80 FR 65738 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs for FY2016

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 207 (October 27, 2015)

Page Range		65738-65748
FR Document		2015-27374

The Environmental Protection Agency (EPA) will accept requests, from December 1, 2015 through January 31, 2016, for grants to establish and enhance State and Tribal Response Programs. This notice provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation system for distribution of funding, and terms and reporting under these grants. EPA has consulted with state and tribal officials in developing this guidance. The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements of a response program and establishing a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity. For fiscal year 2016, EPA will consider funding requests up to a maximum of $1.0 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65738-65748]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-27374]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9936-24-OSWER]

Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding
Guidance for State and Tribal Response Programs for FY2016

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will accept
requests, from December 1, 2015 through January 31, 2016, for grants to
establish and enhance State and Tribal Response Programs. This notice
provides guidance on eligibility for funding, use of funding, grant
mechanisms and process for awarding funding, the allocation system for
distribution of funding, and terms and reporting under these grants.
EPA has consulted with state and tribal officials in developing this
guidance.
The primary goal of this funding is to ensure that state and tribal
response programs include, or are taking reasonable steps to include,
certain elements of a response program and establishing a public
record. Another goal is to provide funding for other activities that
increase the number of response actions conducted or overseen by a
state or tribal response program. This funding is not intended to
supplant current state or tribal funding for their response programs.
Instead, it is to supplement their funding to increase their response
capacity.
For fiscal year 2016, EPA will consider funding requests up to a
maximum of $1.0 million per state or tribe. Subject to the availability
of funds, EPA regional personnel will be available to provide technical
assistance to states and tribes as they apply for and carry out these
grants.

DATES: This action is effective as of December 1, 2015. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2016.

ADDRESSES: Mailing addresses for EPA Regional Offices and EPA
Headquarters can be found at www.epa.gov/brownfields and at the end of
this Notice. Funding requests may be submitted electronically to the
EPA Regional Offices.

FOR FURTHER INFORMATION CONTACT: EPA's Office of Solid Waste and
Emergency Response, Office of Brownfields and Land Revitalization,
(202) 566-2745 or the applicable EPA Regional Office listed at the end
this Notice.

SUPPLEMENTARY INFORMATION:

I. General Information

Section 128(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, authorizes a
noncompetitive $50 million grant program to establish and enhance state
\1\

[[Page 65739]]

and tribal \2\ response programs. CERCLA section 128(a) response
program grants are funded with categorical \3\ State and Tribal
Assistance Grant (STAG) appropriations. Section 128(a) cooperative
agreements are awarded and administered by the EPA regional offices.
Generally, these response programs address the assessment, cleanup, and
redevelopment of brownfields sites and other sites with actual or
perceived contamination. This document provides guidance that will
enable states and tribes to apply for and use Fiscal Year 2016 section
128(a) funds.\4\
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\1\ The term ``state'' is defined in this document as defined in
CERCLA section 101(27).
\2\ The term ``Indian tribe'' is defined in this document as it
is defined in CERCLA section 101(36). Intertribal consortia, as
defined in the Federal Register Notice at 67 FR 67181, Nov. 4, 2002,
are also eligible for funding under CERCLA section 128(a).
\3\ Categorical grants are issued by the U.S. Congress to fund
state and local governments for narrowly defined purposes.
\4\ The Agency may waive any provision of this guidance that is
not required by statute, regulation, Executive Order or overriding
Agency policies.
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The Catalogue of Federal Domestic Assistance entry for the section
128(a) State and Tribal Response Program cooperative agreements is
66.817. This grant program is eligible to be included in state and
tribal Performance Partnership Grants under 40 CFR Part 35 Subparts A
and B, with the exception of funds used to capitalize a revolving loan
fund for brownfield remediation under section 104(k)(3); or purchase
environmental insurance or developing a risk sharing pool, an indemnity
pool, or insurance mechanism to provide financing for response actions
under a State or Tribal response program.
Requests for funding will be accepted from December 1, 2015 through
January 31, 2016. Requests EPA receives after January 31, 2016 will not
be considered for FY2016 funding. Information that must be submitted
with the funding request is listed in Section IX of this guidance.
States or tribes that do not submit the request in the appropriate
manner may forfeit their ability to receive funds. First time
requestors are strongly encouraged to contact their Regional EPA
Brownfields contacts, listed at the end of this guidance, prior to
submitting their funding request. EPA will consider funding requests up
to a maximum of $1.0 million per state or tribe for FY2016.
Requests submitted by the January 31, 2016 request deadline are
preliminary; final cooperative agreement work plans and budgets will be
negotiated with the regional offices once final funding allocation
determinations are made. As in previous years, EPA will place special
emphasis on reviewing a cooperative agreement recipient's use of prior
section 128(a) funding in making allocation decisions and unexpended
balances are subject to 40 CFR 35.118 and 40 CFR 35.518 to the extent
consistent with this guidance. Also, EPA will prioritize funding for
recipients establishing their response programs.
States and tribes requesting funds are required to provide a Dun
and Bradstreet Data Universal Numbering System (DUNS) number with their
cooperative agreement's final package. For more information, please go
to www.grants.gov.

II. Background

State and tribal response programs oversee assessment and cleanup
activities at brownfields sites across the country. The depth and
breadth of state and tribal response programs vary. Some focus on
CERCLA related activities, while others are multi-faceted, addressing
sites regulated by both CERCLA and the Resource Conservation and
Recovery Act (RCRA). Many state programs also offer accompanying
financial incentive programs to spur cleanup and redevelopment. In
enacting CERCLA section 128(a),\5\ Congress recognized the
accomplishments of state and tribal response programs in cleaning up
and redeveloping brownfields sites. Section 128(a) provides EPA with an
opportunity to strengthen its partnership with states and tribes, and
recognizes the response programs' critical role in overseeing cleanups
enrolled in their response programs.
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\5\ Section 128(a) was added to CERCLA in 2002 by the Small
Business Liability Relief and Brownfields Revitalization Act
(Brownfield Amendments).
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This funding is intended for those states and tribes that have the
management and administrative capacity within their government required
to administer a federal grant. The primary goal of this funding is to
ensure that state and tribal response programs include, or are taking
reasonable steps to include, certain elements of an environmental
response program and that the response program establishes and
maintains a public record of sites addressed.
Subject to the availability of funds, EPA regional personnel will
be available to provide technical assistance to states and tribes as
they apply for and carry out section 128(a) cooperative agreements.

III. Eligibility For Funding

To be eligible for funding under CERCLA section 128(a), a state or
tribe must:
1. Demonstrate that its response program includes, or is taking
reasonable steps to include, the four elements of a response program
described in Section V of this guidance; or be a party to a voluntary
response program Memorandum of Agreement (VRP MOA) \6\ with EPA; AND
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\6\ States or tribes that are parties to VRP MOAs and that
maintain and make available a public record are automatically
eligible for section 128(a) funding.
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2. maintain and make available to the public a record of sites at
which response actions have been completed in the previous year and are
planned to be addressed in the upcoming year, see CERCLA section
128(b)(1)(C).

IV. Matching Funds/Cost-Share

States and tribes are not required to provide matching funds for
cooperative agreements awarded under section 128(a), with the exception
of section 128(a) funds a state or tribe uses to capitalize a
Brownfields Revolving Loan Fund (RLF). Section 128(a) funds uses to
capitalize a RLF must be operated in accordance with CERCLA section
104(k)(3). There is a 20% cost share requirement for 128(a) funds used
to capitalize a RLF.

V. The Four Elements--Section 128(a)

Section 128(a) recipients that do not have a VRP MOA with EPA must
demonstrate that their response program includes, or is taking
reasonable steps to include, the four elements. Achievement of the four
elements should be viewed as a priority. Section 128(a) authorizes
funding for activities necessary to establish and enhance the four
elements, and to establish and maintain the public record requirement.
The four elements of a response program are described below:
1. Timely survey and inventory of brownfields sites in state or
tribal land. EPA's goal in funding activities under this element is to
enable the state or tribe to establish or enhance a system or process
that will provide a reasonable estimate of the number, likely
locations, and the general characteristics of brownfields sites in
their state or tribal lands. EPA recognizes the varied scope of state
and tribal response programs and will not require states and tribes to
develop a ``list'' of brownfields sites. However, at a minimum, the
state or tribe should develop and/or maintain a system or process that
can provide a reasonable estimate of the number,

[[Page 65740]]

likely location, and general characteristics of brownfields sites
within their state or tribal lands. Inventories should evolve to a
prioritization of sites based on community needs, planning priorities,
and protection of human health and the environment. Inventories should
be developed in direct coordination with communities, and particular
attention should focus on those communities with limited capacity to
compete for, and manage a competitive brownfield assessment, revolving
loan, or cleanup cooperative agreement.
Given funding limitations, EPA will negotiate work plans with
states and tribes to achieve this goal efficiently and effectively, and
within a realistic time frame. For example, many of EPA's Brownfields
Assessment cooperative agreement recipients conduct inventories of
brownfields sites in their communities or jurisdictions. EPA encourages
states and tribes to work with these cooperative agreement recipients
to obtain the information that they have gathered and include it in
their survey and inventory.
2. Oversight and enforcement authorities or other mechanisms and
resources. EPA's goal in funding activities under this element is to
have state and tribal response programs that include oversight and
enforcement authorities or other mechanisms, and resources that are
adequate to ensure that:
a. A response action will protect human health and the environment,
and be conducted in accordance with applicable laws; and
b. the state or tribe will complete the necessary response
activities if the person conducting the response fails to complete the
necessary response (this includes operation and maintenance and/or
long-term monitoring activities).
3. Mechanisms and resources to provide meaningful opportunities for
public participation.\7\ EPA's goal in funding activities under this
element is to have states and tribes include in their response program
mechanisms and resources for meaningful public participation, at the
local level, including, at a minimum:
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\7\ States and tribes establishing this element may find useful
information on public participation on EPA's community involvement
Web site at http://www.epa.gov/superfund/community/policies.htm.
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a. Public access to documents and related materials that a state,
tribe, or party conducting the cleanup is relying on or developing to
make cleanup decisions or conduct site activities;
b. prior notice and opportunity for meaningful public comment on
cleanup plans and site activities, including the input into the
prioritization of sites; and
c. a mechanism by which a person who is, or may be, affected by a
release or threatened release of a hazardous substance, pollutant, or
contaminant at a brownfields site--located in the community in which
the person works or resides--may request that a site assessment be
conducted. The appropriate state or tribal official must consider this
request and appropriately respond.
4. Mechanisms for approval of a cleanup plan, and verification and
certification that cleanup is complete. EPA's goal in funding
activities under this element is to have states and tribes include in
their response program mechanisms to approve cleanup plans and to
verify that response actions are complete, including a requirement for
certification or similar documentation from the state, the tribe, or a
licensed site professional that the response action is complete.
Written approval by a state or tribal response program official of a
proposed cleanup plan is an example of an approval mechanism.

VI. Public Record Requirement

In order to be eligible for section 128(a) funding, states and
tribes (including those with MOAs) must establish and maintain a public
record system, as described below. The public record should be made
available to provide a mechanism for meaningful public participation
(refer to Section V.3 above). Specifically, under section 128(b)(1)(C),
states and tribes must:
1. Maintain and update, at least annually or more often as
appropriate, a record that includes the name and location of sites at
which response actions have been completed during the previous year;
2. maintain and update, at least annually or more often as
appropriate, a record that includes the name and location of sites at
which response actions are planned in the next year; and
3. identify in the public record whether or not the site, upon
completion of the response action, will be suitable for unrestricted
use. If not, the public record must identify the institutional controls
relied on in the remedy and include relevant information concerning the
entity that will be responsible for oversight, monitoring, and/or
maintenance of the institutional and engineering controls; and how the
responsible entity is implementing those activities (see Section VI.C).

Section 128(a) funds may be used to maintain and make available a
public record system that meets the requirements discussed above.

A. Distinguishing the ``Survey and Inventory'' Element From the
``Public Record''

It is important to note that the public record requirement differs
from the ``timely survey and inventory'' element described in the
``Four Elements'' section above. The public record addresses sites at
which response actions have been completed in the previous year or are
planned in the upcoming year. In contrast, the ``timely survey and
inventory'' element, described above, refers to identifying brownfields
sites regardless of planned or completed actions at the site.

B. Making the Public Record Easily Accessible

EPA's goal is to enable states and tribes to make the public record
and other information, such as information from the ``survey and
inventory'' element, easily accessible. For this reason, EPA will allow
states and tribes to use section 128(a) funding to make the public
record, as well as other information, such as information from the
``survey and inventory'' element, available to the public via the
internet or other means. For example, the Agency would support funding
state and tribal efforts to include detailed location information in
the public record such as the street address, and latitude and
longitude information for each site.\8\ States and tribes should ensure
that all affected communities have appropriate access to the public
record by making it available on-line, in print at libraries, or at
other community gathering places.
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\8\ For further information on data quality requirements for
latitude and longitude information, please see EPA's data standards
Web site available at http://iaspub.epa.gov/sor_internet/registry/datastds/findadatastandard/epaapproved/latitudelongitude.
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In an effort to reduce cooperative agreement reporting requirements
and increase public access to the public record, EPA encourages states
and tribes to place their public record on the internet. If a state or
tribe places the public record on the internet, maintains the
substantive requirements of the public record, and provides EPA with
the link to that site, EPA will, for purposes of cooperative agreement
funding only, deem the public record reporting requirement met.

C. Long-Term Maintenance of the Public Record

EPA encourages states and tribes to maintain public record
information,

[[Page 65741]]

including data on institutional controls, on a long term basis (more
than one year) for sites at which a response action has been completed.
Subject to EPA regional office approval, states or tribes may include
development and operation of systems that ensure long term maintenance
of the public record, including information on institutional controls
(such as ensuring the entity responsible for oversight, monitoring,
and/or maintenance of the institutional and engineering controls is
implementing those activities) in their work plans.\9\
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\9\ States and tribes may find useful information on
institutional controls on the EPA's institutional controls Web site
at http://www.epa.gov/superfund/policy/ic/index.htm.
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VII. Use of Funding

A. Overview

Section 128(a)(1)(B) describes the eligible uses of cooperative
agreement funds by states and tribes. In general, a state or tribe may
use funding to ``establish or enhance'' its response program.
Specifically, a state or tribe may use cooperative agreement funds to
build response programs that includes the four elements outline in
section 128(a)(2). Eligible activities include, but are not limited to,
the following:
Developing legislation, regulations, procedures,
ordinances, guidance, etc. that establish or enhance the administrative
and legal structure of a response program;
establishing and maintaining the required public record
described in Section VI of this guidance;
operation, maintenance and long-term monitoring of
institutional controls and engineering controls;
conducting site-specific activities, such as assessment or
cleanup, provided such activities establish and/or enhance the response
program and are tied to the four elements. In addition to the
requirement under CERCLA section 128(a)(2)(C)(ii) to provide for public
comment on cleanup plans and site activities, EPA strongly encourages
states and tribes to seek public input regarding the priority of sites
to be addressed and solicit input from local communities, especially
potential environmental justice communities, communities with a health
risk related to exposure to hazardous waste or other public health
concerns, economically disadvantaged or remote areas, and communities
with limited experience working with government agencies. EPA will not
provide section 128(a) funds solely for assessment or cleanup of
specific brownfields sites; site-specific activities must be part of an
overall section 128(a) work plan that includes funding for other
activities that establish or enhance the four elements;
capitalizing a revolving loan fund (RLF) for brownfields
cleanup under CERCLA section 104(k)(3). These RLFs are subject to the
same statutory requirements and cooperative agreement terms and
conditions applicable to RLFs awarded under section 104(k)(3).
Requirements include a 20 percent match (can be in the form of a
contribution of money, labor, material, or services from a non-federal
source) on the amount of section 128(a) funds used for the RLF, a
prohibition on using EPA cooperative agreement funds for administrative
costs relating to the RLF, and a prohibition on using RLF loans or
subgrants for response costs at a site for which the recipient may be
potentially liable under section 107 of CERCLA. Other prohibitions
contained in CERCLA section 104(k)(4) also apply; and
purchasing environmental insurance or developing a risk-
sharing pool, indemnity pool, or insurance mechanism to provide
financing for response actions under a state or tribal response
program.

B. Uses Related to ``Establishing'' a State or Tribal Response Program

Under CERCLA section 128(a), ``establish'' includes activities
necessary to build the foundation for the four elements of a state or
tribal response program and the public record requirement. For example,
a state or tribal response program may use section 128(a) funds to
develop regulations, ordinances, procedures, guidance, and a public
record.

C. Uses Related to ``Enhancing'' a State or Tribal Response Program

Under CERCLA section 128(a), ``enhance'' is related to activities
that add to or improve a state or tribal response program or increase
the number of sites at which response actions are conducted under a
state or tribal response program.
The exact ``enhancement'' uses that may be allowable depend upon
the work plan negotiated between the EPA regional office and the state
or tribe. For example, regional offices and states or tribes may agree
that section 128(a) funds may be used for outreach and training
directly related to increasing awareness of its response program, and
improving the skills of program staff. It may also include developing
better coordination and understanding of other state response programs,
e.g., RCRA or Underground Storage Tanks (USTs). As another example,
states and tribal response programs enhancement activities can include
outreach to local communities (e.g., distressed, environmental justice,
rural, tribal, etc.) to increase their awareness about brownfields,
building a sustainable brownfields program, federal brownfields
technical assistance opportunities \10\ (e.g., holding workshops to
assist communities to apply for federal Brownfields grant funding), and
knowledge regarding the importance of monitoring engineering and
institutional controls. Additionally, state and tribal response
programs enhancement activities can include facilitating the
participation of the state and local agencies (e.g., transportation,
water, other infrastructure) in implementation of brownfields projects.
Another example of program enhancement activities can be for states and
tribes to assist local communities to collaborate with local workforce
development entities or Brownfields job training recipients on the
assessment and cleanup of brownfield sites.\11\ Other ``enhancement''
uses may be allowable as well.
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\10\ EPA expects states and tribes will familiarize themselves
with US EPA's brownfields technical assistance opportunities for
brownfields communities. For more information on technical
assistance opportunities, please visit: http://www.epa.gov/brownfields/tools/index.htm.
\11\ For more information about EPA's Brownfields Environmental
Workforce Development and Job Training Program, please visit: http://www.epa.gov/brownfields/job.htm.
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Note: EPA anticipates states and tribes will work with their EPA
Brownfields Area-Wide Planning, Cleanup, and Revolving Loan Fund
recipients to incorporate changing climate conditions in their reuse
plans and clean up remedies, as appropriate.\12\
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\12\ For more information about EPA's Climate Adaptation Plan,
please visit: http://www.epa.gov/climatechange/impacts-adaptation/fed-programs.html.
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D. Uses Related to Site-Specific Activities

1. Eligible Uses of Funds for Site-Specific Activities
Site-specific assessment and cleanup activities should establish
and/or enhance the response program and be tied to the four elements.
Site-specific assessments and cleanups can be both eligible and
allowable if the activities is included in the work plan negotiated
between the EPA regional office and the state or tribe, but activities
must comply with all applicable laws and are subject to the following
restrictions:
a. Section 128(a) funds can only be used for assessments or
cleanups at sites that meet the definition of a brownfields site at
CERCLA section 101(39). EPA

[[Page 65742]]

encourages states and tribes to use site-specific funding to perform
assessment (e.g., phase I, phase II, supplemental assessments and
cleanup planning) and cleanup activities that will lead more quickly to
the reuse and redevelopment of sites, particularly sites located in
distressed, environmental justice, rural or tribal communities.
Furthermore, states and tribes that perform site-specific activities
should plan to directly engage with and involve the targeted community
in the project. For example, a Community Relations Plan (CRP) could be
developed to provide reasonable notice to the public about a planned
cleanup, as well as opportunities for the public to comment on the
cleanup. States and tribes should work towards securing additional
funding for site-specific activities by leveraging resources from other
sources such as businesses, non-profit organizations, education and
training providers, and/or federal, state, tribal, and local
governments;
b. absent EPA approval, no more than $200,000 per site assessment
can be funded with section 128(a) funds, and no more than $200,000 per
site cleanup can be funded with section 128(a) funds;
c. absent EPA approval, the state/tribe may not use funds awarded
under this agreement to assess and/or clean up sites owned or operated
by the recipient or held in trust by the United States Government for
the recipient; and
d. assessments and cleanups cannot be conducted at sites where the
state/tribe is a potentially responsible party pursuant to CERCLA
section 107, except:
At brownfields sites contaminated by a controlled
substance as defined in CERCLA section 101(39)(D)(ii)(I); or
when the recipient would satisfy all of the elements set
forth in CERCLA section 101(40) to qualify as a bona fide prospective
purchaser except that the date of acquisition of the property was on or
before January 11, 2002.

Subgrants cannot be provided to entities that may be potentially
responsible parties (pursuant to CERCLA section 107) at the site for
which the assessment or cleanup activities are proposed to be
conducted, except:
1. At brownfields sites contaminated by a controlled substance as
defined in CERCLA section 101(39)(D)(ii)(I); or
2. when the recipient would satisfy all of the elements set forth
in CERCLA section 101(40) to qualify as a bona fide prospective
purchaser except that the date of acquisition of the property was on or
before January 11, 2002.
2. Limitations on the Amount of Funds Used for Site-Specific Activities
and Waiver Process
States and tribes may use section 128(a) funds for site-specific
activities that improve state or tribal capacity but the amount
recipients may request for site-specific assessments and cleanups may
not exceed 50% of the total amount of funding.\13\ In order to exceed
the 50% site-specific funding amount a state or tribe must submit a
waiver request. In order for EPA to consider a waiver, the total amount
of the site-specific request may not exceed the recipient's total
funding level for the previous year. The funding request must include a
brief justification describing the reason(s) for spending more than 50%
of an annual allocation on site-specific activities. An applicant, when
requesting a waiver, must include the following information in the
written justification:
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\13\ Oversight of assessment and cleanup activities performed by
responsible parties (other than the state or tribe) does not count
toward the 50% limit.
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Total amount requested for site-specific activities;
percentage of the site-specific activities (assuming
waiver is approved) in the total budget;
site specific activities that will be covered by this
funding. If known, provide site specific information and describe how
work on each site contributes to the development or enhancement of your
state/tribal site response program. EPA recognizes the role of response
programs to develop and provide capacity in distressed, environmental
justice, rural or tribal communities, and encourages prioritization for
site-specific activities in those communities. Further explain how the
community will be (or has been) involved in prioritization of site work
and especially those sites where there is a potential or known
significant environmental impact to the community;
an explanation of how this shift in funding will not
negatively impact the core programmatic capacity (i.e., the ability to
establish/enhance four elements of a response program) and how related
activities will be maintained in spite of an increase in site-specific
work. Recipients must demonstrate that they have adequate funding from
other sources to effectively carry out work on the four elements for
EPA to grant a waiver of the 50% limit on using 128(a) funds for site-
specific activities;
an explanation as to whether the sites to be addressed are
those for which the affected community(ies) has requested work be
conducted (refer to Section VII.A Overview of Funding for more
information).

EPA Headquarters will approve waivers based on the information in the
justification and other information available to the Agency. The EPA
will inform recipients whether the waiver is approved.
3. Uses Related to Site-Specific Activities at Petroleum Brownfields
Sites
States and tribes may use section 128(a) funds for activities that
establish and enhance response programs addressing petroleum brownfield
sites. Subject to the restrictions listed above (see Section VII.D.1)
for all site-specific activities, the costs of site-specific
assessments and cleanup activities at petroleum contaminated
brownfields sites, defined at CERCLA section 101(39)(D)(ii)(II), are
both eligible and allowable if the activity is included in the work
plan negotiated between the EPA regional office and the state or tribe.
Section 128(a) funds used to capitalize a Brownfields RLF may be used
at brownfields sites contaminated by petroleum to the extent allowed
under CERCLA section 104(k)(3).
4. Additional Examples of Eligible Site-Specific Activities
Other eligible uses of funds for site-specific related include, but
are not limited to, the following activities:
Technical assistance to federal brownfields cooperative
agreement recipients;
development and/or review of quality assurance project
plans (QAPPs); and
entering data into the Assessment Cleanup and
Redevelopment Exchange System (ACRES) database

E. Uses Related to Activities at ``Non-Brownfields'' Sites

Costs incurred for activities at non-brownfields sites, e.g.,
oversight, may be eligible and allowable if such activities are
included in the state's or tribe's work plan. Other uses not
specifically referenced in this guidance may also be eligible and
allowable. Recipients should consult with their regional state or
tribal contact for additional guidance. Direct assessment and cleanup
activities may only be conducted on eligible brownfields sites, as
defined in CERCLA section 101(39).

VIII. General Programmatic Guidelines for 128(a) Grant Funding Requests

Funding authorized under CERCLA section 128(a) is awarded through a

[[Page 65743]]

cooperative agreement \14\ between EPA and a state or a tribe. The
program administers cooperative agreements under the Uniform
Administrative Requirements, Cost Principles and Audit requirements for
Federal Awards regulations for all entity types including states,
tribes, and local governments found in the Code of Federal Regulations
at 2 CFR Part 200 and any applicable EPA regulations in Title 2 CFR
Subtitle B--Federal Agency Regulations for Grants and Agreements
Chapter 15 \15\ as well as applicable provisions of 40 CFR Part 35
Subparts A and B. Under these regulations, the cooperative agreement
recipient for section 128(a) grant program is the government to which a
cooperative agreement is awarded and which is accountable for the use
of the funds provided. The cooperative agreement recipient is the
entire legal entity even if only a particular component of the entity
is designated in the cooperative agreement award document. Further,
unexpended balances of cooperative agreement funds are subject to 40
CFR 35.118 and 40 CFR 35.518. EPA allocates funds to state and tribal
response programs consistent with 40 CFR 35.420 and 40 CFR 35.737.
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\14\ A cooperative agreement is an agreement to a state/tribe
that includes substantial involvement by EPA on activities described
in the work plan which may include technical assistance,
collaboration on program priorities, etc.
\15\ EPA's regulations will take effect December 26, 2014 (2 CFR
200.110).
---------------------------------------------------------------------------

A. One Application per State or Tribe

Subject to the availability of funds, EPA regional offices will
negotiate and enter into section 128(a) cooperative agreements with
eligible and interested states or tribes. EPA will accept only one
application from each eligible state or tribe.

B. Maximum Funding Request

For Fiscal Year 2016, EPA will consider funding requests up to a
maximum of $1.0 million per state or tribe. Please note the CERCLA
128(a) program's annual budget has remained relatively the same since
2003 while demand has increased over time. Due to the increasing number
of entities requesting funding, it is likely that the FY16 states and
tribal individual funding amounts will be less than the FY15 individual
funding amounts.

C. Define the State or Tribal Response Program

States and tribes must define in their work plan the ``section
128(a) response program(s)'' to which the funds will be applied, and
may designate a component of the state or tribe that will be EPA's
primary point of contact for negotiations on their proposed work plan.
When EPA funds the section 128(a) cooperative agreement, states and
tribes may distribute these funds among the appropriate state and
tribal agencies that are part of the section 128(a) response program.
This distribution must be clearly outlined in their annual work plan.

D. Separate Cooperative Agreements for the Capitalization of RLFs Using
Section 128(a) Funds

If a portion of the section 128(a) grant funds requested will be
used to capitalize a revolving loan fund for cleanup, pursuant to
section 104(k)(3), two separate cooperative agreements must be awarded,
i.e., one for the RLF and one for non-RLF uses. States and tribes may,
however, submit one initial request for funding, delineating the RLF as
a proposed use. Section 128(a) funds used to capitalize an RLF are not
eligible for inclusion into a Performance Partnership Grant (PPG).

E. Authority To Manage a Revolving Loan Fund Program

If a state or tribe chooses to use its section 128(a) funds to
capitalize a revolving loan fund program, the state or tribe must have
the lead authority to manage the program, e.g., hold loans, make loans,
enter into loan agreements, collect repayment, access and secure the
site in event of an emergency or loan default. If the agency/department
listed as the point of contact for the section 128(a) cooperative
agreement does not have this authority, it must be able to demonstrate
that another state or tribal agency does have the authority to manage
the RLF and is willing to do so.

F. Section 128(a) Cooperative Agreements Can Be Part of a Performance
Partnership Grant (PPG)

States and tribes may include section 128(a) cooperative agreements
in their PPG 69 FR 51,756 (2004). Section 128(a) funds used to
capitalize an RLF or purchase environmental insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a state or tribal response program
are not eligible for inclusion in the PPG.

G. Project Period

EPA regional offices will determine the project period for each
cooperative agreement. These may be for multiple years depending on the
regional office's cooperative agreement policies. Each cooperative
agreement must have an annual budget period tied to an annual work
plan. While not prohibited, pre-award costs are subject to 40 CFR
35.113 and 40 CFR 35.513.

H. Demonstrating the Four Elements

As part of the annual work plan negotiation process, states or
tribes that do not have VRP MOAs must demonstrate that their program
includes, or is taking reasonable steps to include, the four elements
described in Section V. EPA will not fund, in future years, state or
tribal response program annual work plans if EPA determines that these
elements are not met or reasonable progress is not being made. EPA may
base this determination on the information the state or tribe provides
to support its work plan, on progress reports, or on EPA's review of
the state or tribal response program.

I. Establishing and Maintaining the Public Record

Prior to funding a state's or tribe's annual work plan, EPA
regional offices will verify and document that a public record, as
described in Section VI and below, exists and is being maintained.\16\
Specifically for:
---------------------------------------------------------------------------

\16\ For purposes of 128(a) funding, the state's or tribe's
public record applies to that state's or tribe's response program(s)
that utilized the section 128(a) funding.
---------------------------------------------------------------------------

states or tribes that received initial funding prior to
FY15: Requests for FY16 funds will not be accepted from states or
tribes that fail to demonstrate, by the January 31, 2016 request
deadline, that they established and are maintaining a public record.
(Note, this would potentially impact any state or tribe that had a term
and condition placed on their FY15 cooperative agreement that
prohibited drawdown of FY15 funds prior to meeting public record
requirement). States or tribes in this situation will not be prevented
from drawing down their prior year funds once the public record
requirement is met; and
states or tribes that received initial funding in FY15: By
the time of the actual FY16 award, the state or tribe must demonstrate
that they established and maintained the public record (those states
and tribes that do not meet this requirement will have a term and
condition placed on their FY16 cooperative agreement that prohibits the
drawdown of FY16 funds until the public record requirement is met).

J. Demonstration of Significant Utilization of Prior Years' Funding

States and tribes should be aware that EPA and its Congressional
appropriations committees place

[[Page 65744]]

significant emphasis on the utilization of prior years' funding. Unused
funds prior to FY15 will be considered in the allocation process.
Existing balances of cooperative agreement funds as reflected in EPA's
Financial Data Warehouse could support an allocation amount below a
recipient's request for funding or, if appropriate deobligation and
reallocation by EPA Regions as provided for in 40 CFR 35.118 and 40 CFR
35.518.
EPA Regional staff will review EPA's Financial Database Warehouse
to identify the amount of remaining prior year(s) funds. The requestor
should work, as early as possible, with both their own finance
department, and with their Regional Project Officer to reconcile any
discrepancy between the amount of unspent funds showing in EPA's
system, and the amount reflected in the recipient's records. The
recipient should obtain concurrence from the Region on the amount of
unspent funds requiring justification by the deadline for this request
for funding.

K. Allocation System and Process for Distribution of Funds

After the January 31, 2016, request deadline, EPA's Regional
Offices will submit summaries of state and tribal requests to EPA
Headquarters. Before submitting requests to EPA Headquarters, regional
offices may take into account additional factors when determining
recommended allocation amounts. Such factors include, but are not
limited to, the depth and breadth of the state or tribal program; scope
of the perceived need for the funding, e.g., size of state or tribal
jurisdiction or the proposed work plan balanced against capacity of the
program, amount of current year funding, funds remaining from prior
years, etc.
After receipt of the regional recommendations, EPA Headquarters
will consolidate requests and make decisions on the final funding
allocations.
EPA regional offices will work with interested states and tribes to
develop their preliminary work plans and funding requests. Final
cooperative agreement work plans and budgets will be negotiated with
the regional office once final allocation determinations are made.
Please refer to process flow chart below (dates are estimates and
subject to change):
[GRAPHIC] [TIFF OMITTED] TN27OC15.000

IX. Information To Be Submitted With the Funding Request

A. Summary of Planned Use of FY16 Funding

All states and tribes requesting FY16 funds must submit (to their
regional brownfields contact) a summary of the planned use of the funds
with associated dollar amounts. Please provide the request in the chart
below. The amount of funding requested should be an amount that can be
reasonably spent in one year. It is likely that the FY16 state and
tribal individual funding amounts will be less than the FY15 individual
funding amounts. The requestor should work, as early as possible, with
their EPA Regional Program contact to ensure that the funding amount
requested and related activities are reasonable.

B. Demonstration of Significant Utilization of Prior Years' Funding

States and tribes that received section 128(a) funds prior to FY15
must provide the amount of the prior years' funding including funds
that recipients have not received in payments (i.e., funds EPA has
obligated for grants that remain in EPA's Financial Data Warehouse).
EPA will take into account these funds in the allocation process when
determining the recipient's programmatic needs under 40 CFR 35.420 and
40 CFR 35.737. The recipient should include a detailed explanation and
justification of prior year funds that remain in EPA's Financial Data
Warehouse as unspent balances. The recipient should obtain concurrence
from the Region on the amount of unspent funds requiring explanation by
the January 31, 2016 deadlines for submitting funding requests.

C. Optional: Explanation of Overall Program Impacts of Any Funding
Reductions

Please explain the programmatic effects of a reduction (to your
current funding amount) on significant activities of your response
program. Specifically, at what amount (e.g., percentage of your current
funding level) would your response program experience core programmatic
impacts such as a reduction in staff, a decrease in oversight
activities, or other impacts to the environment and health of the
communities the program serves, etc.? An EPA Region may require that
this information be submitted as part of the request for funding in
order to fully understand the individual program impacts associated
with decreased funding. These impacts will be considered as part of the
decision for the final allocation.

[[Page 65745]]

----------------------------------------------------------------------------------------------------------------
FY15 FY16 Summary of intended use (EXAMPLE
Funding use awarded requested USES)
----------------------------------------------------------------------------------------------------------------
Establish or enhance the four elements:
1. Timely survey and inventory of $XX,XXX $XX,XXX 1. Examples:
brownfields sites; inventory and prioritize
brownfields sites.
institutional control (IC)/
engineering control (EC) tracking.
2. Oversight and enforcement authorities 2. Examples:
or other mechanisms; develop/enhance ordinances,
regulations, procedures for response
programs.
3. Mechanisms and resources to provide 3. Examples:
meaningful opportunities for public develop a community
participation; involvement process.
conduct community outreach.
issue public notices of site
activities.
develop a process to seek
public input from local communities,
especially potential environmental
justice communities, communities with
a health risk related to exposure to
hazardous waste or other public
health concerns, economically
disadvantaged or remote areas, and
communities with limited experience
working with government agencies to
prioritize sites to be addressed.
4. Mechanisms or approval of a cleanup ........... ........... 4. Examples:
plan and verification and certification Develop/update cleanup
that cleanup is complete. standards.
review cleanup plans and
verify completed actions.
----------------------------------------------------------------------------------------------------------------
Establish and maintain the public record...... $XX,XXX $XX,XXX maintain public record.
create web site for public
record.
disseminate public
information on how to access the
public record.
----------------------------------------------------------------------------------------------------------------
Enhance the response program.................. $XX,XXX $XX,XXX provide oversight of site
assessments and cleanups.
attend training and
conferences on brownfields cleanup
technologies & other brownfields
topics.
update and enhance program
management activities.
negotiate/oversee contracts
for response programs.
enhance program management &
tracking systems.
----------------------------------------------------------------------------------------------------------------
Site-specific activities (amount requested $XX,XXX $XX,XXX perform site assessments and
should be incidental to the workplan, see cleanups.
Section VI.D for more information on what develop QAPPs.
activities should be considered when establish eligibility of
calculating site specific activities). target sites.
prepare Property Profile
Forms/input data into ACRES database
for these sites.
----------------------------------------------------------------------------------------------------------------
Environmental insurance....................... $XX,XXX $XX,XXX review potential uses of
environmental insurance.
manage an insurance risk
pool.
----------------------------------------------------------------------------------------------------------------
Revolving loan fund........................... $XX,XXX $XX,XXX create a cleanup revolving
loan fund.
-----------------------------------------------------------------
Total funding............................. $XXX,XXX $XXX,XXX Performance Partnership Grant? Yes
[ballot] No [ballot].
----------------------------------------------------------------------------------------------------------------

X. Terms and Reporting

Cooperative agreements for state and tribal response programs will
include programmatic and administrative terms and conditions. These
terms and conditions will describe EPA's substantial involvement
including technical assistance and collaboration on program development
and site-specific activities. Each of the subsections below summarizes
the basic terms and conditions, and related reporting that will be
required if a cooperative agreement with EPA is awarded.

A. Progress Reports

In accordance with 2 CFR 200.328 and any EPA specific regulations,
state and tribes must provide progress reports as provided in the terms
and conditions of the cooperative agreement negotiated with EPA
regional offices. State and tribal costs for complying with reporting
requirements are an eligible expense under the section 128(a)
cooperative agreement. As a minimum, state or tribal progress reports
must include both a narrative discussion and performance data relating
to the state's or tribe's accomplishments and environmental outputs
associated with the approved budget and workplan. Reports should also
provide an accounting of section 128(a) funding. If applicable, the
state or tribe must include information on activities related to
establishing or enhancing the four elements of the state's or tribe's
response program. All recipients must provide information related to
establishing or, if already established, maintaining the public record.
Depending upon the activities included in the state's or tribe's work
plan, an EPA regional office may request that a progress report
include:
1. Reporting interim and final progress reports. Reports must
prominently display the following three relevant Essential Elements as
reflected in the current EPA strategic plan: Strategic Plan Goal 3:
Cleaning Up Communities and Advancing Sustainable Development,
Strategic Plan Objective 3.1: Promote Sustainable and Livable
Communities, and Work plan Commitments and Timeframes. EPA's strategic
plan can be found on the internet at http://www.epa.gov/planandbudget/strategicplan.html.
2. Reporting for Non-MOA states and tribes. All recipients without
a VRP MOA must report activities related to establishing or enhancing
the four elements of the state's or tribe's

[[Page 65746]]

response program. For each element state/tribes must report how they
are maintaining the element or how they are taking reasonable steps to
establish or enhance the element as negotiated in individual state/
tribal work plans. For example, pursuant to CERCLA section
128(a)(2)(B), reports on the oversight and enforcement authorities/
mechanisms element may include:
A narrative description and copies of applicable documents
developed or under development to enable the response program to
conduct enforcement and oversight at sites. For example:
[cir] Legal authorities and mechanisms (e.g., statutes,
regulations, orders, agreements); and
[cir] policies and procedures to implement legal authorities; and
other mechanisms;
a description of the resources and staff allocated/to be
allocated to the response program to conduct oversight and enforcement
at sites as a result of the cooperative agreement;
a narrative description of how these authorities or other
mechanisms, and resources, are adequate to ensure that:
[cir] A response action will protect human health and the
environment; and be conducted in accordance with applicable federal and
state law; and if the person conducting the response action fails to
complete the necessary response activities, including operation and
maintenance or long-term monitoring activities, the necessary response
activities are completed; and
a narrative description and copy of appropriate documents
demonstrating the exercise of oversight and enforcement authorities by
the response program at a brownfields site.
3. Reporting for site-specific assessment or cleanup activities.
Recipients with work plans that include funding for brownfields site
assessment or cleanup must input information required by the OMB-
approved Property Profile Form into the ACRES database for each site
assessment and cleanup. In addition, recipients must report how they
provide the affected community with prior notice and opportunity for
meaningful participation as per CERCLA section 128(a)(2)(C)(ii), on
proposed cleanup plans and site activities. For example, EPA strongly
encourages states and tribes to seek public input regarding the
priority of sites to be addressed and to solicit input from local
communities, especially potential environmental justice communities,
communities with a health risk related to exposure to hazardous waste
or other public health concerns, economically disadvantaged or remote
communities, and communities with limited experience working with
government agencies.
4. Reporting for other site-specific activities. Recipients with
work plans that include funding for other site-specific related
activities must include a description of the site-specific activities
and the number of sites at which the activity was conducted. For
example:
Number and frequency of oversight audits of licensed site
professional certified cleanups;
number and frequency of state/tribal oversight audits
conducted;
number of sites where staff conducted audits, provided
technical assistance, or conducted other oversight activities; and
number of staff conducting oversight audits, providing
technical assistance, or conducting other oversight activities.
5. Reporting required when using funding for an RLF. Recipients
with work plans that include funding for revolving loan fund (RLF) must
include the information required by the terms and conditions for
progress reporting under CERCLA section 104(k)(3) RLF cooperative
agreements.
6. Reporting environmental insurance. Recipients with work plans
that include funding for environmental insurance must report:
Number and description of insurance policies purchased
(e.g., type of coverage provided; dollar limits of coverage; any
buffers or deductibles; category and identity of insured persons;
premium; first dollar or umbrella; site specific or blanket; occurrence
or claims made, etc.);
the number of sites covered by the insurance;
the amount of funds spent on environmental insurance
(e.g., amount dedicated to insurance program, or to insurance
premiums); and
the amount of claims paid by insurers to policy holders.
The regional offices may also request that information be added to
the progress reports, as appropriate, to properly document activities
described by the cooperative agreement work plan.
EPA regions may allow states or tribes to provide performance data
in appropriate electronic format.
The regional offices will forward progress reports to EPA
Headquarters, if requested. This information may be used to develop
national reports on the outcomes of CERCLA section 128(a) funding to
states and tribes.

B. Reporting of Program Activity Levels

States and tribes must report, by January 31, 2016, a summary of
the previous federal fiscal year's work (October 1, 2014 through
September 30, 2015). The following information must be submitted to
your regional project officer:
Environmental programs where CERCLA section 128(a) funds
are used to support capacity building (general program support, non-
site-specific work). Indicate as appropriate from the following:

_Brownfields
_Underground Storage Tanks/Leaking Underground Storage Tanks
_Federal Facilities
_Solid Waste
_Superfund
_Hazardous Waste Facilities
_VCP (Voluntary Cleanup Program, Independent Cleanup Program, etc.)
_Other____;

number of properties (or sites) enrolled in a response
program during FY15;
number of properties (or sites) where documentation
indicates that cleanup work is complete and all required institutional
controls (IC's) are in place, or not required;
total number of acres associated with properties (or
sites) in the previous bullet;
number of properties where assistance was provided, but
the property was not enrolled in the response program (OPTIONAL);
date that the public record was last updated;
Estimated total number of properties (or sites) in your
brownfields inventory;
Please provide a brief narrative explaining how you ensure
that cleanup remedies (including engineering controls and institutional
controls) are still protective in the future; and
Did you develop or revise legislation, regulations, codes,
guidance documents or policies related to establishing or enhancing
your Voluntary Cleanup Program/Response Program during FY15? If yes,
please indicate the type and whether it was new or revised.
EPA may require states/tribes to report specific performance
measures related to the four elements that can be aggregated for
national reporting to Congress. For example:
1. timely survey and inventory--estimated number of brownfields
sites in the state or on tribal land;
2. oversight and enforcement authorities/mechanisms--number of
active cleanups and percentage that received oversight; percentage of
active cleanups not in compliance with the cleanup workplan and that
received

[[Page 65747]]

communications from recipient regarding non-compliance;
3. public participation--percentage of sites in the response
program where public meetings/notices were conducted regarding the
cleanup plan and/or other site activities; number of site assessments
requests, and responses to such requests; and
4. cleanup approval/certification mechanisms--total number of ``no
further action'' letters or total number of certificates of
completions.

Note: This reporting requirement may include activities not
funded with CERCLA section 128(a) funding, because such information
may be helpful to EPA when evaluating whether recipients have met or
are taking reasonable steps to meet the four elements of a response
program pursuant to CERCLA section 128(a)(2).

C. Reporting of Public Record

All recipients must report, as specified in the terms and
conditions of their cooperative agreement, and in Section VIII.I of
this guidance, information related to establishing, or if already
established, maintaining the public record, described above. States and
tribes can refer to an already existing public record, e.g., Web site
or other public database to meet the public record requirement.
Recipients reporting may only be required to demonstrate that the
public record a) exists and is up-to-date, and b) is adequate. A public
record may include the following information:
A list of sites at which response actions have been completed in
the past year including:
date the response action was completed;
site name;
name of owner at time of cleanup, if known;
location of the site (street address, and latitude and
longitude);
whether an institutional control is in place;
type of institutional control in place (e.g., deed
restriction, zoning restriction, local ordinance, state registries of
contaminated property, deed notices, advisories, etc.);
nature of the contamination at the site (e.g., hazardous
substances, contaminants or pollutants, petroleum contamination, etc.);
and
size of the site in acres.
A list of sites planned to be addressed by the state or tribal
response program in the coming year including:
site name and the name of owner at time of cleanup, if
known;
location of the site (street address, and latitude and
longitude);
to the extent known, whether an institutional control is
in place;
type of the institutional control in place (e.g., deed
restriction, zoning restriction, local ordinance, state registries of
contaminated property, deed notices, advisories, etc.);
to the extent known, the nature of the contamination at
the site (e.g., hazardous substances, contaminants, or pollutants,
petroleum contamination, etc.); and
size of the site in acres

D. Award Administration Information

1. Subaward and Executive Compensation Reporting
Applicants must ensure that they have the necessary processes and
systems in place to comply with the subaward and executive total
compensation reporting requirements established under OMB guidance at 2
CFR Part 170, unless they qualify for an exception from the
requirements, should they be selected for funding.
2. System for Award Management (SAM) and Data Universal Numbering
System (DUNS) Requirements
Unless exempt from these requirements under OMB guidance at 2 CFR
Part 25 (e.g., individuals), applicants must:
1. Be registered in SAM prior to submitting an application or
proposal under this announcement. SAM information can be found at
https://www.sam.gov/portal/public/SAM/.
2. Maintain an active SAM registration with current information at
all times during which it has an active Federal award or an application
or proposal under consideration by an agency, and
3. Provide its DUNS number in each application or proposal it
submits to the agency. Applicants can receive a DUNS number, at no
cost, by calling the dedicated toll-free DUNS Number request line at 1-
866-705-5711, or visiting the D&B Web site at: http://www.dnb.com.
If an applicant fails to comply with these requirements, it will,
should it be selected for award, affect their ability to receive the
award.
Please note that the CCR has been replaced by the System for Award
Management (SAM). To learn more about SAM, go to SAM.gov or https://www.sam.gov/portal/public/SAM/.
3. Submitting an Application via Grants.gov
All grant applications for non-competitive assistance agreements
awards submitted on or after February 17, 2015 must be submitted using
Grants.gov. Below is the information that the applicant will use to
submit their State and Tribal Response Program Grant applications via
Grants.gov:

CDFA number: 66.817
Funding Opportunity Number (FON): EPA-CEP-02
To learn more about the Grants.gov submission requirements, go to
http://www.epa.gov/ogd/grants_gov_submission_requirement.htm.
4. Use of Funds
An applicant that receives an award under this announcement is
expected to manage assistance agreement funds efficiently and
effectively, and make sufficient progress towards completing the
project activities described in the work-plan in a timely manner. The
assistance agreement will include terms and conditions related to
implementing this requirement.

Regional State and Tribal Brownfields Contacts
------------------------------------------------------------------------
Region State Tribal
------------------------------------------------------------------------
1. CT, ME, MA, NH, RI, VT...... James Byrne........ AmyJean McKeown
5 Post Office 5 Post Office
Square, Suite 100 Square, Suite 100
(OSRR07-2). (OSRR07-2)
Boston, MA 02109- Boston, MA 02109-
3912. 3912
Phone (617) 918- Phone (617) 918-
1389 Fax (617) 918- 1248 Fax (617)
1294. 918-1294
2. NJ, NY, PR, VI.............. John Struble....... Phillip Clappin
290 Broadway, 18th 290 Broadway, 18th
Floor. Floor
New York, NY 10007- New York, NY 10007-
1866. 1866
Phone (212) 637- Phone (212) 637-
4291 Fax (212) 637- 4431 Fax (212)
3083. 637-3083

[[Page 65748]]

3. DE, DC, MD, PA, VA, WV...... Michael Taurino.... ..................
1650 Arch Street
(3HS51).
Philadelphia, PA
19103.
Phone (215) 814-
3371 Fax (215) 814-
3274.
4. AL, FL, GA, KY, MS, NC, SC, Olga Perry......... Cindy J. Nolan
TN. 61 Forsyth Street 61 Forsyth Street
SW., 10TH FL SW., 10TH FL
(9T25). (9T25)
Atlanta, GA 30303- Atlanta, GA 30303-
8960. 8960
Phone (404) 562- Phone (404) 562-
8534 Fax (404) 562- 8425 Fax (404)
8788. 562-8788
5. IL, IN, MI, MN, OH, WI...... Jan Pels........... Rosita Clarke-
77 West Jackson Moreno
Boulevard (SB-7J). 77 West Jackson
Chicago, IL 60604- Boulevard (SB-7J)
3507. Chicago, IL 60604-
Phone (312) 886- 3507
3009 Fax (312) 692- Phone (312) 886-
2161. 7215 Fax (312)
697-2075
6. AR, LA, NM, OK, TX.......... Amber Perry........ Amber Perry
1445 Ross Avenue, 1445 Ross Avenue,
Suite 1200 (6SF). Suite 1200 (6SF)
Dallas, TX 75202- Dallas, TX 75202-
2733. 2733
Phone (214) 665- Phone (214) 665-
3172 Fax (214) 665- 3172 Fax (214)
6660. 665-6660
7. IA, KS, MO, NE.............. Susan Klein........ Jennifer Morris
11201 Renner 11201 Renner
Boulevard Boulevard
(SUPRSTAR). (SUPRSTAR)
Lenexa KS 66219.... Lenexa KS 66219
Phone (913) 551- Phone (913) 551-
7786 Fax (913) 551- 7341 Fax (913)
9786. 551-9341
8. CO, MT, ND, SD, UT, WY...... Christina Wilson... Barbara Benoy
1595 Wynkoop Street 1595 Wynkoop
(EPR-B). Street (8EPR-SA)
Denver, CO 80202- Denver, CO 80202-
1129. 1129
Phone (303) 312- Phone (303) 312-
6706 Fax (303) 312- 6760 Fax (303)
6065. 312-6962
9. AZ, CA, HI, NV, AS, GU, MP.. Eugenia Chow....... Jose Garcia, Jr.
75 Hawthorne St. 600 Wilshire Blvd,
(SFD-6-1). Suite 1460
San Francisco, CA Los Angeles, CA
94105. 90017
Phone (415) 972- Phone (213) 244-
3160 Fax (415) 947- 1811 Fax (213)
3520. 244-1850
10. AK, ID, OR, WA............. Mary K. Goolie..... Mary K. Goolie
222 West 7th Avenue 222 West 7th
#19 (AOO). Avenue #19 (AOO)
Anchorage, AK 99513 Anchorage, AK
Phone ((907) 271- 99513 Phone
3414. ((907) 271-3414
Fax ( 907) 271-3424 Fax (907) 271-3424
------------------------------------------------------------------------

XI. 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 review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). Because this 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 create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175
(63 FR 67249, November 9, 2000). This action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001)
or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501
et seq., nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994). 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides
that before certain actions may take effect, 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. Because this final action does not contain legally
binding requirements, it is not subject to the Congressional Review
Act.

Dated: October 15, 2015.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization, Office of
Solid Waste and Emergency Response.
[FR Doc. 2015-27374 Filed 10-26-15; 8:45 am]
BILLING CODE 6560-50-P

65738 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

DEPARTMENT OF ENERGY Applicants: Texas Eastern SUMMARY: The Environmental Protection
Transmission, LP. Agency (EPA) will accept requests, from
Federal Energy Regulatory Description: Compliance filing TETLP December 1, 2015 through January 31,
Commission OFO 2015 Penalty Disbursement Report. 2016, for grants to establish and
Filed Date: 10/15/15. enhance State and Tribal Response
Combined Notice of Filings Accession Number: 20151015–5254. Programs. This notice provides
Take notice that the Commission has Comments Due: 5 p.m. ET 10/23/15. guidance on eligibility for funding, use
received the following Natural Gas Any person desiring to intervene or of funding, grant mechanisms and
Pipeline Rate and Refund Report filings: protest in any of the above proceedings process for awarding funding, the
must file in accordance with Rules 211 allocation system for distribution of
Filings Instituting Proceedings and 214 of the Commission’s funding, and terms and reporting under
Docket Numbers: PR15–13–001. Regulations (18 CFR 385.211 and these grants. EPA has consulted with
Applicants: Pacific Gas and Electric 385.214) on or before 5:00 p.m. Eastern state and tribal officials in developing
Company. time on the specified date(s). Protests this guidance.
Description: Submits tariff filing per may be considered, but intervention is The primary goal of this funding is to
284.123(b)(1),: Amendment to SOC to be necessary to become a party to the ensure that state and tribal response
effective 1/1/2015; Filing Type: 1000. proceeding. programs include, or are taking
Filed Date: 10/15/15. Filings in Existing Proceedings reasonable steps to include, certain
Accession Number: 20151015–5304. elements of a response program and
Comments/Protests Due: 5 p.m. ET Docket Numbers: RP08–426–019. establishing a public record. Another
10/29/15. Applicants: El Paso Natural Gas goal is to provide funding for other
Docket Numbers: RP16–53–000. Company, L.L.C. activities that increase the number of
Description: El Paso Natural Gas
Applicants: Perryville Gas Storage response actions conducted or overseen
Company, L.L.C. submits tariff filing per
LLC. by a state or tribal response program.
Description: Section 4(d) Rate Filing: 154.501: Refund Report.
This funding is not intended to supplant
Filed Date: 9/30/15.
Perryville Gas Storage—August 2015 current state or tribal funding for their
Accession Number: 20150930–5177.
Tariff Modifications to be effective 11/ response programs. Instead, it is to
Comments Due: 5 p.m. ET 10/22/15.
16/2015. supplement their funding to increase
Filed Date: 10/15/15. Any person desiring to protest in any their response capacity.
Accession Number: 20151015–5147. of the above proceedings must file in
accordance with Rule 211 of the For fiscal year 2016, EPA will
Comments Due: 5 p.m. ET 10/27/15. consider funding requests up to a
Commission’s Regulations (18 CFR
Docket Numbers: RP16–54–000. maximum of $1.0 million per state or
385.211) on or before 5:00 p.m. Eastern
Applicants: Equitrans, L.P. tribe. Subject to the availability of
time on the specified comment date.
Description: Section 4(d) Rate Filing: funds, EPA regional personnel will be
The filings are accessible in the
AVC ADIT PLR to be effective 12/1/ available to provide technical assistance
Commission’s eLibrary system by
2015. to states and tribes as they apply for and
clicking on the links or querying the
Filed Date: 10/15/15. carry out these grants.
docket number.
Accession Number: 20151015–5209.
eFiling is encouraged. More detailed DATES: This action is effective as of
Comments Due: 5 p.m. ET 10/27/15.
information relating to filing December 1, 2015. EPA expects to make
Docket Numbers: RP16–55–000. requirements, interventions, protests,
Applicants: High Island Offshore non-competitive grant awards to states
service, and qualifying facilities filings and tribes which apply during fiscal
System, L.L.C. can be found at: http://www.ferc.gov/
Description: Compliance filing year 2016.
docs-filing/efiling/filing-req.pdf. For
Administrative Refile to be effective 10/ other information, call (866) 208–3676 ADDRESSES: Mailing addresses for EPA
15/2015. (toll free). For TTY, call (202) 502–8659. Regional Offices and EPA Headquarters
Filed Date: 10/15/15. can be found at www.epa.gov/
Dated: October 19, 2015.
Accession Number: 20151015–5217. brownfields and at the end of this
Comments Due: 5 p.m. ET 10/27/15. Nathaniel J. Davis, Sr., Notice. Funding requests may be
Deputy Secretary. submitted electronically to the EPA
Docket Numbers: RP16–56–000.
Applicants: High Island Offshore [FR Doc. 2015–27181 Filed 10–26–15; 8:45 am] Regional Offices.
System, L.L.C. BILLING CODE 6717–01–P
FOR FURTHER INFORMATION CONTACT:
Description: Tariff Cancellation: EPA’s Office of Solid Waste and
Cancellation to be effective 10/15/2015. Emergency Response, Office of
Filed Date: 10/15/15. ENVIRONMENTAL PROTECTION
Brownfields and Land Revitalization,
Accession Number: 20151015–5224. AGENCY
(202) 566–2745 or the applicable EPA
Comments Due: 5 p.m. ET 10/27/15. [FRL–9936–24–OSWER] Regional Office listed at the end this
Docket Numbers: RP16–57–000. Notice.
Applicants: Monroe Gas Storage Comprehensive Environmental
Company, LLC. Response, Compensation and Liability SUPPLEMENTARY INFORMATION:
Description: Section 4(d) Rate Filing: Act (CERCLA) or Superfund, Section
128(a); Notice of Grant Funding I. General Information
Monroe Gas Storage—August 2015
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Tariff Modifications to be effective 11/ Guidance for State and Tribal Section 128(a) of the Comprehensive
16/2015. Response Programs for FY2016 Environmental Response,
Filed Date: 10/15/15. Compensation, and Liability Act
AGENCY: Environmental Protection
Accession Number: 20151015–5231. (CERCLA), as amended, authorizes a
Agency (EPA).
Comments Due: 5 p.m. ET 10/27/15. noncompetitive $50 million grant
ACTION: Notice.
Docket Numbers: RP16–58–000. program to establish and enhance

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65740 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

likely location, and general plans and site activities, including the record system that meets the
characteristics of brownfields sites input into the prioritization of sites; and requirements discussed above.
within their state or tribal lands. c. a mechanism by which a person
who is, or may be, affected by a release A. Distinguishing the ‘‘Survey and
Inventories should evolve to a
or threatened release of a hazardous Inventory’’ Element From the ‘‘Public
prioritization of sites based on Record’’
community needs, planning priorities, substance, pollutant, or contaminant at
and protection of human health and the a brownfields site—located in the It is important to note that the public
environment. Inventories should be community in which the person works record requirement differs from the
developed in direct coordination with or resides—may request that a site ‘‘timely survey and inventory’’ element
communities, and particular attention assessment be conducted. The described in the ‘‘Four Elements’’
should focus on those communities appropriate state or tribal official must section above. The public record
with limited capacity to compete for, consider this request and appropriately addresses sites at which response
and manage a competitive brownfield respond. actions have been completed in the
assessment, revolving loan, or cleanup 4. Mechanisms for approval of a previous year or are planned in the
cooperative agreement. cleanup plan, and verification and upcoming year. In contrast, the ‘‘timely
Given funding limitations, EPA will certification that cleanup is complete. survey and inventory’’ element,
negotiate work plans with states and EPA’s goal in funding activities under described above, refers to identifying
tribes to achieve this goal efficiently and this element is to have states and tribes brownfields sites regardless of planned
effectively, and within a realistic time include in their response program or completed actions at the site.
frame. For example, many of EPA’s mechanisms to approve cleanup plans
B. Making the Public Record Easily
Brownfields Assessment cooperative and to verify that response actions are
complete, including a requirement for Accessible
agreement recipients conduct
inventories of brownfields sites in their certification or similar documentation EPA’s goal is to enable states and
communities or jurisdictions. EPA from the state, the tribe, or a licensed tribes to make the public record and
encourages states and tribes to work site professional that the response other information, such as information
with these cooperative agreement action is complete. Written approval by from the ‘‘survey and inventory’’
recipients to obtain the information that a state or tribal response program element, easily accessible. For this
they have gathered and include it in official of a proposed cleanup plan is an reason, EPA will allow states and tribes
their survey and inventory. example of an approval mechanism. to use section 128(a) funding to make
2. Oversight and enforcement the public record, as well as other
VI. Public Record Requirement
authorities or other mechanisms and information, such as information from
In order to be eligible for section the ‘‘survey and inventory’’ element,
resources. EPA’s goal in funding 128(a) funding, states and tribes
activities under this element is to have available to the public via the internet
(including those with MOAs) must or other means. For example, the
state and tribal response programs that establish and maintain a public record
include oversight and enforcement Agency would support funding state
system, as described below. The public and tribal efforts to include detailed
authorities or other mechanisms, and record should be made available to
resources that are adequate to ensure location information in the public
provide a mechanism for meaningful record such as the street address, and
that: public participation (refer to Section V.3
a. A response action will protect latitude and longitude information for
above). Specifically, under section each site.8 States and tribes should
human health and the environment, and 128(b)(1)(C), states and tribes must:
be conducted in accordance with ensure that all affected communities
1. Maintain and update, at least have appropriate access to the public
applicable laws; and annually or more often as appropriate,
b. the state or tribe will complete the record by making it available on-line, in
a record that includes the name and print at libraries, or at other community
necessary response activities if the location of sites at which response
person conducting the response fails to gathering places.
actions have been completed during the In an effort to reduce cooperative
complete the necessary response (this previous year; agreement reporting requirements and
includes operation and maintenance 2. maintain and update, at least increase public access to the public
and/or long-term monitoring activities). annually or more often as appropriate,
3. Mechanisms and resources to record, EPA encourages states and tribes
a record that includes the name and to place their public record on the
provide meaningful opportunities for location of sites at which response
public participation.7 EPA’s goal in internet. If a state or tribe places the
actions are planned in the next year; public record on the internet, maintains
funding activities under this element is and
to have states and tribes include in their the substantive requirements of the
3. identify in the public record public record, and provides EPA with
response program mechanisms and whether or not the site, upon
resources for meaningful public the link to that site, EPA will, for
completion of the response action, will purposes of cooperative agreement
participation, at the local level, be suitable for unrestricted use. If not,
including, at a minimum: funding only, deem the public record
the public record must identify the reporting requirement met.
a. Public access to documents and institutional controls relied on in the
related materials that a state, tribe, or remedy and include relevant C. Long-Term Maintenance of the Public
party conducting the cleanup is relying information concerning the entity that Record
on or developing to make cleanup will be responsible for oversight, EPA encourages states and tribes to
decisions or conduct site activities;
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monitoring, and/or maintenance of the maintain public record information,
b. prior notice and opportunity for institutional and engineering controls;
meaningful public comment on cleanup and how the responsible entity is 8 For further information on data quality

implementing those activities (see requirements for latitude and longitude
7 States and tribes establishing this element may information, please see EPA’s data standards Web
Section VI.C).
find useful information on public participation on site available at http://iaspub.epa.gov/sorlinternet/
EPA’s community involvement Web site at http:// Section 128(a) funds may be used to registry/datastds/findadatastandard/epaapproved/
www.epa.gov/superfund/community/policies.htm. maintain and make available a public latitudelongitude.

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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices 65741

including data on institutional controls, section 128(a) work plan that includes response programs enhancement
on a long term basis (more than one funding for other activities that establish activities can include outreach to local
year) for sites at which a response action or enhance the four elements; communities (e.g., distressed,
has been completed. Subject to EPA • capitalizing a revolving loan fund environmental justice, rural, tribal, etc.)
regional office approval, states or tribes (RLF) for brownfields cleanup under to increase their awareness about
may include development and operation CERCLA section 104(k)(3). These RLFs brownfields, building a sustainable
of systems that ensure long term are subject to the same statutory brownfields program, federal
maintenance of the public record, requirements and cooperative agreement brownfields technical assistance
including information on institutional terms and conditions applicable to RLFs opportunities 10 (e.g., holding
controls (such as ensuring the entity awarded under section 104(k)(3). workshops to assist communities to
responsible for oversight, monitoring, Requirements include a 20 percent apply for federal Brownfields grant
and/or maintenance of the institutional match (can be in the form of a funding), and knowledge regarding the
and engineering controls is contribution of money, labor, material, importance of monitoring engineering
implementing those activities) in their or services from a non-federal source) and institutional controls. Additionally,
work plans.9 on the amount of section 128(a) funds state and tribal response programs
used for the RLF, a prohibition on using enhancement activities can include
VII. Use of Funding EPA cooperative agreement funds for facilitating the participation of the state
A. Overview administrative costs relating to the RLF, and local agencies (e.g., transportation,
Section 128(a)(1)(B) describes the and a prohibition on using RLF loans or water, other infrastructure) in
eligible uses of cooperative agreement subgrants for response costs at a site for implementation of brownfields projects.
funds by states and tribes. In general, a which the recipient may be potentially Another example of program
state or tribe may use funding to liable under section 107 of CERCLA. enhancement activities can be for states
‘‘establish or enhance’’ its response Other prohibitions contained in and tribes to assist local communities to
program. Specifically, a state or tribe CERCLA section 104(k)(4) also apply; collaborate with local workforce
may use cooperative agreement funds to and development entities or Brownfields job
• purchasing environmental training recipients on the assessment
build response programs that includes
insurance or developing a risk-sharing and cleanup of brownfield sites.11 Other
the four elements outline in section
pool, indemnity pool, or insurance ‘‘enhancement’’ uses may be allowable
128(a)(2). Eligible activities include, but
mechanism to provide financing for as well.
are not limited to, the following:
• Developing legislation, regulations, response actions under a state or tribal Note: EPA anticipates states and tribes
response program. will work with their EPA Brownfields
procedures, ordinances, guidance, etc.
Area-Wide Planning, Cleanup, and
that establish or enhance the B. Uses Related to ‘‘Establishing’’ a
Revolving Loan Fund recipients to
administrative and legal structure of a State or Tribal Response Program incorporate changing climate conditions
response program; Under CERCLA section 128(a),
• establishing and maintaining the in their reuse plans and clean up
‘‘establish’’ includes activities necessary remedies, as appropriate.12
required public record described in
to build the foundation for the four
Section VI of this guidance; D. Uses Related to Site-Specific
elements of a state or tribal response
• operation, maintenance and long- Activities
program and the public record
term monitoring of institutional controls
requirement. For example, a state or 1. Eligible Uses of Funds for Site-
and engineering controls;
• conducting site-specific activities, tribal response program may use section Specific Activities
such as assessment or cleanup, provided 128(a) funds to develop regulations, Site-specific assessment and cleanup
such activities establish and/or enhance ordinances, procedures, guidance, and a activities should establish and/or
the response program and are tied to the public record. enhance the response program and be
four elements. In addition to the C. Uses Related to ‘‘Enhancing’’ a State tied to the four elements. Site-specific
requirement under CERCLA section or Tribal Response Program assessments and cleanups can be both
128(a)(2)(C)(ii) to provide for public eligible and allowable if the activities is
Under CERCLA section 128(a),
comment on cleanup plans and site included in the work plan negotiated
‘‘enhance’’ is related to activities that
activities, EPA strongly encourages between the EPA regional office and the
add to or improve a state or tribal
states and tribes to seek public input state or tribe, but activities must comply
response program or increase the
regarding the priority of sites to be with all applicable laws and are subject
number of sites at which response
addressed and solicit input from local to the following restrictions:
actions are conducted under a state or a. Section 128(a) funds can only be
communities, especially potential tribal response program.
environmental justice communities, used for assessments or cleanups at sites
The exact ‘‘enhancement’’ uses that
communities with a health risk related that meet the definition of a brownfields
may be allowable depend upon the
to exposure to hazardous waste or other site at CERCLA section 101(39). EPA
work plan negotiated between the EPA
public health concerns, economically regional office and the state or tribe. For 10 EPA expects states and tribes will familiarize
disadvantaged or remote areas, and example, regional offices and states or themselves with US EPA’s brownfields technical
communities with limited experience tribes may agree that section 128(a) assistance opportunities for brownfields
working with government agencies. EPA funds may be used for outreach and communities. For more information on technical
will not provide section 128(a) funds training directly related to increasing assistance opportunities, please visit: http://
solely for assessment or cleanup of www.epa.gov/brownfields/tools/index.htm.
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awareness of its response program, and 11 For more information about EPA’s Brownfields
specific brownfields sites; site-specific improving the skills of program staff. It Environmental Workforce Development and Job
activities must be part of an overall may also include developing better Training Program, please visit: http://www.epa.gov/
coordination and understanding of other brownfields/job.htm.
9 States and tribes may find useful information on 12 For more information about EPA’s Climate

institutional controls on the EPA’s institutional
state response programs, e.g., RCRA or Adaptation Plan, please visit: http://www.epa.gov/
controls Web site at http://www.epa.gov/superfund/ Underground Storage Tanks (USTs). As climatechange/impacts-adaptation/fed-
policy/ic/index.htm. another example, states and tribal programs.html.

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65742 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

encourages states and tribes to use site- 2. Limitations on the Amount of Funds Section VII.A Overview of Funding for
specific funding to perform assessment Used for Site-Specific Activities and more information).
(e.g., phase I, phase II, supplemental Waiver Process EPA Headquarters will approve waivers
assessments and cleanup planning) and States and tribes may use section based on the information in the
cleanup activities that will lead more 128(a) funds for site-specific activities justification and other information
quickly to the reuse and redevelopment that improve state or tribal capacity but available to the Agency. The EPA will
of sites, particularly sites located in the amount recipients may request for inform recipients whether the waiver is
distressed, environmental justice, rural site-specific assessments and cleanups approved.
or tribal communities. Furthermore, may not exceed 50% of the total amount
states and tribes that perform site- of funding.13 In order to exceed the 50% 3. Uses Related to Site-Specific
specific activities should plan to site-specific funding amount a state or Activities at Petroleum Brownfields
directly engage with and involve the tribe must submit a waiver request. In Sites
targeted community in the project. For order for EPA to consider a waiver, the States and tribes may use section
example, a Community Relations Plan total amount of the site-specific request 128(a) funds for activities that establish
(CRP) could be developed to provide may not exceed the recipient’s total and enhance response programs
reasonable notice to the public about a funding level for the previous year. The addressing petroleum brownfield sites.
planned cleanup, as well as funding request must include a brief Subject to the restrictions listed above
opportunities for the public to comment justification describing the reason(s) for (see Section VII.D.1) for all site-specific
on the cleanup. States and tribes should spending more than 50% of an annual activities, the costs of site-specific
work towards securing additional allocation on site-specific activities. An assessments and cleanup activities at
funding for site-specific activities by applicant, when requesting a waiver, petroleum contaminated brownfields
leveraging resources from other sources must include the following information sites, defined at CERCLA section
such as businesses, non-profit in the written justification: 101(39)(D)(ii)(II), are both eligible and
organizations, education and training • Total amount requested for site- allowable if the activity is included in
providers, and/or federal, state, tribal, specific activities; the work plan negotiated between the
and local governments; • percentage of the site-specific
EPA regional office and the state or
b. absent EPA approval, no more than activities (assuming waiver is approved)
tribe. Section 128(a) funds used to
$200,000 per site assessment can be in the total budget;
• site specific activities that will be capitalize a Brownfields RLF may be
funded with section 128(a) funds, and used at brownfields sites contaminated
no more than $200,000 per site cleanup covered by this funding. If known,
provide site specific information and by petroleum to the extent allowed
can be funded with section 128(a) under CERCLA section 104(k)(3).
funds; describe how work on each site
c. absent EPA approval, the state/tribe contributes to the development or 4. Additional Examples of Eligible Site-
may not use funds awarded under this enhancement of your state/tribal site Specific Activities
agreement to assess and/or clean up response program. EPA recognizes the
role of response programs to develop Other eligible uses of funds for site-
sites owned or operated by the recipient specific related include, but are not
or held in trust by the United States and provide capacity in distressed,
environmental justice, rural or tribal limited to, the following activities:
Government for the recipient; and • Technical assistance to federal
communities, and encourages
d. assessments and cleanups cannot prioritization for site-specific activities brownfields cooperative agreement
be conducted at sites where the state/ in those communities. Further explain recipients;
tribe is a potentially responsible party how the community will be (or has • development and/or review of
pursuant to CERCLA section 107, been) involved in prioritization of site quality assurance project plans (QAPPs);
except: work and especially those sites where and
• At brownfields sites contaminated there is a potential or known significant • entering data into the Assessment
by a controlled substance as defined in environmental impact to the Cleanup and Redevelopment Exchange
CERCLA section 101(39)(D)(ii)(I); or community; System (ACRES) database
• when the recipient would satisfy all • an explanation of how this shift in
of the elements set forth in CERCLA funding will not negatively impact the E. Uses Related to Activities at ‘‘Non-
section 101(40) to qualify as a bona fide core programmatic capacity (i.e., the Brownfields’’ Sites
prospective purchaser except that the ability to establish/enhance four Costs incurred for activities at non-
date of acquisition of the property was elements of a response program) and brownfields sites, e.g., oversight, may be
on or before January 11, 2002. how related activities will be eligible and allowable if such activities
Subgrants cannot be provided to entities maintained in spite of an increase in are included in the state’s or tribe’s
that may be potentially responsible site-specific work. Recipients must work plan. Other uses not specifically
parties (pursuant to CERCLA section demonstrate that they have adequate referenced in this guidance may also be
107) at the site for which the assessment funding from other sources to effectively eligible and allowable. Recipients
or cleanup activities are proposed to be carry out work on the four elements for should consult with their regional state
conducted, except: EPA to grant a waiver of the 50% limit or tribal contact for additional guidance.
1. At brownfields sites contaminated on using 128(a) funds for site-specific Direct assessment and cleanup activities
by a controlled substance as defined in activities; may only be conducted on eligible
• an explanation as to whether the brownfields sites, as defined in CERCLA
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CERCLA section 101(39)(D)(ii)(I); or
sites to be addressed are those for which section 101(39).
2. when the recipient would satisfy all
the affected community(ies) has
of the elements set forth in CERCLA VIII. General Programmatic Guidelines
requested work be conducted (refer to
section 101(40) to qualify as a bona fide for 128(a) Grant Funding Requests
prospective purchaser except that the 13 Oversight of assessment and cleanup activities
date of acquisition of the property was performed by responsible parties (other than the
Funding authorized under CERCLA
on or before January 11, 2002. state or tribe) does not count toward the 50% limit. section 128(a) is awarded through a

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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices 65743

cooperative agreement 14 between EPA component of the state or tribe that will annual budget period tied to an annual
and a state or a tribe. The program be EPA’s primary point of contact for work plan. While not prohibited, pre-
administers cooperative agreements negotiations on their proposed work award costs are subject to 40 CFR 35.113
under the Uniform Administrative plan. When EPA funds the section and 40 CFR 35.513.
Requirements, Cost Principles and 128(a) cooperative agreement, states and H. Demonstrating the Four Elements
Audit requirements for Federal Awards tribes may distribute these funds among
regulations for all entity types including the appropriate state and tribal agencies As part of the annual work plan
states, tribes, and local governments that are part of the section 128(a) negotiation process, states or tribes that
found in the Code of Federal response program. This distribution do not have VRP MOAs must
Regulations at 2 CFR Part 200 and any must be clearly outlined in their annual demonstrate that their program
applicable EPA regulations in Title 2 work plan. includes, or is taking reasonable steps to
CFR Subtitle B—Federal Agency include, the four elements described in
D. Separate Cooperative Agreements for Section V. EPA will not fund, in future
Regulations for Grants and Agreements
the Capitalization of RLFs Using Section years, state or tribal response program
Chapter 15 15 as well as applicable
128(a) Funds annual work plans if EPA determines
provisions of 40 CFR Part 35 Subparts
A and B. Under these regulations, the If a portion of the section 128(a) grant that these elements are not met or
cooperative agreement recipient for funds requested will be used to reasonable progress is not being made.
section 128(a) grant program is the capitalize a revolving loan fund for EPA may base this determination on the
government to which a cooperative cleanup, pursuant to section 104(k)(3), information the state or tribe provides to
agreement is awarded and which is two separate cooperative agreements support its work plan, on progress
accountable for the use of the funds must be awarded, i.e., one for the RLF reports, or on EPA’s review of the state
provided. The cooperative agreement and one for non-RLF uses. States and or tribal response program.
recipient is the entire legal entity even tribes may, however, submit one initial I. Establishing and Maintaining the
if only a particular component of the request for funding, delineating the RLF Public Record
entity is designated in the cooperative as a proposed use. Section 128(a) funds
used to capitalize an RLF are not Prior to funding a state’s or tribe’s
agreement award document. Further, annual work plan, EPA regional offices
unexpended balances of cooperative eligible for inclusion into a Performance
Partnership Grant (PPG). will verify and document that a public
agreement funds are subject to 40 CFR record, as described in Section VI and
35.118 and 40 CFR 35.518. EPA E. Authority To Manage a Revolving below, exists and is being maintained.16
allocates funds to state and tribal Loan Fund Program Specifically for:
response programs consistent with 40 • states or tribes that received initial
CFR 35.420 and 40 CFR 35.737. If a state or tribe chooses to use its
section 128(a) funds to capitalize a funding prior to FY15: Requests for
A. One Application per State or Tribe revolving loan fund program, the state FY16 funds will not be accepted from
or tribe must have the lead authority to states or tribes that fail to demonstrate,
Subject to the availability of funds,
manage the program, e.g., hold loans, by the January 31, 2016 request
EPA regional offices will negotiate and
make loans, enter into loan agreements, deadline, that they established and are
enter into section 128(a) cooperative
collect repayment, access and secure the maintaining a public record. (Note, this
agreements with eligible and interested
site in event of an emergency or loan would potentially impact any state or
states or tribes. EPA will accept only one
default. If the agency/department listed tribe that had a term and condition
application from each eligible state or placed on their FY15 cooperative
tribe. as the point of contact for the section
128(a) cooperative agreement does not agreement that prohibited drawdown of
B. Maximum Funding Request have this authority, it must be able to FY15 funds prior to meeting public
For Fiscal Year 2016, EPA will demonstrate that another state or tribal record requirement). States or tribes in
consider funding requests up to a agency does have the authority to this situation will not be prevented from
maximum of $1.0 million per state or drawing down their prior year funds
manage the RLF and is willing to do so.
tribe. Please note the CERCLA 128(a) once the public record requirement is
F. Section 128(a) Cooperative met; and
program’s annual budget has remained
Agreements Can Be Part of a • states or tribes that received initial
relatively the same since 2003 while
Performance Partnership Grant (PPG) funding in FY15: By the time of the
demand has increased over time. Due to
States and tribes may include section actual FY16 award, the state or tribe
the increasing number of entities
128(a) cooperative agreements in their must demonstrate that they established
requesting funding, it is likely that the
PPG 69 FR 51,756 (2004). Section 128(a) and maintained the public record (those
FY16 states and tribal individual
funds used to capitalize an RLF or states and tribes that do not meet this
funding amounts will be less than the
purchase environmental insurance or requirement will have a term and
FY15 individual funding amounts.
develop a risk sharing pool, an condition placed on their FY16
C. Define the State or Tribal Response indemnity pool, or insurance cooperative agreement that prohibits the
Program mechanism to provide financing for drawdown of FY16 funds until the
States and tribes must define in their response actions under a state or tribal public record requirement is met).
work plan the ‘‘section 128(a) response response program are not eligible for J. Demonstration of Significant
program(s)’’ to which the funds will be inclusion in the PPG. Utilization of Prior Years’ Funding
applied, and may designate a
G. Project Period States and tribes should be aware that
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14 A cooperative agreement is an agreement to a EPA regional offices will determine EPA and its Congressional
state/tribe that includes substantial involvement by the project period for each cooperative appropriations committees place
EPA on activities described in the work plan which agreement. These may be for multiple
may include technical assistance, collaboration on 16 For purposes of 128(a) funding, the state’s or
program priorities, etc. years depending on the regional office’s tribe’s public record applies to that state’s or tribe’s
15 EPA’s regulations will take effect December 26, cooperative agreement policies. Each response program(s) that utilized the section 128(a)
2014 (2 CFR 200.110). cooperative agreement must have an funding.

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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices 65747

communications from recipient contaminated property, deed notices, 2. Maintain an active SAM
regarding non-compliance; advisories, etc.); registration with current information at
3. public participation—percentage of • nature of the contamination at the all times during which it has an active
sites in the response program where site (e.g., hazardous substances, Federal award or an application or
public meetings/notices were conducted contaminants or pollutants, petroleum proposal under consideration by an
regarding the cleanup plan and/or other contamination, etc.); and agency, and
site activities; number of site • size of the site in acres. 3. Provide its DUNS number in each
assessments requests, and responses to A list of sites planned to be addressed application or proposal it submits to the
such requests; and by the state or tribal response program agency. Applicants can receive a DUNS
4. cleanup approval/certification in the coming year including: number, at no cost, by calling the
mechanisms—total number of ‘‘no • site name and the name of owner at dedicated toll-free DUNS Number
further action’’ letters or total number of time of cleanup, if known; request line at 1–866–705–5711, or
certificates of completions. • location of the site (street address, visiting the D&B Web site at: http://
Note: This reporting requirement may and latitude and longitude); www.dnb.com.
include activities not funded with CERCLA • to the extent known, whether an If an applicant fails to comply with
section 128(a) funding, because such institutional control is in place; these requirements, it will, should it be
information may be helpful to EPA when • type of the institutional control in selected for award, affect their ability to
evaluating whether recipients have met or are place (e.g., deed restriction, zoning receive the award.
taking reasonable steps to meet the four restriction, local ordinance, state Please note that the CCR has been
elements of a response program pursuant to
CERCLA section 128(a)(2).
registries of contaminated property, replaced by the System for Award
deed notices, advisories, etc.); Management (SAM). To learn more
C. Reporting of Public Record • to the extent known, the nature of about SAM, go to SAM.gov or https://
the contamination at the site (e.g., www.sam.gov/portal/public/SAM/.
All recipients must report, as hazardous substances, contaminants, or
specified in the terms and conditions of pollutants, petroleum contamination, 3. Submitting an Application via
their cooperative agreement, and in etc.); and Grants.gov
Section VIII.I of this guidance, • size of the site in acres All grant applications for non-
information related to establishing, or if competitive assistance agreements
already established, maintaining the D. Award Administration Information
awards submitted on or after February
public record, described above. States 1. Subaward and Executive 17, 2015 must be submitted using
and tribes can refer to an already Compensation Reporting Grants.gov. Below is the information
existing public record, e.g., Web site or that the applicant will use to submit
other public database to meet the public Applicants must ensure that they
have the necessary processes and their State and Tribal Response Program
record requirement. Recipients Grant applications via Grants.gov:
reporting may only be required to systems in place to comply with the
demonstrate that the public record a) subaward and executive total CDFA number: 66.817
exists and is up-to-date, and b) is compensation reporting requirements Funding Opportunity Number (FON):
adequate. A public record may include established under OMB guidance at 2 EPA–CEP–02
the following information: CFR Part 170, unless they qualify for an To learn more about the Grants.gov
A list of sites at which response exception from the requirements, submission requirements, go to http://
actions have been completed in the past should they be selected for funding. www.epa.gov/ogd/grants_gov
year including: _submission_requirement.htm.
2. System for Award Management
• date the response action was (SAM) and Data Universal Numbering 4. Use of Funds
completed; System (DUNS) Requirements
• site name; An applicant that receives an award
• name of owner at time of cleanup, Unless exempt from these under this announcement is expected to
if known; requirements under OMB guidance at 2 manage assistance agreement funds
• location of the site (street address, CFR Part 25 (e.g., individuals), efficiently and effectively, and make
and latitude and longitude); applicants must: sufficient progress towards completing
• whether an institutional control is 1. Be registered in SAM prior to the project activities described in the
in place; submitting an application or proposal work-plan in a timely manner. The
• type of institutional control in place under this announcement. SAM assistance agreement will include terms
(e.g., deed restriction, zoning restriction, information can be found at https:// and conditions related to implementing
local ordinance, state registries of www.sam.gov/portal/public/SAM/. this requirement.

REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS
Region State Tribal

1. CT, ME, MA, NH, RI, VT .......... James Byrne ............................................................... AmyJean McKeown
5 Post Office Square, Suite 100 (OSRR07–2) ........... 5 Post Office Square, Suite 100 (OSRR07–2)
Boston, MA 02109–3912 ............................................ Boston, MA 02109–3912
Phone (617) 918–1389 Fax (617) 918–1294 ............. Phone (617) 918–1248 Fax (617) 918–1294
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2. NJ, NY, PR, VI ......................... John Struble ................................................................ Phillip Clappin
290 Broadway, 18th Floor .......................................... 290 Broadway, 18th Floor
New York, NY 10007–1866 ........................................ New York, NY 10007–1866
Phone (212) 637–4291 Fax (212) 637–3083 ............. Phone (212) 637–4431 Fax (212) 637–3083

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65748 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS—Continued
Region State Tribal

3. DE, DC, MD, PA, VA, WV ....... Michael Taurino ..........................................................
1650 Arch Street (3HS51) ..........................................
Philadelphia, PA 19103 ..............................................
Phone (215) 814–3371 Fax (215) 814–3274 .............
4. AL, FL, GA, KY, MS, NC, SC, Olga Perry ................................................................... Cindy J. Nolan
TN. 61 Forsyth Street SW., 10TH FL (9T25) .................... 61 Forsyth Street SW., 10TH FL (9T25)
Atlanta, GA 30303–8960 ............................................ Atlanta, GA 30303–8960
Phone (404) 562–8534 Fax (404) 562–8788 ............. Phone (404) 562–8425 Fax (404) 562–8788
5. IL, IN, MI, MN, OH, WI ............. Jan Pels ...................................................................... Rosita Clarke-Moreno
77 West Jackson Boulevard (SB–7J) ......................... 77 West Jackson Boulevard (SB–7J)
Chicago, IL 60604–3507 ............................................. Chicago, IL 60604–3507
Phone (312) 886–3009 Fax (312) 692–2161 ............. Phone (312) 886–7215 Fax (312) 697–2075
6. AR, LA, NM, OK, TX ................ Amber Perry ................................................................ Amber Perry
1445 Ross Avenue, Suite 1200 (6SF) ........................ 1445 Ross Avenue, Suite 1200 (6SF)
Dallas, TX 75202–2733 .............................................. Dallas, TX 75202–2733
Phone (214) 665–3172 Fax (214) 665–6660 ............. Phone (214) 665–3172 Fax (214) 665–6660
7. IA, KS, MO, NE ........................ Susan Klein ................................................................. Jennifer Morris
11201 Renner Boulevard (SUPRSTAR) ..................... 11201 Renner Boulevard (SUPRSTAR)
Lenexa KS 66219 ....................................................... Lenexa KS 66219
Phone (913) 551–7786 Fax (913) 551–9786 ............. Phone (913) 551–7341 Fax (913) 551–9341
8. CO, MT, ND, SD, UT, WY ....... Christina Wilson .......................................................... Barbara Benoy
1595 Wynkoop Street (EPR–B) .................................. 1595 Wynkoop Street (8EPR–SA)
Denver, CO 80202–1129 ............................................ Denver, CO 80202–1129
Phone (303) 312–6706 Fax (303) 312–6065 ............. Phone (303) 312–6760 Fax (303) 312–6962
9. AZ, CA, HI, NV, AS, GU, MP ... Eugenia Chow ............................................................. Jose Garcia, Jr.
75 Hawthorne St. (SFD–6–1) ..................................... 600 Wilshire Blvd, Suite 1460
San Francisco, CA 94105 ........................................... Los Angeles, CA 90017
Phone (415) 972–3160 Fax (415) 947–3520 ............. Phone (213) 244–1811 Fax (213) 244–1850
10. AK, ID, OR, WA ..................... Mary K. Goolie ............................................................ Mary K. Goolie
222 West 7th Avenue #19 (AOO) .............................. 222 West 7th Avenue #19 (AOO)
Anchorage, AK 99513 Phone ((907) 271–3414 ......... Anchorage, AK 99513 Phone ((907) 271–3414
Fax ( 907) 271–3424 .................................................. Fax (907) 271–3424

XI. Statutory and Executive Order Order 13045, entitled Protection of Dated: October 15, 2015.
Reviews Children from Environmental Health David R. Lloyd,
Under Executive Order 12866 (58 FR Risks and Safety Risks (62 FR 19885, Director, Office of Brownfields and Land
51735, October 4, 1993), this action is April 23, 1997). This action does not Revitalization, Office of Solid Waste and
contain any information collections Emergency Response.
not a ‘‘significant regulatory action’’ and
is therefore not subject to review under subject to OMB approval under the [FR Doc. 2015–27374 Filed 10–26–15; 8:45 am]
Executive Orders 12866 and 13563 (76 Paperwork Reduction Act (PRA), 44 BILLING CODE 6560–50–P

FR 3821, January 21, 2011). Because this U.S.C. 3501 et seq., nor does it require
action is not subject to notice and any special considerations under
comment requirements under the ENVIRONMENTAL PROTECTION
Executive Order 12898, entitled Federal
Administrative Procedures Act or any AGENCY
Actions to Address Environmental
other statute, it is not subject to the Justice in Minority Populations and [EPA–HQ–OW–2011–0443; FRL 9935–83–
Regulatory Flexibility Act (5 U.S.C. 601 Low-Income Populations (59 FR 7629, OEI]
et seq.) or Sections 202 and 205 of the February 16, 1994). This action does not
Unfunded Mandates Reform Act of 1999 Information Collection Request
involve technical standards; thus, the Submitted to OMB for Review and
(UMRA) (Pub. L. 104–4). In addition, requirements of Section 12(d) of the
this action does not significantly or Approval; Comment Request; Public
National Technology Transfer and Water System Supervision Program
uniquely affect small governments. This Advancement Act of 1995 (15 U.S.C.
action does not create new binding legal 272 note) do not apply. The AGENCY: Environmental Protection
requirements that substantially and Agency (EPA).
Congressional Review Act, 5 U.S.C. 801
directly affect Tribes under Executive ACTION: Notice.
et seq., generally provides that before
Order 13175 (63 FR 67249, November 9,
2000). This action does not have certain actions may take effect, the SUMMARY: The U.S. Environmental
significant Federalism implications agency promulgating the action must Protection Agency (EPA) has submitted
under Executive Order 13132 (64 FR submit a report, which includes a copy an Information Collection Request (ICR)
43255, August 10, 1999). Because this of the action, to each House of the for the Public Water System Supervision
Congress and to the Comptroller General
tkelley on DSK3SPTVN1PROD with NOTICES

action has been exempted from review Program (EPA ICR No. 0270.46, OMB
under Executive Order 12866, this of the United States. Because this final Control No. 2040–0090) to the Office of
action is not subject to Executive Order action does not contain legally binding Management and Budget (OMB) for
13211, entitled Actions Concerning requirements, it is not subject to the review and approval in accordance with
Regulations That Significantly Affect Congressional Review Act. the Paperwork Reduction Act (PRA; 44
Energy Supply, Distribution, or Use (66 U.S.C. 3501 et seq.). This is a proposed
FR 28355, May 22, 2001) or Executive extension of the ICR, which is currently

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Document Created: 2015-12-14 15:35:30
Document Modified: 2015-12-14 15:35:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		This action is effective as of December 1, 2015. EPA expects to make non-competitive grant awards to states and tribes which apply during fiscal year 2016.
Contact		EPA's Office of Solid Waste and Emergency Response, Office of Brownfields and Land Revitalization, (202) 566-2745 or the applicable EPA Regional Office listed at the end this Notice.
FR Citation		80 FR 65738