[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16267-16271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6300]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7892-5]


Notice of Request for Proposals for Projects To Be Funded From 
the Water Quality Cooperative Agreement Allocation (CFDA 66.463--Water 
Quality Cooperative Agreements)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA Region 6 is soliciting proposals from eligible applicants 
interested in applying for Federal assistance for Water Quality 
Cooperative Agreements (WQCA) under the Clean Water Act (CWA) Section 
104(b)(3). Funding is for projects conducted within the states of 
Arkansas, Louisiana, New Mexico, Oklahoma and Texas. Region 6 EPA 
intends to award an estimated $700,000 to eligible applicants through 
assistance agreements ranging in size, on average, from $40,000 up to 
$200,000 (Federal) for innovative projects/demonstrations/studies 
relating to the prevention, reduction, and elimination of water 
pollution. From the proposals received, EPA estimates up to 4 to 7 
projects may be selected to submit full applications. The Agency 
reserves the right to reject all proposals and make no awards.

DATES: EPA will consider all proposals received on or before 5 p.m. 
Central Standard Time May 16, 2005. Proposals received after the due 
date will not be considered for funding.

ADDRESSES: Proposals should be mailed to: Terry Mendiola (6WQ-AT), U.S. 
Environmental Protection Agency, Region 6, Water Quality Protection 
Division,1445 Ross Avenue, Dallas, Texas 75202-2733. Overnight delivery 
may be sent to the same address.

FOR FURTHER INFORMATION CONTACT: Terry Mendiola by telephone at 214-
665-7144 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Required Overview Content:

    Federal Agency Name--Environmental Protection Agency, Region 6, 
Water Quality Protection Division, State Tribal Programs Section.
    Funding Opportunity Title--Water Quality Cooperative Agreements.
    Announcement Type--Initial announcement.
    Catalog of Federal Domestic Assistance (CFDA) Number--CFDA 66.463--
Water Quality Cooperative Agreements.

DATES: May 16, 2005--Proposals due to EPA.
    June 28, 2005--Initial approvals identified and sponsors of 
projects selected for funding will be requested to submit a formal 
application package.

I. Funding Opportunity Description

    EPA Region 6's Water Quality Protection Division is requesting 
proposals from eligible applicants for unique and innovative projects 
that address watershed-based permitting, water quality trading, water 
quality modeling training, water quality standards development and 
refinement,

[[Page 16268]]

the Illinois River watershed in Arkansas and Oklahoma, and nutrient 
criteria.
    Funding is authorized under the provisions of the CWA Section 
104(b)(3), 33 U.S.C. 1254(b)(3). The regulations governing the award 
and administration of WQCAs are in 40 CFR part 30 (for institutions of 
higher learning, hospitals, and other nonprofit organizations) and 40 
CFR part 31 (for States, local governments, and interstate agencies).
    An organization whose proposal is selected for possible Federal 
assistance must complete an EPA Application for Assistance, including 
the Federal SF-424 form (Application for Federal Assistance, see 40 CFR 
30.12 and 31.10).

High Priority Areas for Funding Consideration

    WQCAs awarded under section 104(b)(3) may only be used to conduct 
and promote the coordination and acceleration of activities such as 
research, investigations, experiments, training, education, 
demonstrations, surveys, and studies relating to the causes, effects, 
extent, prevention, reduction, and elimination of water pollution. 
These activities, while not defined in the statute, advance the state 
of knowledge, gather information, or transfer information. For 
instance, ``demonstrations'' are generally projects that demonstrate 
new or experimental technologies, methods, or approaches and the 
results of the project will be disseminated so that others can benefit 
from the knowledge gained. A project that is accomplished though the 
performance of routine, traditional, or established practices, or a 
project that is simply intended to carry out a task rather than 
transfer information or advance the state of knowledge, however 
worthwhile the project may be, is not a demonstration. Research 
projects may include the application of the practices when they 
contribute to learning about an environmental concept or problem.
    The EPA Water Quality Management Division in Region 6 has 
identified six priority areas for funding consideration. These 
priorities reflect EPA's Strategic Goal 2. Clean and Safe Water, 
Subobjective 2.2.1 Improve Water Quality on a Watershed basis. EPA will 
award WQCAs for research, investigations, experiments, training, 
demonstrations, surveys and studies related to the causes, effects, 
extent, prevention, reduction, and elimination of water pollution in 
the subject areas shown below in bold. Funding will be awarded only for 
the areas as described below.

Watershed-Based Permitting

    Watershed-based National Pollutant Discharge Elimination System 
(NPDES) permitting is a process that emphasizes addressing all 
stressors within a hydrologically-defined drainage basin. The proposal 
must include the development of a watershed-based NPDES permitting 
strategy for a watershed within Region 6. The strategy should consider 
cumulative impacts to water quality over the entire watershed and 
develop an efficient permitting methodology. The watershed-based 
permitting strategy should be flexible to account for unique watershed 
characteristics and can be utilized for other watersheds in the Region. 
The strategy should comply with the December, 2003, Watershed-Based 
National Pollutant Discharge Elimination System Permitting 
Implementation Guidance and validated through the appropriated NPDES 
permitting authority to ensure the strategy is credible. This effort 
should help develop and issue NPDES permits that better protect entire 
watersheds.

Water Quality Trading

    Water quality trading is an approach that offers greater efficiency 
in achieving water quality goals on a watershed basis. The proposal 
must identify opportunities and develop a credible and successful 
framework for water quality trading programs for nutrients at reduced 
costs in a Region 6 watershed. The framework should identify the 
watershed in Region 6, the suitability of pollutants for trading, the 
criteria and financial attractiveness based on current and future 
market analysis. The trading framework must be in accordance with EPA's 
January 13, 2003, Water Quality Trading Policy and integrate the 
permitting needs for potential development of an NPDES permit. The 
development of a water quality trading approach should improve and 
preserve water quality.

Cross-Program Training on Water Quality Modeling

    The Total Maximum Daily Load (TMDL), NPDES, Assessment and 
Monitoring, Watershed Protection, Non-point Source (NPS), and Grant 
Support Programs are trying to better integrate efforts to develop 
TMDLs using water quality models and implementation of TMDLs through 
the NPDES and NPS programs. However, little cross-program coordination, 
related to water quality model activities, is available to regulators 
and TMDL and NPDES developers, which results in resource duplication, 
missed opportunities for innovative approaches to resolution, and mis-
communication of intent. A cross-program training for TMDL and 
wasteload allocation (WLA) models for the Region 6 States is needed to 
help alleviate this issue. The training program should include the 
water quality models, TMDL process, TMDL sampling and modeling quality 
assurance project plans used by EPA and the Region 6 States for 
developing TMDLs for the 303(d) listed waterbodies and wasteload 
allocations for point sources. Successful completion of this training 
program would provide Region 6 States avenues to better coordinate 
resources and investigate innovative resolutions to water quality 
issues, especially at the watershed level, in support of State and 
National goals to reduce impaired waters in those states.

Water Quality Standards Development and Refinement

    Research and/or studies leading to the development and refinement 
of waterbody classification systems, narrative or numeric criteria, and 
antidegradation policies.

Illinois River Watershed in Arkansas and Oklahoma

    Research and/or studies leading to an improved characterization of 
water quality conditions in the Illinois River relative to the goals of 
the CWA. Preference will be given to proposals submitted by multiple 
entities within the watershed that offer the potential to resolve 
differences in water quality standards and assessment methods.

Nutrient Criteria

    Development of effects based nutrient criteria and assessment 
methods, based on the relationship(s) between evidence of impairment of 
biological integrity, and/or other response indicators, and instream 
nutrient concentrations observed at reference waterbodies.

II. Award Information

    Region 6 EPA intends to award an estimated $700,000 to eligible 
applicants through assistance agreements ranging in size, on average, 
from $40,000 up to $200,000 (Federal). From the proposals received, EPA 
estimates up to 4 to 7 projects may be selected to submit full 
applications. The average size of an award is anticipated to be 
approximately $100,000. Awards will be made in the late summer of 2005. 
Typically, the project and budget period for these awards is one to two 
years, with an average of about two years. Organizations who have an 
existing agreement under this program are eligible to compete for new 
awards,

[[Page 16269]]

including supplementation to existing projects.
    It is expected that all the awards under this program will be 
cooperative agreements. States and interstate agencies meeting the 
requirements in 40 CFR 35.504 may include the funds for WQCA in a 
Performance Partnership Grant (PPG) in accordance with the regulations 
governing PPGs in 40 CFR part 35, subparts A and B. For states and 
interstate agencies that choose to do so, the regulations provide that 
the workplan commitments that would have been included in the WQCA must 
be included in the PPG workplan.
    A description of the Agency's substantial involvement in 
cooperative agreements will be included in the final agreement.

III. Eligibility Information

1. Eligible Applicants

    Eligible applicants for assistance agreements under section 
104(b)(3) of the CWA are State water pollution control agencies, 
interstate agencies, other public or nonprofit agencies, institutions, 
organizations, and other entities as defined by the CWA. The Tribal 
Water Quality Programs Request for Proposals will be issued under a 
separate notice. Proposals received for projects outside of Region 6 
will not be considered.

2. Cost Sharing or Matching

    A minimum match of five percent will be required for all approved 
projects and should be included in the total funding requested for each 
proposal submitted.

3. Threshold Eligibility Criteria

    Proposals to purchase land, perform construction, fail to conform 
to the submission requirements of this notice, or appear to be from a 
for-profit organization will not be reviewed and considered.
    Additionally, the priority specific criteria listed below will also 
be considered threshold eligibility criteria. To be eligible to compete 
for funding, ALL PRIORITY SPECIFIC CRITERIA MUST BE ADDRESSED/MET for 
the priority area in which it was submitted.
    The following threshold eligibility criteria will be used to 
evaluate the subject priority area:
    Watershed-Based Permitting, specifically, the development of a 
watershed-based NPDES permitting strategy for a watershed within Region 
6. The following specific criteria will be used to determine 
eligibility for this priority area:
     The project should identify the watershed within EPA 
Region 6 State(s).
     Strategy should establish goals such as flow, 
concentrations and pollutant loads for the watershed.
     Identify water quality parameters and compile existing 
data of the identified parameters of concern.
     Identify strong community partnership with State entities, 
industries, and municipalities to adopt watershed-basin permitting 
approach.
     Develop a template for watershed-based permitting strategy 
that can be transferable to other watersheds within the state and 
potentially to other Region 6 States.
    Water Quality Trading, specifically, identification of 
opportunities and development of a credible and successful framework 
for water quality trading programs for nutrients at reduced costs in a 
Region 6 watershed. The following specific criteria will be used to 
determine eligibility for this priority area:
     The framework should describe the legal mechanisms to 
facilitate trading.
     The specific nutrients should be identified which are 
suitable for trading on a watershed basis.
     Framework should clearly define the units of trade 
necessary for trading to occur.
     Framework must create and establish the duration of 
credits generated to comply with a monthly, seasonal or annual 
limitation.
     Develop procedures to account for the generation and use 
of credits in NPDES permits and discharge monitoring reports in order 
to track the generation and use of credits between sources and assess 
compliance.
     Include provisions to ensure the framework incorporates an 
enforcement mechanism.
     Framework must define a public participation process and 
public access process.
     The framework must describe the program evaluation 
process.
    Cross-Program Training on Water Quality Modeling, specifically, 
development of a cross-program training for TMDL and WLA models for 
Region 6 States. The following specific criteria will be used to 
determine eligibility for this priority area:
     The project should investigate and select the water 
quality models used by EPA and Region 6 States.
     Demonstrate that the water quality models, training 
materials, tools and approaches are effective in developing TMDLs and 
WLAs by providing at least one training session for each EPA Region 6 
State.
     Apply the current EPA and Region 6 States' water quality 
models and related regulations, polices and guidance.
     The training program should integrate the water quality 
modeling needs for the TMDL and the NPDES programs in EPA Region 6.
    Water Quality Standards Development and Refinement, specifically, 
research and/or studies leading to the development and refinement of 
waterbody classification systems, narrative or numeric criteria, and 
antidegradation policies. The following specific criteria will be used 
to determine eligibility for this priority area:
     Demonstrate approaches or provide tools that may be 
applied in other areas.
     Apply the latest scientific approaches or innovative 
techniques to establish and validate the relationship(s) between 
pollutant concentrations and response indicators.
     Result in recommendations that can be applied to a class 
of waters, rather than individual waters.
     Results in the development of water quality standards and 
assessment methods that will be adopted by the appropriate state water 
quality agency.
    Illinois River Watershed in Arkansas and Oklahoma, specifically, 
research and/or studies leading to an improved characterization of 
water quality conditions in the Illinois River relative to the goals of 
the CWA. Preference will be given to proposals submitted by multiple 
entities within the watershed that offer the potential to resolve 
differences in water quality standards and assessment methods. The 
following specific criteria will be used to determine eligibility for 
this priority area:
     Evaluation of relationships between designated use 
attainment and water quality conditions.
     Results in specific recommendations for changes in water 
quality management practices or processes, land use practices, best 
management practice implementation, or other corrective actions needed 
to meet the goals of the CWA.
    Nutrient Criteria, specifically, the development of effects based 
nutrient criteria and assessment methods, based on the relationship(s) 
between evidence of impairment of biological integrity, and/or other 
response indicators, and instream nutrient concentrations observed at 
reference waterbodies. The following specific criteria will be used to 
determine eligibility for this priority area:
     Apply the latest scientific approaches or innovative 
techniques to establish and validate the relationship(s) between 
elevated nutrient concentrations and indicator response.

[[Page 16270]]

     Result in recommendations for numeric water quality 
criteria standards or criteria that can be applied to a class of waters 
(rather than individual waters).
     Demonstrate approaches or provide tools that may be 
applied in other areas.
     Include mechanisms for technology transfer.

4. Timing of Eligibility

    The applicant must be eligible for award consideration at the time 
of proposal submission.

IV. Application and Submission Information

1. Address To Submit Proposals

    Applicants may submit proposals only in hard copy. Proposals should 
be mailed to: Terry Mendiola (6WQ-AT), U.S. Environmental Protection 
Agency, Region 6, Water Quality Protection Division, 1445 Ross Avenue, 
Dallas, Texas 75202-2733. Overnight Delivery may be sent to the same 
address. Please mail three copies of the proposal(s).
    Full application packages should not be submitted at this time; 
Region 6 is only requesting proposals. Proposal format and content is 
included below. Upon notification of final selections, applicants will 
be instructed how financial assistance application packages can be 
obtained.

2. Proposal Format and Contents

    Proposals should be no more than four pages with a minimum font 
size of 10 pitch in Wordperfect/Word or equivalent. Pages in excess of 
four will not be considered. Failure to follow the format or to include 
all requested information will result in the proposal not being 
considered for funding. It is recommended that confidential information 
not be included in this proposal. The following format should be used 
for all proposals:
    Name of Project:
    Priority Area Addressed: Only one priority area should be listed. 
If more than one addressed, select most pertinent. (i.e., Watershed 
Based Permitting, Water Quality Trading, Nutrient Criteria, etc.)
    Point of Contact: (Individual and Agency/Organization Name, 
Address, Phone Number, Fax Number, E-mail Address)
    Is This a Continuation of a Previously Funded Project (if so, 
please provide the status of the current grant or cooperative 
agreement):
    Proposed Federal Amount:
    Proposed Non-Federal Match (minimum of 5%):
    The match is based on the total project cost not the Federal 
amount. To determine a proposed minimum match of 5%, use the following 
example:

Federal amount = $25,000
Total Project Cost = T
The Federal amount is 95% of T, therefore:
$25,000 = T x 0.95
$25,000/0.95 = T
$26,316 = T (round the decimal)
If the total project cost is $26,316, then:
$26,316 x 0.05 = $1,316 non-Federal match

    Proposed Total Award Amount:
    Description of General Budget Proposed To Support Project:
    Project Description: (Should not exceed three pages of single-
spaced text)
    Expected Accomplishments or Product, With Dates, and Interim 
Milestones: This section should also include a discussion of a 
communication plan for distributing the project results to interested 
parties.
    Environmental Results and Outcomes:
    Describe Applicant's Capability To Perform Work:
    Describe How the Project Meets the Evaluation Criteria Specified in 
Section V. Application Review Information:

3. Submission Dates and Times

    EPA will consider all proposals received on or before 5 p.m. 
Central Standard Time May 16, 2005. Proposals received after the due 
date will not be considered for funding.

4. Intergovernmental Review

    Executive Order 12372, Intergovernmental Review of Federal Programs 
may be applicable to awards, resulting from this announcement. 
Applicants selected for funding may be required to provide a copy of 
their proposal to their State Point of Contact (SPOC) or the States 
where the project will be conducted for review, pursuant to Executive 
Order 12372, Intergovernmental Review of Federal Programs. This review 
is not required with the proposal.

5. Funding Restrictions

    The following information should be considered in developing 
proposal(s):
     Construction projects, except for the construction 
required to carry out a demonstration project, and acquisition of land 
are not eligible for funding under this program.
     New or on-going programs to implement routine 
environmental controls will not be considered for funding under this 
program.
     Funding is for projects conducted within the states of 
Arkansas, Louisiana, New Mexico, Oklahoma and Texas.
     It is encouraged that indirect cost be limited to 15 
percent.
     Although proposals may meet more than one of the priority 
areas listed in Section I. Funding Opportunity Description, select most 
pertinent and identify that priority area in the proposal format.

6. Proprietary Information Identification

    EPA recommends that no confidential information be included in 
proposals. However, in accordance with 40 CFR 2.203, applicants may 
claim all or a portion of their application/proposal as confidential 
business information. EPA will evaluate confidentiality claims in 
accordance with 40 CFR part 2. Applicants must clearly mark 
applications/proposals or portions of applications/proposals they claim 
as confidential. If no claim of confidentiality is made, EPA is not 
required to make the inquiry to the applicant otherwise required by 40 
CFR 2.204(c)(2) prior to disclosure.

V. Application Review Information

1. Criteria

    EPA Region 6 will award WQCA on a competitive basis and evaluate 
proposals based on the criteria detailed below (maximum points for each 
element are shown). In addition to the selection criteria detailed 
below, other factors as geographic diversity, programmatic priorities, 
project diversity and program diversity may be considered in selecting 
proposals for award. The following criteria will be used to evaluate 
each eligible proposal:
     The adequacy of proposal to meet priority specific 
criteria (Section III. 3.). (25)
     The extent to which the proposed project uses innovative 
techniques that effectively leads to the protection of water quality as 
identified by the priorities in this notice (Section I.). These 
priorities reflect EPA's Strategic Goal 2. Clean and Safe Water, 
Subobjective 2.2.1 Improve Water Quality on a Watershed Basis. (20)
     The extent to which the results of the proposed project, 
or tools developed, can be transferred to others and the quality of the 
communication strategy to actually achieve transfer. (10)
     The realistic expectation that meaningful environmental 
benefit will result from the proposed work, and the quality of the 
evaluation component to assess or measure the environmental outcome(s). 
This may include projects that improve program integrity or efficiency 
as well as those with direct environmental benefits. (20)
     The capability of the applicant to effectively perform and 
complete the tasks and deliver the products of the

[[Page 16271]]

project or activity, as well as the capability to effectively manage 
the cooperative agreement. (10)
     Cost effectiveness and reasonableness of the proposal. 
(10)
     Applicant's past performance, if applicable. (5)

2. Review and Selection Process

    Each eligible proposal will be evaluated and ranked by a panel 
comprised of several EPA Region 6 employees. Members of the review 
panel will base their evaluation on the selection criteria disclosed in 
this notice (Section V.1). Final selection of proposals will be made by 
the Director of the Water Quality Protection Division, EPA Region 6.

VI. Award Administration Information

1. Award Notices

    Selected organizations will be notified in writing and requested to 
submit full applications. Applications, including workplans, are 
subject to EPA review and approval. It is expected that unsuccessful 
applicants will be notified in writing. EPA reserves the right to 
withdraw the funding offer if a complete application (including an 
approved QMP) is not received within four months of selection notice.

2. Administrative and National Policy Requirements

    Applicants whose proposals contemplate contracting for services or 
products must comply with applicable regulations relating to 
competitive procurement and preparation of cost or price analyses in 
accordance with 40 CFR 30.40 through 30.48 (for institutions of higher 
learning, hospitals, and other nonprofit organizations) and 40 CFR 
31.36 (for States, local governments, and interstate agencies). 
Identifying a contractor in a proposal does not exempt the applicant 
from these requirements and gives the appearance that the proposal is 
from a for-profit organization. As stated in Section III. Eligibility 
Information, proposals that appear to be from a for-profit organization 
will not be reviewed or considered. Applicants requested to submit a 
full application will be required to confirm compliance with 
competitive procurement procedures.
    Additionally, applicants requested to submit a full application 
will be required to comply with the Quality Assurance requirements (40 
CFR 30.54 and 31.45) if projects involve environmentally related 
measurements or data generation. Prior to award, a Quality Management 
Plan must be submitted and approved by EPA.
    Applicants must provide a Dun and Bradstreet (D&B) Data Universal 
Numbering System (DUNS) number with the full application. Organizations 
may obtain the number by calling, toll free, 1-866-705-5711.
    Applicants requested to submit a full application may incur pre-
award costs 90 calendar days prior to award provided such costs are 
included in the application, the costs meet the definition of pre-award 
costs and are approved by EPA. Pre-award costs are those costs incurred 
prior to the effective date of the award directly pursuant to the 
negotiation and in anticipation of the award where such costs are 
necessary to comply with the proposed delivery schedule or period of 
performance and are in conformance with the appropriate statute and 
cost principles. The approval of pre-award costs should be reflected in 
the budget period on the assistance agreement and if applicable, under 
a term and condition of the assistance agreement. Recipients incur pre-
award costs at their own risk (i.e., EPA is under no obligation to 
reimburse such costs if for any reason the recipient does not receive 
an award or if the award is less than anticipated and inadequate to 
cover such costs).
    Assistance agreement competition-related disputed will be resolved 
in accordance with the dispute resolution procedures published in 70 FR 
3629, 3630 (January 26, 2005) which can be found at: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1371.htm. Copies may also be requested by contacting the Agency 
Contact below.

3. Reporting

    Post award reporting requirements include, at a minimum, submission 
of semi-annual project status reports with submission of a final report 
prior to the end of the budget/project period. Recipients will be 
required to report direct and indirect environmental benefits that 
result from the work accomplished through the cooperative agreement 
award. Means of submission and report format will be negotiated in the 
workplan.

VII. Agency Contacts

    Point of Contact: Terry Mendiola by telephone at 214-665-7144 or by 
e-mail at [email protected].

VIII. Other Information

    This Federal Register Notice will be posted on the Region 6 Water 
Quality Protection Division, Assistance Programs Branch Web site http://www.epa.gov/earth1r6/6wq/at/sttribal.htm. This Web site may also 
contain additional information about this request. Deadline extensions, 
if any, will be posted on this web site and not in the Federal 
Register. A list of selected projects will also be posted to this Web 
site.

    Dated: March 23, 2005.
Miguel I. Flores,
Director, Water Quality Protection Division, Region 6.
[FR Doc. 05-6300 Filed 3-29-05; 8:45 am]
BILLING CODE 6560-50-P