[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Page 51756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19152]



[[Page 51755]]

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Part II





Environmental Protection Agency





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Performance Partnership Grants; Notice

  Federal Register / Vol. 69 , No. 161 / Friday, August 20, 2004 / 
Notices  

[[Page 51756]]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7803-8]


Performance Partnership Grants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This action adds three grant programs to the list of 
environmental grant programs eligible for inclusion in Performance 
Partnership Grants. The programs to be added are: The Environmental 
Information Exchange Network grant program; the Multimedia Sector 
Program grant funds; and the Brownfields grant program (CERCLA section 
128(a)). See below for specific details on each program being added.
    The Omnibus Consolidated Rescissions and Appropriations Act of 1996 
(Public Law 104-134) and the Department of Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Appropriations Act of 
1998 (Public Law 105-65), authorize EPA to combine categorical grant 
funds appropriated in EPA's State and Tribal Assistance Grant (STAG) 
account and award the funds as Performance Partnership Grants (PPGs). 
Public Law 104-134, states, in relevant part, that: ``the Administrator 
is authorized to make grants annually from funds appropriated under 
this heading, subject to such terms and conditions as the Administrator 
shall establish, to any State or federally recognized Indian tribe for 
multimedia or single media pollution prevention, control and abatement 
and related environmental activities at the request of the Governor or 
other appropriate State official or the tribe.'' Public Law 105-65 
amended the PPG authority by authorizing ``interstate agencies, tribal 
consortia, and air pollution control agencies'' to receive PPGs. 
Pursuant to the authority granted in Public Law 104-134 and Public Law 
105-65, EPA promulgated PPG regulations in January of 2001 as part of 
the Agency's revision of 40 CFR part 35, the rules governing 
categorical environmental program grants. The regulation at 40 CFR 
35.133(b) states that: ``The Administrator may, in guidance or 
regulation, describe subsequent additions, deletions, or changes to the 
list of environmental programs eligible for inclusion in Performance 
Partnership Grants.'' The Environmental Information Exchange Network 
grant program, the Multimedia Sector Program grants, and the CERCLA 
section 128(a) grant program are all funded in the same line item that 
funds categorical grants for ``multimedia or single media pollution 
prevention, control and abatement and related environmental 
activities'' and, therefore, these grant programs are eligible for 
inclusion in PPGs. This notice is made pursuant to 40 CFR 35.133(b), to 
inform entities eligible to receive PPGs that the three programs listed 
above may be included in a PPG subject to any limitations herein 
defined.
    In the fiscal year 2002 Department of Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Appropriations Act, 
Public Law 107-73, EPA was authorized to award grants for the 
development of the Environmental Information Exchange Network (EIEN). 
The EIEN grant authority was also included in EPA's fiscal year 2003 
and fiscal year 2004 appropriations, Public Laws 108-7 and 108-199, 
respectively. Heretofore and hereafter, the EIEN grants are eligible 
for inclusion in PPGs and may be included in a PPG at the request of 
the appropriate official of an eligible entity, subject to EPA's 
regulations at 40 CFR part 31 and 40 CFR 35.001-35.138 and 35.500-
35.538.
    In the fiscal year 2004 Consolidated Appropriations Act, Public Law 
108-199, EPA was authorized to expend categorical grant funds ``for 
enforcement and compliance assurance grants,'' (H.R. 2673 at H12731), 
referred to as the Multimedia Sector Program grants. EPA's Office of 
Enforcement and Compliance Assurance manages the funds for the 
Multimedia Sector Program to assist states and tribes ``in developing 
innovative sector-based, multi-media, or single-media approaches to 
enforcement and compliance assurance.'' (EPA's FY 2004 Justification of 
Appropriations at SA-33). EPA informed Congress that the Agency expects 
to award these grants under the following grant authorities: Clean 
Water Act, Section 104; Federal Insecticide, Fungicide, and Rodenticide 
Act, Section 20; Clean Air Act, Section 103; Solid Waste Disposal Act, 
Section 8001; Safe Drinking Water Act, Section 1442; Toxic Substances 
Control Act, Sections 10 and 28; Marine Protection, Research and 
Sanctuaries Act, Section 203; and Indian Environmental General 
Assistance Program Act. (EPA's FY 2004 Justification of Appropriations 
at SA-33). In addition to these authorities, Congress authorized EPA to 
award the Multimedia Sector Program grant funds as part of PPGs. 
Multimedia Sector Program grant funds are hereafter eligible for 
inclusion in PPGs and may be included in a PPG at the request of the 
appropriate official of an eligible entity, subject to EPA's 
regulations at 40 CFR part 31 and 40 CFR 35.001-35.138 and 35.500-
35.538.
    In the fiscal year 2003 Consolidated Appropriations Resolution, 
Public Law 108-7, EPA was appropriated funds ``for carrying out section 
128[(a)] of CERCLA, as amended.'' Congress also included funds for 
CERCLA section 128(a) in EPA's fiscal year 2004 appropriations, Public 
Law 108-199. EPA Regional Offices are authorized to use CERCLA section 
128(a) grant funds to implement a pilot program wherein each region may 
award fiscal year 2004 CERCLA section 128(a) funds in a PPG for one 
state and one tribe or tribal consortium. A Regional office may include 
fiscal year 2004 CERCLA section 128(a) grant funds in a PPG for more 
than one state and one tribe or tribal consortium with prior approval 
from the Assistant Administrator, Office of Solid Waste and Emergency 
Response, and the Associate Administrator, Office of Congressional and 
Intergovernmental Relations. A limited pilot program is being 
implemented to allow EPA to work effectively with state and tribal 
counterparts in tailoring the PPG process to the CERCLA section 128(a) 
grants. The award of CERCLA section 128(a) funds in PPGs is subject to 
EPA's regulations at 40 CFR part 31 and 40 CFR 35.001-35.138 and 
35.500-35.538.

FOR FURTHER INFORMATION CONTACT: Jack Bowles, Office of Congressional 
and Intergovernmental Relations, Office of the Administrator, Mail Code 
1301, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; telephone number, 202-564-7178; fax number, 
202-501-1545; e-mail address: [email protected].

    Dated: August 16, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-19152 Filed 8-19-04; 8:45 am]
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