protection of 
natural resources by conservation.
    2. Section 6605 of the Pollution Prevention Act of 1990 and 40 CFR 
part 35, subpart B authorizes EPA to make matching grants to promote 
the use of source reduction techniques by businesses. In evaluating 
grant applications, the Pollution Prevention Act of 1990 directs EPA to 
consider whether the proposed program will:
    i. Make specific technical assistance available to businesses 
seeking information about source reduction opportunities, including 
funding for experts to provide onsite technical advice and to assist in 
the development of source reduction plans.
    ii. Target assistance to businesses for which lack of information 
is an impediment to source reduction.
    iii. Provide training in source reduction techniques.

III. Availability of FY 2003 Funds

    EPA expects to have approximately $5 million in grant/cooperative 
agreement funds available for FY 2003-2004 pollution prevention 
activities. The Agency has delegated grant making authority to the EPA 
regional offices. EPA regional offices are responsible for the 
solicitation of interest and the screening of proposals. The Agency 
reserves the right to reject all initial proposals and make no awards.
    In addition to the statutory criteria discussed in Unit II., all 
applicants must address all five of the national program criteria 
listed in Unit VI.B.2. EPA invites applicants to submit proposals that 
make the case for how their work will address P2 priorities on the 
national, Tribal, regional, and State level. Interested applicants 
should contact their EPA Regional Pollution Prevention Coordinator, 
listed in Unit X. for more information.
    The 2003 Pollution Prevention Grant Guidance is located at http://www.epa.gov/p2/grants/ppis/ppis.htm.

IV. Catalogue of Federal Domestic Assistance

    The number assigned to the P2 grant program in the Catalogue of 
Federal Domestic Assistance is 66.708 (formerly 66.900).

V. Matching Requirements

    States, Tribes, and Intertribal Consortia recipients of P2 grants 
under section 6605 of the PPA must provide at least 50% of the total 
allowable project cost. For example, the Federal Government will 
provide half of the total allowable cost of the project, and the 
recipient will provide the other half. Recipients may meet the match 
requirements by allowable costs incurred by the grantee (often referred 
to as ``in-kind goods or services'') or the value of third party in-
kind contributions consistent with 40 CFR 31.24. If a Tribe or 
Intertribal Consortium is selected for award of a P2 grant and the 
Tribe includes the funds in a Performance Partnership Grant awarded 
under 40 CFR part 35, subpart B, the required Tribal match for the 
Pollution Prevention portion of the P2 grant will be reduced to 5% of 
the allowable Pollution Prevention project cost for the first 2 years 
of the P2 grant.

VI. Eligibility

A. Applicants

    Eligible applicants for purposes of funding under this program 
include the 50 States, the District of Columbia, the U.S. Virgin 
Islands, the Commonwealth of Puerto Rico, any territory of or 
possession of the United States, any agency or instrumentality of a 
State including State universities, and Indian tribes that meet the 
requirement for treatment in a manner similar to a state at 40 CFR 
35.663 and Intertribal Consortia that meet the requirements at 40 CFR 
35.504. Local governments, private universities, private nonprofit, 
private businesses, and individuals are not eligible for funding. 
Eligible applicants are encouraged to establish partnerships with 
business and other environmental assistance providers to seamlessly 
deliver pollution prevention assistance. Successful applicants will be 
those that best meet the evaluation criteria in Unit VI.B.2. In many 
cases, this is likely to be accomplished through partnerships.

B. Activities and Criteria

    1. General. EPA specifically seeks to build pollution prevention 
capabilities or to test innovative pollution prevention approaches and 
methodologies. Funds awarded under the P2 grant program must be used to 
support pollution prevention programs that address the transfer and 
reduction of potentially harmful pollutants across environmental media: 
Air, water, and land. Programs should reflect comprehensive and 
coordinated pollution prevention planning and implementation efforts.
    2. National program criteria for 2003. This section describes the 
five national program criteria EPA will use to evaluate proposals under 
the P2 grant program. In addition to the statutory criteria and the 
national program criteria, there may be regionally specific criteria 
that the proposed activities are also required to address. For more 
information on the EPA regional requirements, applicants should contact 
their EPA Regional Pollution Prevention Coordinator, listed in Unit X. 
As well as ensuring that the proposed activities meet EPA's definition 
of pollution prevention, the applicant's proposal must include how they 
address the following five criteria:
    i. Promote multimedia pollution prevention. Applicants should 
identify how projects will encourage source reduction to actively 
prevent pollution

[[Page 11393]]

across environmental media: Air, water and land. Programs should 
reflect comprehensive and coordinated pollution prevention planning and 
implementation efforts. Pollution prevention programs can develop 
multimedia pollution prevention activities which provide technical 
assistance to businesses, institutionalize multimedia pollution 
prevention as a environmental management priority, or initiate 
demonstration projects that test and support innovative pollution 
prevention approaches and methodologies.
    ii. Advance environmental goals. EPA believes that State and Tribal 
pollution prevention programs have a unique opportunity to promote 
pollution prevention, especially through the environmental performance 
agreements. By developing applications that support stated 
environmental goals, pollution prevention programs can help ensure that 
States and Tribes achieve objectives through a cost-effective 
preventive approach. Pollution prevention programs will continue to be 
valuable to top management if they can demonstrate how their actions 
will help advance stated goals. EPA would like to ensure that pollution 
prevention is integrated and that the funds provide a service that 
supports each State's or Tribes strategic plan. EPA will not fund any 
projects developed apart from those included in the stated strategic 
plans.
    iii. Promote accomplishments within State's environmental programs. 
EPA realizes the importance of being able to document the effectiveness 
of the program back to the affected media office. EPA added this 
application criteria to create the necessary link between the 
regulatory program and the pollution prevention program activities to 
ensure that the affected offices know the good work that is being done 
within their sectors/programs/geographic areas. By periodically 
documenting the proposed activities' accomplishments, grantees will 
help media program managers understand the benefits of their delivered 
services. By creating this positive feedback mechanism to the 
regulatory program, the grantee can market their accomplishments and 
help promote the sustainability of the P2 program.
    iv. Promote partnerships. For the past 6 years, EPA has required P2 
grant applicants to identify major environmental assistance providers 
in their area and to work with these organizations to educate 
businesses on pollution prevention. EPA believes that pollution 
prevention programs that do not develop a strong relationship with 
other environmental assistance providers will face difficulties 
accessing State and Federal resources in the future.
    EPA continues to seek more cooperation among State and Tribal 
pollution prevention programs and the other environmental and business 
assistance providers. These can include university-based technical 
assistance and cooperative extension programs, and other State-based 
assistance programs. Partnerships are also encouraged with regional and 
national programs such as the Pollution Prevention Resource Exchange 
(P2Rx) centers, National Institute of Standards and Technology (NIST) 
programs, Office of Enforcement and Compliance Assistance (OECA) 
Compliance Assistance Centers, EPA's Small Business Assistance Programs 
(SBAPs), etc.
    By developing such partnerships, EPA would like to ensure that 
pollution prevention programs leverage this outside expertise. This 
partnership will also reduce the need for other environmental 
assistance providers to develop their own expertise, which would result 
in duplication of effort.
    v. Estimate environmental impact. Applicants are requested to 
estimate the environmental impact from their proposed activities. This 
would be a quantifiable number that provides an estimation of waste 
reduction expected. Many of the EPA regional offices have negotiated 
with their States specific measurement structures which may provide 
appropriate frameworks for estimating environmental impact.
    3. Program management. Awards for FY 2003 funds will be managed 
through the EPA regional offices. Applicants should contact their EPA 
Regional Pollution Prevention Coordinator, listed in Unit X. or view 
the 2003 Pollution Prevention Grant Guidance located at http://www.epa.gov/p2/grants/ppis/ppis.htm to obtain specific regional 
requirements and deadlines for submitting proposals. National funding 
decisions will be made by June 2003.

VII. Proposal Narrative Format

    The proposed work plan must meet the requirements for an approvable 
work plan at 40 CFR 35.107 or 35.507.

VIII. Applicable Regulations

    State applicants and recipients of P2 grants are subject to the 
requirements of 40 CFR parts 31 and 35, subpart A. Tribal and 
Intertribal Consortia applicants and recipients of P2 grants are 
subject to the requirements of 40 CFR parts 31 and 35, subpart B.

IX. Reporting

    The work plans and reporting must be consistent with the 
requirements of 40 CFR 35.107, 35.115, 35.507, and 35.515.
    The grantee, along with the Regional Project Officer, will develop 
a process for jointly evaluating and reporting progress and 
accomplishments under the work plan (see 40 CFR 35.115 and 35.515). A 
description of the evaluation process and a reporting schedule must be 
included in the work plan (see 40 CFR 35.107(b)(2)(iv) and 
35.507(b)(2)(iv)).
    The evaluation process must provide for:
    1. A discussion of accomplishments as measured against work plan 
commitments.
    2. A discussion of the cumulative effectiveness of the work 
performed under all work plan components.
    3. A discussion of existing and potential problem areas.
    4. Suggestions for improvement, including, where feasible, 
schedules for making improvements.
    EPA's Pollution Prevention Division has created an optional 
progress report format to facilitate national reporting on status of P2 
grant activities. A copy of the report format is included in the grant 
guidance located on the P2 Grant Program Web site (http://www.epa.gov/p2/grants/ppis/ppis.htm). This progress report format is not required 
but has been used in several States for the past year.

X. Regional Pollution Prevention Coordinators

    Region I: (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont) Rob Guillemin, 1 Congress St. (SPP), Boston, MA 02203; 
telephone number: (617) 918-1814 or (617) 918-1841; e-mail address: 
[email protected].
    Region II: (New Jersey, New York, Puerto Rico, Virgin Islands) 
Tristen Gillespie (SPMMB), 290 Broadway, 25th Floor, New York, NY 
10007; telephone number: (212) 637-3753; e-mail address: 
[email protected].
    Region III: (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia) Lorna Rosenberg (3E100), 1650 
Arch St., Philadelphia PA 19103-2029; telephone number: (215) 814-5389; 
e-mail address: [email protected].
    Region IV: (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee) Dan Ahern, Atlanta Federal Center, 
61 Forsyth St., SW., Atlanta, GA 30303; telephone number: (404) 562-
9028; e-mail address: [email protected].

[[Page 11394]]

    Region V: (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) 
Phil Kaplan (DW-8J), 77 West Jackson Blvd., Chicago, IL 60604-3590; 
telephone number: (312) 353-4669; e-mail address: [email protected].
    Region VI: (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) Eli 
Martinez (6EN-XP), 1445 Ross Ave., 12th Floor, Suite 1200, Dallas, TX 
75202; telephone number: (214) 665-2119; e-mail address: 
[email protected].
    Region VII: (Iowa, Kansas, Missouri, Nebraska) Gary Bertram (ARTD/
TSPP), 901 N 5th St., Kansas City, KS 66101; telephone number: (913) 
551-7533; e-mail address: [email protected].
    Region VIII: (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Linda Walters (8P-P3T), 999 18th St., Suite 300, Denver, CO 
80202-2405; telephone number: (303) 312-6385, e-mail address: 
[email protected].
    Region IX: (American Samoa, Arizona, California, Guam, Hawaii, 
Nevada) Leif Magnuson (WST-7), 75 Hawthorne Ave., San Francisco, CA 
94105; telephone number: (415) 972-3286; e-mail address: 
[email protected].
    Region X: (Alaska, Idaho, Oregon, Washington) Carolyn Gangmark, 01-
085, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 553-
4072; e-mail address: [email protected].

XI. Congressional Review Act

    Grant solicitations such as this are considered rules for the 
purpose of the Congressional Review Act (CRA). The CRA, 5 U.S.C. 801 et 
seq., as added by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), generally provides that before a rule may take 
effect, the agency promulgating the rule must submit a rule report, 
which includes a copy of the rule, to each House of the Congress and to 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Grants, Pollution prevention.Q 
P='04'

    Dated: February 26, 2003.
Stephen L. Johnson,
Assistant Administrator, Office of Prevention, Pesticides, and Toxic 
Substances.
[FR Doc. 03-5621 Filed 3-7-03; 8:45 am]
BILLING CODE 6560-50-S