[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 28025-28026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7335]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8169-6]


Brownfields State and Tribal Response Grant Program

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: This action adds the Brownfields State and Tribal Response 
(BSTR) grant program authorized by section 128(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended, (CERCLA), to the list of environmental grant programs eligible 
for inclusion in Performance Partnership Grants (PPGs).

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; e-mail 
address: [email protected]; or Jennifer Wilbur, Office of Brownfields 
Cleanup and Redevelopment, Office of Solid Waste and Emergency 
Response, Mail Code 5105T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460; telephone number, 202-566-2756; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: The Omnibus Consolidated Rescissions and 
Appropriations Act of 1996 (Pub. L. 104-134) and the Department of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act of 1998 (Pub. L. 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 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

[[Page 28026]]

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 BSTR 
grant program authorized by CERCLA 128(a) is 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, this grant program is 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 BSTR grant program 
may be included in a PPG subject to any limitations herein defined.
    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 has included funds for 
CERCLA 128(a) in subsequent EPA appropriations. Heretofore and 
hereafter, the BSTR grant program funds, with the exception of funds 
states and tribes use to capitalize a revolving loan fund under CERCLA 
128(a)(1)(B)(ii)(I), 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 through 35.138 and 35.500 through 35.538. A Region should 
notify the Office of Brownfields Cleanup and Redevelopment in the 
Office of Solid Waste and Emergency Response when it plans to award 
Brownfield grant program funds as part of a PPG.

    Dated: May 4, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-7335 Filed 5-12-06; 8:45 am]
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