[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Rules and Regulations]
[Pages 29627-29628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

[FRL-7916-6]


Notice of Availability of Class Deviation; Alternative State 
Allotment formula For FY 2005 Clean Water Act Section 106 Increase

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This document provides notice of the availability of a Class 
Deviation from EPA's allotment formula for the awarding of Clean Water 
Act (CWA) Section 106 grants and also sets forth an alternative formula 
that will apply for the $9.92 million FY 2005 increase in EPA's 
appropriation for these grants. Currently, monies awarded under Section 
106 of the Clean Water Act are allocated through allotment formulae for 
States, interstate agencies, and tribes. These formulae implement 
Section 106(b) of the CWA, which directs the EPA Administrator to make 
allotments for grants from sums appropriated by Congress in each fiscal 
year ``in accordance with regulations promulgated by him on the basis 
of the extent of the pollution problem in the respective states.'' 
Because the President's FY 2005 budget request specifically requested 
an increase in Section 106 funding for FY 2005 enhanced monitoring 
activities, EPA determined through a Class Deviation that if it applied 
the current State allotment formula to that increase only a small 
number of States would actually receive an increase while the majority 
of States would not receive a sufficient increase to strengthen their 
water quality monitoring activities. The Class Deviation and the new 
allotment formula apply only to the $9.92 million FY 2005 Section 106 
increase and not to the remainder of the monies appropriated by 
Congress for these grants, which will be allocated in accordance with 
the allocation formulae EPA currently uses.

DATES: These procedures are effective upon May 24, 2005.

[[Page 29628]]


FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Wastewater 
Management, Office of Water, 1200 Pennsylvania Avenue, NW., Mail Code 
4201M, Washington, DC 20460. The telephone number is (202) 564-8831; 
facsimile number (202) 5501-2399; and e-mail address is 
[email protected]. Copies of the Class Deviation and the allocation 
are available by contacting Lena Ferris as indicated above.

SUPPLEMENTARY INFORMATION: This action announces EPA's Class Deviation 
from EPA's allotment formula for the awarding of CWA Section 106 grants 
found at 40 CFR part 35, subpart A, Sec.  35.162(b) and sets forth an 
alternative allotment formula for the FY 2005 increase in EPA's 
appropriation for these grants. The alternative allotment formula is 
designed to direct the increase in these funds toward new state 
monitoring activities, which is the basis for the President's FY 2005 
budget request increase for these grants. This revised formula, which 
is set forth below and is consistent with Section 106(b) of the CWA, 
will ensure that States are provided a meaningful increase that is 
sufficient to begin strengthening their water quality monitoring 
activities.

Regulated Entities

    States that are eligible to receive grants under Section 106 of the 
Clean Water Act.

Background

    Section 106 of the CWA requires that funds appropriated under this 
section be allocated to States, tribes, and interstate agencies, ``on 
the basis of the extent of the pollution problem in the respective 
States,'' in accordance with promulgated regulations. EPA developed and 
promulgated the current Section 106 State and Interstate Allocation 
Formula based on six components selected by EPA and the States to serve 
as surrogate representatives for the extent of the pollution problem in 
the States. The Tribal formula is also consistent with this approach. 
Approximately $9.1 million of the increase will be allocated with each 
State receiving approximately $172,000, while each territory and the 
District of Columbia will receive an allocation of approximately 
$86,000. Of the increase, EPA will allot to both Interstate Agencies 
and Tribes in accordance with existing formulae.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to OMB review. Because this grant action is not subject to 
notice and comment requirements under the Administrative Procedures Act 
or any other statute, it is not subject to the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) or sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1999 (UMRA) (Public Law 104-4). In addition, 
this action does not significantly or uniquely affect small 
governments. This action does not have tribal implications, as 
specified in Executive Order 13175 (63 FR 67249, November 9, 2000). 
This action will not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). This action is 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), because it is not a significant regulatory action 
under Executive Order 12866. This action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., 
generally provides that before certain actions may take affect, the 
agency promulgating the action must submit a report, which includes a 
copy of the action, to each House of the Congress and to the 
Comptroller General of the United States. Since this final grant action 
contains legally binding requirements, it is subject to the 
Congressional Review Act, and EPA will submit this action in its report 
to Congress under the Act.

List of Subjects in 40 CFR Part 35

    Environmental protection, Intergovernmental relations, Reporting 
and recordkeeping requirements, Water pollution control.

    Dated: May 13, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.

EPA establishes the following State allocation formula for the $9.92 
million increase in CWA Section 106 funding as follows:

    Section 106 State Program (Deviation Requested From State 
Allocation Formula). The majority of the $9.92 million increase will be 
directed to support the State and territorial water quality programs. 
Approximately $9.1 million will be allocated with each State receiving 
a full-share allocation of $172,447, while each territory and the 
District of Columbia will receive a half-share allocation of 
approximately $86,223. Combining the increase with the States' base 
funding, the total section 106 State allocation will increase to 
approximately $179.5 million.

[FR Doc. 05-10342 Filed 5-23-05; 8:45 am]
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