[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
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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.
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For the reasons stated in the preamble, title 40, chapter 1 of the Code
of Federal Regulations is amended as follows:
PART 35--[AMENDED]
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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]
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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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