[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75009-75010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25968]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10016-36-OMS]


Agency Programs Subject to Intergovernmental Review Under 
Executive Order 12372, Section 204 of the Demonstration Cities and 
Metropolitan Development Act, and Section 401(a) of the 
Intergovernmental Cooperation Act of 1968

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) is publishing an 
updated list of EPA financial assistance programs which states may 
choose to review under their Single Point of Contact (SPOC) 
intergovernmental review processes. These programs are also eligible 
for intergovernmental review by directly affected state, areawide, 
regional, and local entities if a state does not have a SPOC or chooses 
not to review an application for EPA financial assistance. EPA is also 
streamlining the intergovernmental review process and is offering the 
public an opportunity to comment on the revisions.

DATES: This list is effective as of November 24, 2020.

FOR FURTHER INFORMATION CONTACT: EPA's National Policy Training and 
Compliance Division (Attention: Elizabeth January) at 
[email protected] or (202) 564-5310.

SUPPLEMENTARY INFORMATION: As provided in 40 CFR 29.3, EPA published a 
notice in the Federal Register on April 29, 2004 (69 FR 23502), which 
listed EPA financial assistance programs subject to review under 
Executive Order 12372 and Section 204 of the Demonstration Cities and 
Metropolitan Development Act (Section 204) and Section 401(a) of the 
Intergovernmental Cooperation Act of 1968 (Section 401). This notice 
advises the public of the availability of a more current list of EPA 
programs and activities which states may choose to review under their 
official Executive Order 12372 SPOC process or are subject to the 
alternative review process described at 40 CFR 29.7(b) if a state does 
not have a SPOC or elects not to include an EPA program in the SPOC 
process.
    As part of a streamlining initiative, EPA is limiting 
intergovernmental review to programs subject to Section 204 and Section 
401 or situations in which there are compelling policy reasons to 
conduct intergovernmental review. Executive Order 12372 exempts tribal 
programs from intergovernmental review. The list of programs can be 
found at: https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section-204-demonstration. These are 
the only EPA programs under which Intergovernmental Review comments may 
be submitted to EPA although state or local laws may establish 
requirements for coordination of requests for Federal funding that 
cover a broader range of programs and activities.
    In the future, as necessary, EPA will update the list of programs 
subject to intergovernmental review at: https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section-204-demonstration rather than in Federal Register publications. 
In Fiscal Year 2021, EPA intends to revise the Assistance Listings for 
EPA programs in the: beta.SAM.gov Assistance Listings to indicate 
whether intergovernmental review is required based on this list. These 
revisions will take place during the annual cycle for updating the 
Assistance Listings for EPA programs in the beta.SAM.gov Assistance 
Listings.
    Comments may be submitted on EPA's streamlining of the 
intergovernmental review process and must be received on or before 
December 24, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2020-0348 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: OMS Docket, Environmental Protection Agency, Mail 
Code: 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
     Hand Delivery: EPA Docket Center, WJC West, Room 3334, 
1301 Constitution Ave. NW, Washington, DC 20004. The telephone number 
for the Docket Center is 202-566-1744. For additional information about 
EPA's public docket, visit http://www.epa.gov/dockets. Such deliveries 
are only accepted during the Docket's normal hours of operation: 8:30 
a.m. to 4:30 p.m., and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OMS-
2020-0348.
    EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov website is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public

[[Page 75010]]

docket and made available on the internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at Docket ID No. EPA-HQ-OMS-
2020-0348, OMS Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave. NW, Washington, DC. The Public Reading Room is open by appointment 
only due to restrictions arising from the COVID-19 public health 
emergency. Additional information on how to obtain an appointment is 
available at https://www.epa.gov/dockets/epa-docket-center-and-reading-room-closed-public-limited-exceptions. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OMS Docket is (202) 566-1752.

Donna Vizian,
Principal Deputy Assistant Administrator, Office of Mission Support.
[FR Doc. 2020-25968 Filed 11-23-20; 8:45 am]
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