81 FR 73388 - 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 FY2017

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 206 (October 25, 2016)

Page Range		73388-73397
FR Document		2016-25770

The Environmental Protection Agency (EPA) will accept requests, from November 1, 2016 through December 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 2017, 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 81 Issue 206 (Tuesday, October 25, 2016)

[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73388-73397]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-25770]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9954-44-OLEM]

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 FY2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will accept
requests, from November 1, 2016 through December 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 2017, 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 November 1, 2016. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2017.

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\ 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 November 1, 2016 through
December 31, 2016. Requests EPA receives after December 31, 2016 will
not be considered for FY2017 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

[[Page 73389]]

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 FY2017.
Requests submitted by the December 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 brownfield sites across the country. The depth and
breadth of these 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 states also offer accompanying financial incentive programs to
spur cleanup and redevelopment. In enacting CERCLA section 128(a),\5\
Congress recognized the value of state and tribal response programs in
cleaning up and redeveloping brownfield sites. Section 128(a)
strengthens EPA's partnerships with states and tribes, and recognizes
the response programs' critical role in overseeing cleanups.
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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 program establishes and maintains a
public record of sites addressed.
Subject to the availability of funds, EPA regional personnel will
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), for which there is a 20% cost
share requirement. Section 128(a) funds uses to capitalize a RLF must
be operated in accordance with CERCLA section 104(k)(3).

V. The Four Elements--Section 128(a)(2)

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 described below.
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 brownfield sites in state or
tribal land. The goal for 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 brownfield 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, likely location, and general
characteristics of brownfield 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
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. The goal for this element is to have state and tribal
response programs that include oversight and enforcement authorities or
other mechanisms, and resources 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 them
(this includes operation and maintenance and/or long-term monitoring
activities).
3. Mechanisms and resources to provide meaningful opportunities for
public participation.\7\ The goal for 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 https://www.epa.gov/superfund/superfund-community-involvement.

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[[Page 73390]]

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 brownfield 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 cleanup plans, and verification and
certification that cleanup is complete. The goal for 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, to enable 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 public 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 public 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 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 brownfield
sites regardless of planned or completed actions.

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 such
information available to the public via the internet or other avenues.
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, 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 include 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-especially from local communities with health risks
related to exposure to hazardous waste or other public health concerns,
those in economically disadvantaged or remote areas, and those with
limited experience working with government agencies. EPA will not
provide section 128(a) funds solely for assessment or cleanup of

[[Page 73391]]

specific brownfield 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 as authorized 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 (in the form 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 relevant to 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 such
programs.
The exact enhancement activities 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 program enhancement activities can also
include outreach to local communities (e.g., distressed, environmental
justice, rural, tribal, etc.) to increase 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, enhancement activities can
include facilitating the participation of the state and local agencies
(e.g., transportation, water, other infrastructure) in implementation
of brownfields projects. States and tribes can also help local
communities collaborate with local workforce development entities or
Brownfields Environmental Workforce Development 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 U.S. EPA's brownfields technical assistance opportunities for
brownfields communities. For more information on technical
assistance opportunities, please visit: https://www.epa.gov/brownfields.
\11\ For more information about EPA's Brownfields Environmental
Workforce Development and Job Training Program, please visit:
https://www.epa.gov/brownfields/types-brownfields-grant-funding.
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Note: EPA anticipates that states and tribes will work with their
EPA Brownfields Area-Wide Planning, Assessment, 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: https://www.epa.gov/greeningepa/climate-change-adaptation-plans.
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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 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 expedite the reuse and redevelopment of sites, particularly
those 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 affected
communities. For example, a Community Relations Plan (CRP) could be
developed to provide reasonable notice 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 brownfield 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 in cases where the date of acquisition of the property
was on or before January 11, 2002.
Subawards are defined at 2 CFR 200.92 and may not be awarded to
for-profit organizations. If the recipient plans on making any
subawards under the cooperative agreement then they become a pass-
through entity. As the pass-through entity, the recipient must report
on its subaward monitoring activities under 2 CFR 200.331(d).
Additional reporting requirements for these activities will be included
in the cooperative agreement. In addition, subawards 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

[[Page 73392]]

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 in cases where 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 limit, a state or tribe must submit a
waiver request. 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 the four required elements of a response program) and
how the core program 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; and
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 review waiver requests based on the
information in the justification and other information available to the
Agency. EPA will inform recipients whether the waiver is approved.
3. Uses Related to Site-Specific Activities at Petroleum Brownfield
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 brownfield
sites defined in 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 brownfield
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-Brownfield'' Sites

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. Costs incurred for
activities at non-brownfield sites may be eligible and allowable if
such activities are included in the state's or tribe's work plan.
Direct assessment and cleanup activities may only be conducted on
eligible brownfield 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
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 as well as applicable provisions of 40 CFR part 35 Subparts
A and B. Under these regulations, the cooperative agreement recipient
for a section 128(a) grant is the government to which a cooperative
agreement is awarded and which is accountable for use of the funds
provided. The cooperative agreement recipient is the 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 restrictions under 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.
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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 2017, 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 FY17 states and
tribal individual funding amounts will be less than the FY16 individual
funding amounts.

[[Page 73393]]

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. 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
must, 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 as described in 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 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.\15\
Specifically for:
---------------------------------------------------------------------------

\15\ 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
FY16: Requests for FY17 funds will not be accepted from states or
tribes that fail to demonstrate, by the December 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 FY16 cooperative agreement that
prohibited drawdown of FY16 funds prior to meeting the 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 FY16: By
the time of the actual FY17 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 FY17 cooperative agreement that prohibits the
drawdown of FY17 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 significant emphasis on the utilization
of prior years' funding. Unused funds prior to FY16 will be considered
in the allocation process. Existing balances of cooperative agreement
funds as reflected in EPA's Financial Data Warehouse may result in 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 December 31, 2016, request deadline, EPA's Regional
Offices will submit summaries of state and tribal requests to EPA
Headquarters. Before doing so, 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, and scope of the perceived need for
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):

[[Page 73394]]

[GRAPHIC] [TIFF OMITTED] TN25OC16.323

IX. Information To Be Submitted With the Funding Request

A. Summary of Planned Use of FY17 Funding

All states and tribes requesting FY17 funds must submit (to their
regional brownfields contact, shown on the last page of this guidance)
a draft work plan of the funds with associated dollar amounts. Please
contact your regional contact listed on page 29 or visit www.epa.gov/brownfields/brownfields-comprehensive-environmental-response-compensation-and-liability-act-cercla for a sample draft work plan.
For entities which received CERCLA 128(a) funding in previous
years, respond to the following:
1. Funding Request
a. Prepare a draft work plan and budget for your FY17 funding
request. The funding requested should be reasonably spent in one year.
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. In your funding request, include the prior years' funding
amount. Include any funds that you, the recipient, 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. The recipient should include a detailed explanation and
justification of prior year funds that remain in EPA's Financial Data
Warehouse. The recipient should consult with the region regarding the
amount of unspent funds which require explanation to ensure they have
addressed the full amount of any remaining balance.
c. If you do not have an MOA with EPA, demonstrate how your program
includes, or is taking reasonable steps to include, the four elements
described in Section VI.
For tribal entities which have never received CERCLA 128(a)
funding, respond to the following:
1. Funding Request
a. Describe your plan to establish a response program, why it is a
priority for your tribe, and why CERCLA 128(a) funding will be
beneficial to your program. If your tribe is already supported by a
tribal consortia receiving CERCLA 128(a) funding, explain why
additional resources are necessary.
b. Prepare a draft work plan and budget for your first funding
year. The funding requested should be reasonably spent in one year. For
budget planning purposes, it is recommended that you assume funding
sufficient to support 0.5 staff to establish a response program and
some travel to attend regional and national trainings or events.
2. Programmatic Capability
a. Describe the organizational structure you will utilize to ensure
sound program management to guarantee or confirm timely and successful
expenditure of funds, and completion of all technical, administrative
and financial requirements of the program and cooperative agreement.
b. Include a brief description of the key qualifications of staff
to manage the response program and/or the process you will follow to
hire staff to manage the response program. If key staff is already in
place, include their roles, expertise, qualifications, and experience.
c. Discuss how this response program fits into your current
environmental program(s). If you don't have an environmental program,
describe your process to develop, or interest to start one.
d. Describe if you have had adverse audit findings. If you had
problems with the administration of any grants or cooperative
agreements, describe how you have corrected, or are correcting, the
problems.

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
incorporated into your cooperative agreement.

A. Progress Reports

In accordance with 2 CFR 200.328 and any EPA specific regulations,
state and tribes must provide progress reports meeting the terms and
conditions of the cooperative agreement negotiated. 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 or tribe accomplishments and
environmental outputs associated with the approved budget and work
plan. 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, the recipient may also need to
report on the following:
1. Interim and final progress reports. Reports must prominently
display the following information 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

[[Page 73395]]

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 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 a revolving loan fund 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., name of insurer, type of coverage provided, dollar limits of
coverage, any buffers or deductibles, category and identity of insured
persons, premium, first dollar or umbrella, whether 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 December 31, 2016, a summary of
the previous federal fiscal year's work (October 1, 2015 through
September 30, 2016). 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 FY16;
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;
Number of audits/inspections/reviews/other conducted to
ensure engineering controls and institutional controls are still
protective; 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 FY16? 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.

[[Page 73396]]

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 must, as appropriate, 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(s) 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(s) 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 they have an active federal award or an
application or proposal under consideration by an agency; and
3. Provide their DUNS number in each application or proposal
submitted 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
affect their ability to receive the award.
Please note that the Central Contractor Registration (CCR) system
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
If funding is provided it will be provided through a cooperative
agreement award. All cooperative agreement applications for non-
competitive assistance agreements 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, 5 Post AmyJean McKeown, 5
Office Square, Post Office Square,
Suite 100 (OSRR07- Suite 100 (OSRR07-
2), Boston, MA 2), Boston, MA
02109-3912, Phone 02109-3912, Phone
(617) 918-1389, Fax (617) 918-1248, Fax
(617) 918-1294. (617) 918-1294.
2--NJ, NY, PR, VI........... John Struble, 290 Phillip Clappin, 290
Broadway, 18th Broadway, 18th
Floor, New York, NY Floor, New York, NY
10007-1866, Phone 10007-1866, Phone
(212) 637-4291, Fax (212) 637-4431, Fax
(212) 637-3083. (212) 637-3083.
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, Nicole Comick Bates, Olga Perry, 61
SC, TN. 61 Forsyth Street, Forsyth Street,
S.W, 10TH FL S.W, 10TH FL
(9T25), Atlanta, GA (9T25), Atlanta, GA
30303-8960, Phone 30303-8960, Phone
(404) 562-9966, Fax (404) 562-8534, Fax
(404) 562-8788. (404) 562-8788.
5--IL, IN, MI, MN, OH, WI... Jan Pels, 77 West Rosita Clarke-
Jackson Boulevard Moreno, 77 West
(SB-7J), Chicago, Jackson Boulevard
IL 60604-3507, (SB-7J), Chicago,
Phone (312) 886- IL 60604-3507,
3009, Fax (312) 692- Phone (312) 886-
2161. 7215, Fax (312) 697-
2075.
6--AR, LA, NM, OK, TX....... Amber Perry, 1445 Amber Perry, 1445
Ross Avenue, Suite Ross Avenue, Suite
1200 (6SF), Dallas, 1200 (6SF), Dallas,
TX 75202-2733, TX 75202-2733,
Phone (214) 665- Phone (214) 665-
3172, Fax (214) 665- 3172, Fax (214) 665-
6660. 6660.

[[Page 73397]]

7--IA, KS, MO, NE........... Susan Klein, 11201 Jennifer Morris,
Renner Boulevard 11201 Renner
(SUPRSTAR), Lenexa Boulevard
KS 66219, Phone (SUPRSTAR), Lenexa
(913) 551-7786, Fax KS 66219, Phone
(913) 551-9786. (913) 551-7341, Fax
(913) 551-9341.
8--CO, MT, ND, SD, UT, WY... Christina Wilson, Barbara Benoy, 1595
1595 Wynkoop Street Wynkoop Street
(EPR-B), Denver, CO (8EPR-SA), Denver,
80202-1129, Phone CO 80202-1129,
(303) 312-6706, Fax Phone (303) 312-
(303) 312-6065. 6760, Fax (303) 312-
6962.
9--AZ, CA, HI, NV, AS, GU, Eugenia Chow, 75 Jose Garcia, Jr.,
MP. Hawthorne St. (SFD- 600 Wilshire Blvd,
6-1), San Suite 1460, Los
Francisco, CA Angeles, CA 90017,
94105, Phone (415) Phone (213) 244-
972-3160, Fax (415) 1811, Fax (213) 244-
947-3520. 1850.
10--AK, ID, OR, WA.......... Mary K. Goolie, 222 Mary K. Goolie, 222
West 7th Avenue #19 West 7th Avenue #19
(AOO), Anchorage, (AOO), Anchorage,
AK 99513, Phone AK 99513, Phone
((907) 271-3414, ((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 13, 2016.
Gail Cooper,
Deputy Director, Office of Brownfields and Land Revitalization, Office
of Land and Emergency Management.
[FR Doc. 2016-25770 Filed 10-24-16; 8:45 am]
BILLING CODE 6560-50-P

73390 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

a. Public access to documents and and engineering controls; and how the C. Long-Term Maintenance of the Public
related materials that a state, tribe, or responsible entity is implementing Record
party conducting the cleanup is relying those activities (see Section VI.C). EPA encourages states and tribes to
on or developing to make cleanup Section 128(a) funds may be used to maintain public record information,
decisions or conduct site activities; maintain and make available a public including data on institutional controls,
b. prior notice and opportunity for on a long-term basis (more than one
record system that meets the
meaningful public comment on cleanup year) for sites at which a response action
plans and site activities, including the requirements discussed above.
has been completed. Subject to EPA
input into the prioritization of sites; and A. Distinguishing the ‘‘Survey and regional office approval, states or tribes
c. a mechanism by which a person Inventory’’ Element From the ‘‘Public may include development and operation
who is, or may be, affected by a release Record’’ of systems that ensure long-term
or threatened release of a hazardous
maintenance of the public record,
substance, pollutant, or contaminant at It is important to note that the public
including information on institutional
a brownfield site—located in the record requirement differs from the controls (such as ensuring the entity
community in which the person works ‘‘timely survey and inventory’’ element responsible for oversight, monitoring,
or resides—may request that a site described in the ‘‘Four Elements’’ and/or maintenance of the institutional
assessment be conducted. The section above. The public record and engineering controls is
appropriate state or tribal official must addresses sites at which response implementing those activities) in their
consider this request and appropriately actions have been completed in the work plans.9
respond. previous year or are planned in the
4. Mechanisms for approval of upcoming year. In contrast, the ‘‘timely VII. Use of Funding
cleanup plans, and verification and survey and inventory’’ element, A. Overview
certification that cleanup is complete. described above, refers to identifying
The goal for this element is to have Section 128(a)(1)(B) describes the
brownfield sites regardless of planned
states and tribes include in their eligible uses of cooperative agreement
or completed actions. funds by states and tribes. In general, a
response program mechanisms to
approve cleanup plans and to verify that B. Making the Public Record Easily state or tribe may use funding to
response actions are complete, Accessible ‘‘establish or enhance’’ its response
including a requirement for certification program. Specifically, a state or tribe
or similar documentation from the state, EPA’s goal is to enable states and may use cooperative agreement funds to
the tribe, or a licensed site professional tribes to make the public record and build response programs that include
that the response action is complete. other information, such as information the four elements outline in section
Written approval by a state or tribal from the ‘‘survey and inventory’’ 128(a)(2). Eligible activities include, but
response program official of a proposed element, easily accessible. For this are not limited to, the following:
cleanup plan is an example of an reason, EPA will allow states and tribes • Developing legislation, regulations,
approval mechanism. to use section 128(a) funding to make procedures, ordinances, guidance, etc.
such information available to the public that establish or enhance the
VI. Public Record Requirement via the internet or other avenues. For administrative and legal structure of a
In order to be eligible for section example, the Agency would support response program;
128(a) funding, states and tribes funding state and tribal efforts to • establishing and maintaining the
(including those with MOAs) must include detailed location information in required public record described in
establish and maintain a public record the public record such as the street Section VI of this guidance;
system, as described below, to enable • operation, maintenance and long-
address, and latitude and longitude
meaningful public participation (refer to term monitoring of institutional controls
information for each site.8 States and and engineering controls;
Section V.3 above). Specifically, under tribes should ensure that all affected • conducting site-specific activities,
section 128(b)(1)(C), states and tribes communities have appropriate access to such as assessment or cleanup, provided
must: the public record by making it available
1. Maintain and update, at least such activities establish and/or enhance
on-line, in print at libraries, or at other the response program and are tied to the
annually or more often as appropriate, community gathering places. four elements. In addition to the
a public record that includes the name
In an effort to reduce cooperative requirement under CERCLA section
and location of sites at which response
agreement reporting requirements and 128(a)(2)(C)(ii) to provide for public
actions have been completed during the
increase public access to the public comment on cleanup plans and site
previous year;
2. maintain and update, at least record, EPA encourages states and tribes activities, EPA strongly encourages
annually or more often as appropriate, to place their public record on the states and tribes to seek public input
a public record that includes the name internet. If a state or tribe places the regarding the priority of sites to be
and location of sites at which response public record on the Internet, maintains addressed-especially from local
actions are planned in the next year; the substantive requirements of the communities with health risks related to
and public record, and provides EPA with exposure to hazardous waste or other
3. identify in the public record the link to that site, EPA will, for public health concerns, those in
whether or not the site, upon purposes of cooperative agreement economically disadvantaged or remote
completion of the response action, will funding only, deem the public record areas, and those with limited experience
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be suitable for unrestricted use. If not, reporting requirement met. working with government agencies. EPA
the public record must identify the will not provide section 128(a) funds
institutional controls relied on in the 8 For further information on data quality solely for assessment or cleanup of
remedy and include relevant requirements for latitude and longitude
information, please see EPA’s data standards Web 9 States and tribes may find useful information on
information concerning the entity site available at http://iaspub.epa.gov/sor_internet/ institutional controls on the EPA’s institutional
responsible for oversight, monitoring, registry/datastds/findadatastandard/epaapproved/ controls Web site at http://www.epa.gov/superfund/
and/or maintenance of the institutional latitudelongitude. policy/ic/index.htm

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specific brownfield sites; site-specific response program enhancement specific funding to perform assessment
activities must be part of an overall activities can also include outreach to (e.g., phase I, phase II, supplemental
section 128(a) work plan that includes local communities (e.g., distressed, assessments and cleanup planning) and
funding for other activities that establish environmental justice, rural, tribal, etc.) cleanup activities that will expedite the
or enhance the four elements; to increase awareness about reuse and redevelopment of sites,
• capitalizing a revolving loan fund brownfields, building a sustainable particularly those located in distressed,
(RLF) for brownfields cleanup as brownfields program, federal environmental justice, rural or tribal
authorized under CERCLA section brownfields technical assistance communities. Furthermore, states and
104(k)(3). These RLFs are subject to the opportunities 10 (e.g., holding tribes that perform site-specific
same statutory requirements and workshops to assist communities to activities should plan to directly engage
cooperative agreement terms and apply for federal Brownfields grant with and involve affected communities.
conditions applicable to RLFs awarded funding), and knowledge regarding the For example, a Community Relations
under section 104(k)(3). Requirements importance of monitoring engineering Plan (CRP) could be developed to
include a 20 percent match (in the form and institutional controls. Additionally, provide reasonable notice about a
of money, labor, material, or services enhancement activities can include planned cleanup, as well as
from a non-federal source) on the facilitating the participation of the state opportunities for the public to comment
amount of section 128(a) funds used for and local agencies (e.g., transportation, on the cleanup. States and tribes should
the RLF, a prohibition on using EPA water, other infrastructure) in work towards securing additional
cooperative agreement funds for implementation of brownfields projects. funding for site-specific activities by
administrative costs relating to the RLF, States and tribes can also help local leveraging resources from other sources
and a prohibition on using RLF loans or communities collaborate with local such as businesses, non-profit
subgrants for response costs at a site for workforce development entities or organizations, education and training
which the recipient may be potentially Brownfields Environmental Workforce providers, and/or federal, state, tribal,
liable under section 107 of CERCLA. Development Job training recipients on and local governments;
Other prohibitions relevant to CERCLA the assessment and cleanup of b. absent EPA approval, no more than
section 104(k)(4) also apply; and brownfield sites.11 Other enhancement $200,000 per site assessment can be
• purchasing environmental uses may be allowable as well. funded with section 128(a) funds, and
insurance or developing a risk-sharing Note: EPA anticipates that states and no more than $200,000 per site cleanup
pool, indemnity pool, or insurance tribes will work with their EPA can be funded with section 128(a)
mechanism to provide financing for Brownfields Area-Wide Planning, funds;
response actions under a state or tribal Assessment, Cleanup, and Revolving c. absent EPA approval, the state/tribe
response program. Loan Fund recipients to incorporate
may not use funds awarded under this
changing climate conditions in their
B. Uses Related To Establishing a State agreement to assess and/or clean up
reuse plans and clean up remedies, as
or Tribal Response Program sites owned or operated by the recipient
appropriate.12
Under CERCLA section 128(a), or held in trust by the United States
establish includes activities necessary to D. Uses Related to Site-Specific Government for the recipient; and
build the foundation for the four Activities d. assessments and cleanups cannot
elements of a state or tribal response 1. Eligible Uses of Funds for Site- be conducted at sites where the state/
program and the public record Specific Activities tribe is a potentially responsible party
requirement. For example, a state or pursuant to CERCLA section 107,
Site-specific assessment and cleanup except:
tribal response program may use section activities should establish and/or
128(a) funds to develop regulations, • At brownfield sites contaminated
enhance the response program and be by a controlled substance as defined in
ordinances, procedures, guidance, and a tied to the four elements. Site-specific
public record. CERCLA section 101(39)(D)(ii)(I); or
assessments and cleanups can be both • when the recipient would satisfy all
C. Uses Related To Enhancing a State or eligible and allowable if the activities is of the elements set forth in CERCLA
Tribal Response Program included in the work plan negotiated section 101(40) to qualify as a bona fide
between the EPA regional office and the prospective purchaser except in cases
Under CERCLA section 128(a),
state or tribe, but activities must comply where the date of acquisition of the
enhance is related to activities that add
with all applicable laws and are subject property was on or before January 11,
to or improve a state or tribal response
to the following restrictions: 2002.
program or increase the number of sites a. Section 128(a) funds can only be
at which response actions are conducted Subawards are defined at 2 CFR
used for assessments or cleanups at sites
under such programs. 200.92 and may not be awarded to for-
that meet the definition of a brownfields
The exact enhancement activities that profit organizations. If the recipient
site at CERCLA section 101(39). EPA
may be allowable depend upon the plans on making any subawards under
encourages states and tribes to use site-
work plan negotiated between the EPA the cooperative agreement then they
regional office and the state or tribe. For 10 EPA expects states and tribes will familiarize become a pass-through entity. As the
example, regional offices and states or themselves with U.S. EPA’s brownfields technical pass-through entity, the recipient must
tribes may agree that section 128(a) assistance opportunities for brownfields report on its subaward monitoring
funds may be used for outreach and communities. For more information on technical activities under 2 CFR 200.331(d).
assistance opportunities, please visit: https://
training directly related to increasing Additional reporting requirements for
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www.epa.gov/brownfields.
awareness of its response program, and 11 For more information about EPA’s Brownfields these activities will be included in the
improving the skills of program staff. It Environmental Workforce Development and Job cooperative agreement. In addition,
may also include developing better Training Program, please visit: https:// subawards cannot be provided to
coordination and understanding of other www.epa.gov/brownfields/types-brownfields-grant- entities that may be potentially
funding.
state response programs, (e.g., RCRA or 12 For more information about EPA’s Climate responsible parties (pursuant to
Underground Storage Tanks (USTs)). As Adaptation Plan, please visit: https://www.epa.gov/ CERCLA section 107) at the site for
another example, states and tribal greeningepa/climate-change-adaptation-plans. which the assessment or cleanup

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activities are proposed to be conducted, activities will be maintained in spite of assessment and cleanup activities may
except: an increase in site-specific work. only be conducted on eligible
1. At brownfields sites contaminated Recipients must demonstrate that they brownfield sites, as defined in CERCLA
by a controlled substance as defined in have adequate funding from other section 101(39).
CERCLA section 101(39)(D)(ii)(I); or sources to effectively carry out work on VIII. General Programmatic Guidelines
2. when the recipient would satisfy all the four elements for EPA to grant a for 128(a) Grant Funding Requests
of the elements set forth in CERCLA waiver of the 50% limit on using 128(a)
section 101(40) to qualify as a bona fide funds for site-specific activities; and Funding authorized under CERCLA
prospective purchaser except in cases • an explanation as to whether the section 128(a) is awarded through a
where the date of acquisition of the sites to be addressed are those for which cooperative agreement 14 between EPA
property was on or before January 11, the affected community(ies) has and a state or a tribe. The program
2002. requested work be conducted (refer to administers cooperative agreements
Section VII.A Overview of Funding for under the Uniform Administrative
2. Limitations on the Amount of Funds Requirements, Cost Principles and
more information).
Used for Site-Specific Activities and EPA Headquarters will review waiver Audit requirements for Federal Awards
Waiver Process requests based on the information in the regulations for all entity types including
States and tribes may use section justification and other information states, tribes, and local governments
128(a) funds for site-specific activities available to the Agency. EPA will found in the Code of Federal
that improve state or tribal capacity but inform recipients whether the waiver is Regulations at 2 CFR part 200 and any
the amount recipients may request for approved. applicable EPA regulations in Title 2
site-specific assessments and cleanups CFR Subtitle B—Federal Agency
may not exceed 50% of the total amount 3. Uses Related to Site-Specific Regulations for Grants and Agreements
of funding.13 In order to exceed the 50% Activities at Petroleum Brownfield Sites Chapter 15 as well as applicable
site-specific funding limit, a state or States and tribes may use section provisions of 40 CFR part 35 Subparts
tribe must submit a waiver request. The 128(a) funds for activities that establish A and B. Under these regulations, the
total amount of the site-specific request and enhance response programs cooperative agreement recipient for a
may not exceed the recipient’s total addressing petroleum brownfield sites. section 128(a) grant is the government to
funding level for the previous year. The Subject to the restrictions listed above which a cooperative agreement is
funding request must include a brief (see Section VII.D.1) for all site-specific awarded and which is accountable for
justification describing the reason(s) for activities, the costs of site-specific use of the funds provided. The
spending more than 50% of an annual assessments and cleanup activities at cooperative agreement recipient is the
allocation on site-specific activities. An petroleum contaminated brownfield legal entity even if only a particular
applicant, when requesting a waiver, sites defined in CERCLA section component of the entity is designated in
must include the following information 101(39)(D)(ii)(II), are both eligible and the cooperative agreement award
in the written justification: allowable if the activity is included in document. Further, unexpended
• Total amount requested for site- the work plan negotiated between the balances of cooperative agreement funds
specific activities; EPA regional office and the state or are subject to restrictions under 40 CFR
• percentage of the site-specific tribe. Section 128(a) funds used to 35.118 and 40 CFR 35.518. EPA
activities (assuming waiver is approved) capitalize a Brownfields RLF may be allocates funds to state and tribal
in the total budget; used at brownfield sites contaminated response programs consistent with 40
• site-specific activities that will be by petroleum to the extent allowed CFR 35.420 and 40 CFR 35.737.
covered by this funding. If known, under CERCLA section 104(k)(3). A. One Application per State or Tribe
provide site specific information and
4. Additional Examples of Eligible Site- Subject to the availability of funds,
describe how work on each site
Specific Activities EPA regional offices will negotiate and
contributes to the development or
enhancement of your state/tribal site Other eligible uses of funds for site- enter into section 128(a) cooperative
response program. EPA recognizes the specific related include, but are not agreements with eligible and interested
role of response programs to develop limited to, the following activities: states or tribes. EPA will accept only one
and provide capacity in distressed, • Technical assistance to federal application from each eligible state or
environmental justice, rural or tribal brownfields cooperative agreement tribe.
communities, and encourages recipients; B. Maximum Funding Request
prioritization for site-specific activities • development and/or review of
quality assurance project plans (QAPPs); For Fiscal Year 2017, EPA will
in those communities. Further explain consider funding requests up to a
how the community will be (or has and
• entering data into the Assessment maximum of $1.0 million per state or
been) involved in prioritization of site tribe. Please note the CERCLA 128(a)
work and especially those sites where Cleanup and Redevelopment Exchange
System (ACRES) database program’s annual budget has remained
there is a potential or known significant relatively the same since 2003 while
environmental impact to the E. Uses Related to Activities at ‘‘Non- demand has increased over time. Due to
community; Brownfield’’ Sites the increasing number of entities
• an explanation of how this shift in requesting funding, it is likely that the
Other uses not specifically referenced
funding will not negatively impact the FY17 states and tribal individual
in this guidance may also be eligible
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core programmatic capacity (i.e., the funding amounts will be less than the
and allowable. Recipients should
ability to establish/enhance the four FY16 individual funding amounts.
consult with their regional state or tribal
required elements of a response
contact for additional guidance. Costs
program) and how the core program 14 A cooperative agreement is an agreement to a
incurred for activities at non-brownfield
state/tribe that includes substantial involvement by
13 Oversight of assessment and cleanup activities sites may be eligible and allowable if EPA on activities described in the work plan which
performed by responsible parties (other than the such activities are included in the may include technical assistance, collaboration on
state or tribe) does not count toward the 50% limit. state’s or tribe’s work plan. Direct program priorities, etc.

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Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices 73393

C. Define the State or Tribal Response G. Project Period drawdown of FY17 funds until the
Program EPA regional offices will determine public record requirement is met).
States and tribes must define in their the project period for each cooperative J. Demonstration of Significant
work plan the ‘‘section 128(a) response agreement. These may be for multiple Utilization of Prior Years’ Funding
years depending on the regional office’s
program(s)’’ to which the funds will be States and tribes should be aware that
cooperative agreement policies. Each EPA and its Congressional
applied, and may designate a
cooperative agreement must have an appropriations committees place
component of the state or tribe that will
annual budget period tied to an annual significant emphasis on the utilization
be EPA’s primary point of contact.
work plan. While not prohibited, pre- of prior years’ funding. Unused funds
When EPA funds the section 128(a)
award costs are subject to 40 CFR 35.113 prior to FY16 will be considered in the
cooperative agreement, states and tribes
and 40 CFR 35.513. allocation process. Existing balances of
may distribute these funds among the
appropriate state and tribal agencies that H. Demonstrating the Four Elements cooperative agreement funds as
are part of the section 128(a) response reflected in EPA’s Financial Data
As part of the annual work plan
program. This distribution must be Warehouse may result in an allocation
negotiation process, states or tribes that
clearly outlined in their annual work amount below a recipient’s request for
do not have VRP MOAs must
plan. funding or, if appropriate deobligation
demonstrate that their program
and reallocation by EPA Regions as
D. Separate Cooperative Agreements for includes, or is taking reasonable steps to
provided for in 40 CFR 35.118 and 40
the Capitalization of RLFS Using include, the four elements described in
CFR 35.518.
Section 128(A) Funds Section V. EPA will not fund state or EPA Regional staff will review EPA’s
tribal response program annual work Financial Database Warehouse to
If a portion of the section 128(a) grant plans if EPA determines that these identify the amount of remaining prior
funds requested will be used to elements are not met or reasonable year(s) funds. The requestor should
capitalize a revolving loan fund for progress is not being made. EPA may work, as early as possible, with both
cleanup, pursuant to section 104(k)(3), base this determination on the their own finance department, and with
two separate cooperative agreements information the state or tribe provides to their Regional Project Officer to
must be awarded (i.e., one for the RLF support its work plan, on progress reconcile any discrepancy between the
and one for non-RLF uses). States and reports, or on EPA’s review of the state amount of unspent funds showing in
tribes must, however, submit one initial or tribal response program. EPA’s system, and the amount reflected
request for funding, delineating the RLF I. Establishing and Maintaining the in the recipient’s records. The recipient
as a proposed use. Section 128(a) funds Public Record should obtain concurrence from the
used to capitalize an RLF are not Region on the amount of unspent funds
eligible for inclusion into a Performance Prior to funding a state’s or tribe’s
annual work plan, EPA regional offices requiring justification by the deadline
Partnership Grant (PPG). for this request for funding.
will verify and document that a public
E. Authority To Manage a Revolving record, as described in Section VI and K. Allocation System and Process for
Loan Fund Program below, exists and is being maintained.15 Distribution of Funds
Specifically for: After the December 31, 2016, request
If a state or tribe chooses to use its • States or tribes that received initial
section 128(a) funds to capitalize a deadline, EPA’s Regional Offices will
funding prior to FY16: Requests for submit summaries of state and tribal
revolving loan fund program, the state FY17 funds will not be accepted from
or tribe must have the lead authority to requests to EPA Headquarters. Before
states or tribes that fail to demonstrate, doing so, regional offices may take into
manage the program (e.g., hold loans, by the December 31, 2016 request
make loans, enter into loan agreements, account additional factors when
deadline, that they established and are determining recommended allocation
collect repayment, access and secure the maintaining a public record. (Note, this
site in event of an emergency or loan amounts. Such factors include, but are
would potentially impact any state or not limited to, the depth and breadth of
default). If the agency/department listed tribe that had a term and condition
as the point of contact for the section the state or tribal program, and scope of
placed on their FY16 cooperative the perceived need for funding (e.g., size
128(a) cooperative agreement does not agreement that prohibited drawdown of
have this authority, it must be able to of state or tribal jurisdiction or the
FY16 funds prior to meeting the public proposed work plan balanced against
demonstrate that another state or tribal record requirement). States or tribes in
agency does have the authority to capacity of the program, amount of
this situation will not be prevented from current year funding, funds remaining
manage the RLF and is willing to do so. drawing down their prior year funds from prior years, etc).
F. Section 128(a) Cooperative once the public record requirement is After receipt of the regional
Agreements Can Be Part of a met; and recommendations, EPA Headquarters
• states or tribes that received initial will consolidate requests and make
Performance Partnership Grant (PPG)
funding in FY16: By the time of the decisions on the final funding
States and tribes may include section actual FY17 award, the state or tribe allocations.
128(a) cooperative agreements in their must demonstrate that they established EPA regional offices will work with
PPG as described in 69 FR 51,756 and maintained the public record (those interested states and tribes to develop
(2004). Section 128(a) funds used to states and tribes that do not meet this their preliminary work plans and
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capitalize an RLF or purchase requirement will have a term and funding requests. Final cooperative
environmental insurance or develop a condition placed on their FY17 agreement work plans and budgets will
risk sharing pool, an indemnity pool, or cooperative agreement that prohibits the be negotiated with the regional office
insurance mechanism to provide 15 For purposes of 128(a) funding, the state’s or
once final allocation determinations are
financing for response actions under a tribe’s public record applies to that state’s or tribe’s
made. Please refer to process flow chart
state or tribal response program are not response program(s) that utilized the section 128(a) below (dates are estimates and subject to
eligible for inclusion in the PPG. funding. change):

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73396 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

C. Reporting of Public Record • to the extent known, whether an to the agency. Applicants can receive a
All recipients must report, as institutional control is in place; DUNS number, at no cost, by calling the
specified in the terms and conditions of • type of the institutional control(s) dedicated toll-free DUNS Number
their cooperative agreement, and in in place (e.g., deed restriction, zoning request line at 1–866–705–5711, or
Section VIII.I of this guidance, restriction, local ordinance, state visiting the D&B Web site at: http://
information related to establishing, or if registries of contaminated property, www.dnb.com.
already established, maintaining the deed notices, advisories, etc.); If an applicant fails to comply with
public record, described above. States • to the extent known, the nature of these requirements, it will affect their
and tribes can refer to an already the contamination at the site (e.g., ability to receive the award.
existing public record, e.g., Web site or hazardous substances, contaminants, or Please note that the Central Contractor
other public database to meet the public pollutants, petroleum contamination, Registration (CCR) system has been
record requirement. Recipients etc.); and replaced by the System for Award
reporting may only be required to • size of the site in acres Management (SAM). To learn more
demonstrate that the public record a) D. Award Administration Information about SAM, go to SAM.gov or https://
exists and is up-to-date, and b) is www.sam.gov/portal/public/SAM/.
adequate. A public record must, as 1. Subaward and Executive
Compensation Reporting 3. Submitting an Application via
appropriate, include the following Grants.gov
information: Applicants must ensure that they
A list of sites at which response have the necessary processes and If funding is provided it will be
actions have been completed in the past systems in place to comply with the provided through a cooperative
year including: subaward and executive total agreement award. All cooperative
• Date the response action was compensation reporting requirements agreement applications for non-
completed; established under OMB guidance at 2 competitive assistance agreements must
• site name; CFR part 170, unless they qualify for an be submitted using Grants.gov. Below is
• name of owner at time of cleanup, exception from the requirements, the information that the applicant will
if known; should they be selected for funding. use to submit their State and Tribal
• location of the site (street address, Response Program Grant applications
2. System for Award Management via Grants.gov:
and latitude and longitude);
• whether an institutional control is (SAM) and Data Universal Numbering CDFA number: 66.817.
in place; System (DUNS) Requirements Funding Opportunity Number (FON):
• type of institutional control(s) in Unless exempt from these EPA–CEP–02.
place (e.g., deed restriction, zoning requirements under OMB guidance at 2 To learn more about the Grants.gov
restriction, local ordinance, state CFR part 25 (e.g., individuals), submission requirements, go to http://
registries of contaminated property, applicants must: www.epa.gov/ogd/grants_gov_
deed notices, advisories, etc.); 1. Be registered in SAM prior to submission_requirement.htm.
• nature of the contamination at the submitting an application or proposal
4. Use of Funds
site (e.g., hazardous substances, under this announcement. SAM
contaminants or pollutants, petroleum information can be found at https:// An applicant that receives an award
contamination, etc.); and www.sam.gov/portal/public/SAM/; under this announcement is expected to
• size of the site in acres. 2. Maintain an active SAM manage assistance agreement funds
A list of sites planned to be addressed registration with current information at efficiently and effectively, and make
by the state or tribal response program all times during which they have an sufficient progress towards completing
in the coming year including: active federal award or an application or the project activities described in the
• Site name and the name of owner proposal under consideration by an work-plan in a timely manner. The
at time of cleanup, if known; agency; and assistance agreement will include terms
• location of the site (street address, 3. Provide their DUNS number in and conditions related to implementing
and latitude and longitude); each application or proposal submitted this requirement.

REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS
Region State Tribal

1—CT, ME, MA, NH, RI, VT James Byrne, 5 Post Office Square, Suite 100 AmyJean McKeown, 5 Post Office Square, Suite 100
(OSRR07–2), Boston, MA 02109–3912, Phone (617) (OSRR07–2), Boston, MA 02109–3912, Phone (617)
918–1389, Fax (617) 918–1294. 918–1248, Fax (617) 918–1294.
2—NJ, NY, PR, VI ............... John Struble, 290 Broadway, 18th Floor, New York, NY Phillip Clappin, 290 Broadway, 18th Floor, New York,
10007–1866, Phone (212) 637–4291, Fax (212) 637– NY 10007–1866, Phone (212) 637–4431, Fax (212)
3083. 637–3083.
3—DE, DC, MD, PA, VA, Michael Taurino, 1650 Arch Street (3HS51), Philadel-
WV. phia, PA 19103, Phone (215) 814–3371, Fax (215)
814–3274.
4—AL, FL, GA, KY, MS, NC, Nicole Comick Bates, 61 Forsyth Street, S.W, 10TH FL Olga Perry, 61 Forsyth Street, S.W, 10TH FL (9T25),
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SC, TN. (9T25), Atlanta, GA 30303–8960, Phone (404) 562– Atlanta, GA 30303–8960, Phone (404) 562–8534,
9966, Fax (404) 562–8788. Fax (404) 562–8788.
5—IL, IN, MI, MN, OH, WI ... Jan Pels, 77 West Jackson Boulevard (SB–7J), Chi- Rosita Clarke-Moreno, 77 West Jackson Boulevard
cago, IL 60604–3507, Phone (312) 886–3009, Fax (SB–7J), Chicago, IL 60604–3507, Phone (312) 886–
(312) 692–2161. 7215, Fax (312) 697–2075.
6—AR, LA, NM, OK, TX ...... Amber Perry, 1445 Ross Avenue, Suite 1200 (6SF), Amber Perry, 1445 Ross Avenue, Suite 1200 (6SF),
Dallas, TX 75202–2733, Phone (214) 665–3172, Fax Dallas, TX 75202–2733, Phone (214) 665–3172, Fax
(214) 665–6660. (214) 665–6660.

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Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices 73397

REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS—Continued
Region State Tribal

7—IA, KS, MO, NE .............. Susan Klein, 11201 Renner Boulevard (SUPRSTAR), Jennifer Morris, 11201 Renner Boulevard
Lenexa KS 66219, Phone (913) 551–7786, Fax (913) (SUPRSTAR), Lenexa KS 66219, Phone (913) 551–
551–9786. 7341, Fax (913) 551–9341.
8—CO, MT, ND, SD, UT, Christina Wilson, 1595 Wynkoop Street (EPR–B), Den- Barbara Benoy, 1595 Wynkoop Street (8EPR–SA),
WY. ver, CO 80202–1129, Phone (303) 312–6706, Fax Denver, CO 80202–1129, Phone (303) 312–6760,
(303) 312–6065. Fax (303) 312–6962.
9—AZ, CA, HI, NV, AS, GU, Eugenia Chow, 75 Hawthorne St. (SFD–6–1), San Jose Garcia, Jr., 600 Wilshire Blvd, Suite 1460, Los
MP. Francisco, CA 94105, Phone (415) 972–3160, Fax Angeles, CA 90017, Phone (213) 244–1811, Fax
(415) 947–3520. (213) 244–1850.
10—AK, ID, OR, WA ........... Mary K. Goolie, 222 West 7th Avenue #19 (AOO), An- Mary K. Goolie, 222 West 7th Avenue #19 (AOO), An-
chorage, AK 99513, Phone ((907) 271–3414, Fax ( chorage, AK 99513, Phone ((907) 271–3414, Fax
907) 271–3424. (907) 271–3424.

XI. Statutory and Executive Order 272 note) do not apply. The extended. Comments now must be
Reviews Congressional Review Act, 5 U.S.C. 801 received by EPA on or before November
Under Executive Order 12866 (58 FR et seq., generally provides that before 25, 2016.
51735, October 4, 1993), this action is certain actions may take effect, the ADDRESSES: Submit your comments,
not a ‘‘significant regulatory action’’ and agency promulgating the action must identified by Docket ID No. EPA–HQ–
is therefore not subject to review under submit a report, which includes a copy OW–2016–0438, to the Federal
Executive Orders 12866 and 13563 (76 of the action, to each House of the eRulemaking Portal: http://
FR 3821, January 21, 2011). Because this Congress and to the Comptroller General www.regulations.gov. Follow the online
action is not subject to notice and of the United States. Because this final instructions for submitting comments.
comment requirements under the action does not contain legally binding Once submitted, comments cannot be
Administrative Procedures Act or any requirements, it is not subject to the edited or removed from Regulations.gov.
other statute, it is not subject to the Congressional Review Act. EPA may publish any comment received
Regulatory Flexibility Act (5 U.S.C. 601 Dated: October 13, 2016. to its public docket. Do not submit
et seq.) or Sections 202 and 205 of the Gail Cooper, electronically any information you
Unfunded Mandates Reform Act of 1999 consider to be Confidential Business
Deputy Director, Office of Brownfields and
(UMRA) (Pub. L. 104–4). In addition, Land Revitalization, Office of Land and Information (CBI) or other information
this action does not significantly or Emergency Management. whose disclosure is restricted by statute.
uniquely affect small governments. This [FR Doc. 2016–25770 Filed 10–24–16; 8:45 am]
Multimedia submissions (audio, video,
action does not create new binding legal etc.) must be accompanied by a written
BILLING CODE 6560–50–P
requirements that substantially and comment. The written comment is
directly affect Tribes under Executive considered the official comment and
Order 13175 (63 FR 67249, November 9, ENVIRONMENTAL PROTECTION should include discussion of all points
2000). This action does not have AGENCY you wish to make. EPA will generally
significant Federalism implications not consider comments or comment
[EPA–HQ–OW–2016–0438; FRL–9954–50– contents located outside of the primary
under Executive Order 13132 (64 FR
OW] submission (i.e., on the web, cloud, or
43255, August 10, 1999). Because this
action has been exempted from review other file sharing system). For
Notice of Extension to Comment
under Executive Order 12866, this additional submission methods, the full
Period on the Request for Public
action is not subject to Executive Order EPA public comment policy,
Comments To Be Sent to EPA on Peer
13211, entitled Actions Concerning information about CBI or multimedia
Review Materials To Inform the Safe
Regulations That Significantly Affect submissions, and general guidance on
Drinking Water Act Decision Making on
Energy Supply, Distribution, or Use (66 making effective comments, please visit
Perchlorate
FR 28355, May 22, 2001) or Executive http://www2.epa.gov/dockets/
Order 13045, entitled Protection of AGENCY: Environmental Protection commenting-epa-dockets.
Children from Environmental Health Agency (EPA). FOR FURTHER INFORMATION CONTACT: Russ
Risks and Safety Risks (62 FR 19885, ACTION: Extension of comment period. Perkinson at U.S. EPA, Office of Ground
April 23, 1997). This action does not Water and Drinking Water, Standards
contain any information collections SUMMARY: The Environmental Protection and Risk Management Division, (Mail
subject to OMB approval under the Agency (EPA) is extending the comment Code 4607M), 1200 Pennsylvania
Paperwork Reduction Act (PRA), 44 period for the notice, ‘‘Request for Avenue NW., Washington, DC 20460;
U.S.C. 3501 et seq., nor does it require Public Comments To Be Sent to EPA on telephone: 202–564–4901; or
any special considerations under Peer Review Materials To Inform the email:perkinson.russ@epa.gov.
Executive Order 12898, entitled Federal Safe Drinking Water Act Decision SUPPLEMENTARY INFORMATION: On
Actions to Address Environmental Making on Perchlorate.’’ In response to September 30, 2016, EPA published in
mstockstill on DSK3G9T082PROD with NOTICES

Justice in Minority Populations and stakeholder requests, EPA is extending the Federal Register (81 FR 67350), a
Low-Income Populations (59 FR 7629, the comment period for an additional notice announcing the release of
February 16, 1994). This action does not eleven days, from November 14, 2016, materials for public comment. The
involve technical standards; thus, the to November 25, 2016. materials will undergo expert peer
requirements of Section 12(d) of the DATES: The comment period announced review in support of the EPA’s Safe
National Technology Transfer and in the notice that was published on Drinking Water Act decision making on
Advancement Act of 1995 (15 U.S.C. September 30, 2016 (81 FR 67350) is perchlorate. The Agency requests

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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 November 1, 2016. EPA expects to make non-competitive grant awards to states and tribes which apply during fiscal year 2017.
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		81 FR 73388