[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 17-18]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24688]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

[EPA-HQ-OW-2005-0038; FRL-8017-9]


Allotment Formula for Clean Water Act (CWA) Section 106 Funds; 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This amendment to 40 CFR 35.162 will address a situation which 
occurred in EPA's FY 2006 CWA Section 106 appropriation process. The 
President's FY 2006 budget specifically requested an increase in 
Section 106 funding for enhanced monitoring activities, particularly 
for statistically-valid assessments of water quality nationwide and for 
strengthening State and interstate monitoring programs. This action 
announces EPA's amendment of its CWA allocation regulation to provide 
the Agency with the flexibility to allot separately these funds that 
have been appropriated by Congress for Section 106 grants and targeted 
for monitoring. The amendment applies only to those portions of Section 
106 funds which have been targeted in EPA's appropriations process for 
specific water pollution control elements.

DATES: This final rule is effective on January 3, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OW-2005-0038. All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at the Water Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone

[[Page 18]]

number for the Water Docket is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office 
of Wastewater Management, 4201M, Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 
564-8831; fax number: (202) 501-2399; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    Regulated Entities: States and interstate agencies that are 
eligible to receive grants under Section 106 of the CWA.

II. Background

    Section 106 of the CWA authorizes the EPA to provide grants to 
States and interstate agencies to administer programs for the 
prevention, reduction, and elimination of water pollution, including 
the development and implementation of ground-water protection 
strategies. Section 106(b) of the CWA 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''. EPA developed and promulgated 40 CFR 35.160-35.168 for 
allocating funds to the States and eligible interstate agencies.
    The amendment to 40 CFR 35.162 will address a situation like that 
which occurred in EPA's FY 2006 Section 106 appropriation process. The 
President's FY 2006 budget specifically requested an increase in 
Section 106 funding for enhanced monitoring activities, particularly 
for statistically-valid assessments of water quality nationwide and 
strengthening State and interstate monitoring programs. The 2006 
Conference Report, which accompanied EPA's 2006 appropriation act, 
indicated that a total of $18.5 million should be targeted to support 
enhanced monitoring efforts. EPA determined that if this amount were 
included in the general State and interstate allotment formulae, only a 
small number of States and interstates would actually receive an 
increase for this purpose while the majority of States would not 
receive a sufficient increase to strengthen their water quality 
monitoring activities through implementation of their monitoring 
strategies. As a result, EPA is amending 40 CFR 35.162 to provide the 
Agency with the authority to allot separately those CWA Section 106 
funds which are targeted to specific water pollution control elements, 
as determined by EPA based on a review of the President's budget, 
Conference Reports, and/or appropriation acts. In developing this 
allotment formula, EPA will consult with the States and interstate 
agencies in determining the most appropriate mechanism to implement the 
alternative allocation formula, based on the extent of pollution. EPA 
intends to exercise its discretion and use this alternate allotment 
formula only in situations where the appropriations process has 
indicated that funds should be used for a specific purpose. The 
remaining Section 106 funds will continue to be allotted in accordance 
with applicable allotment formulae used by the Agency.

III. Additional Supplementary Information

    This action announces EPA's amendment of 40 CFR 35.162 by adding 
section (d).

IV. 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) (Pub. L. 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, Grant programs-environmental protection, 
Water pollution control.

    Dated: December 23, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.

0
For the reasons stated in the preamble, title 40, chapter 1 of the Code 
of Federal Regulations is amended as follows:

PART 35--[AMENDED]

0
1. The authority for citation for Part 35, Subpart A continues to read 
as follows:

    Authority: 42 U.S.C. 7401 et seq; 33 U.S.C. 1251 et seq; 42 
U.S.C. 300f et seq; 42 U.S.C. 6901 et seq; 7 U.S.C. 136 et seq; 15 
U.S.C. 2601 et seq; 42 U.S.C. 13101 et seq; Pub. L 104-134, 110 
Stat. 1321, 1321-299 (1966); Pub.L. 105-65, 111 Stat. 1344, 1373 
(1997).

Subpart A--[Amended]

0
2. Section 35.162 is amended by adding paragraph (d) to read as 
follows:


Sec.  35.162  Basis for allotment.

* * * * *
    (d) Alternative allotment formula. Notwithstanding paragraphs (b) 
and (c) of this section, if the Administrator determines that a portion 
of the funds appropriated under the Water Pollution Control grant 
program should be allotted for specific water pollution control 
elements, the Administrator may allot those funds to States and 
interstate agencies in accordance with a formula determined by him 
after consultation with the respective States and interstate agencies. 
The Administrator will make this determination under this paragraph 
only if EPA's appropriation process indicates that these funds should 
be used for this purpose.

[FR Doc. 05-24688 Filed 12-30-05; 8:45 am]
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