82 FR 44615 - 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 FY2018

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range		44615-44624
FR Document		2017-20436

The Environmental Protection Agency (EPA) will accept requests, from October 15, 2017 through December 15, 2017, 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 2018, 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 82 Issue 184 (Monday, September 25, 2017)

[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44615-44624]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-20436]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9967-74-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 FY2018

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will accept
requests, from October 15, 2017 through December 15, 2017, 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 2018, 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 applicable as of October 15, 2017. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2018.

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 Land and Emergency
Management, 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 2018 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, November 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

[[Page 44616]]

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 October 15, 2017 through
December 15, 2017. Requests EPA receives after December 15, 2017 will
not be considered for FY2018 funding. Information that must be
submitted with the funding request is listed in Section IX of this
guidance. States or tribes that do not submit the request in the
appropriate manner may forfeit their ability to receive funds. First
time requestors are strongly encouraged to contact their Regional EPA
Brownfields contacts, listed at the end of this guidance, prior to
submitting their funding request. EPA will consider funding requests up
to a maximum of $1.0 million per state or tribe for FY2018.
Requests submitted by the December 15, 2017 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
required management and administrative capacity within their government
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

[[Page 44617]]

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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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 https://www.epa.gov/sites/production/files/2015-06/documents/latlongstandard-v2a_10022014.pdf.
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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

[[Page 44618]]

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 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.
States and tribes also need to comply with Grants Policy Issuance
(GPI) 17-01 Sustainability in EPA Cooperative Agreements.

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

Under CERCLA section 128(a), enhancing a state or tribal response
program includes 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 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\
States and tribes also need to comply with Grants Policy Issuance (GPI)
17-01 Sustainability in EPA Cooperative Agreements. Other enhancement
uses may be allowable as well.
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\10\ EPA expects states and tribes will familiarize themselves
with US EPA's brownfields technical assistance opportunities for
brownfields communities. For more information on technical
assistance opportunities, please visit: 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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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 are 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, and prioritize
sites based on need.\12\ 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;
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\12\ An example of prioritizing sites based on need can be
focusing on environmental justice. EPA defines environmental justice
as the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect
to the development, implementation, and enforcement of environmental
laws, regulations, and policies. EPA has this goal for all
communities and persons across the nation. Environmental justice
will be achieved when everyone enjoys the same degree of protection
from environmental and health hazards and equal access to the
decision-making process to have a healthy environment in which to
live, learn, and work. For more information, please visit
www.epa.gov/environmentaljustice.
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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

[[Page 44619]]

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, or would satisfy all elements 101(40), except 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
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, or would satisfy all elements of CERCLA 101(40)(D) except
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. However, 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. 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, as 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

[[Page 44620]]

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.
---------------------------------------------------------------------------

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 2018, EPA will consider funding requests up to a
maximum of $1.0 million per state or tribe. Please note that demand for
this program continues to increase. Due to the increasing number of
entities requesting funding, it is likely that the FY18 states and
tribal individual funding amounts will be less than the FY17 individual
funding amounts.

C. Define the State or Tribal Response Program

States and tribes must define in their work plan the ``section
128(a) response program(s)'' to which the funds will be applied, and
may designate a component of the state or tribe that will be EPA's
primary point of contact. 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 agency within that state or tribe has 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 51756, August 20, 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
FY17: Requests for FY18 funds will not be accepted from states or
tribes that fail to demonstrate, by the December 15, 2017 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 FY17 cooperative agreement that
prohibited drawdown of FY17 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 FY17: By
the time of the actual FY18 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 FY18 cooperative agreement that prohibits the
drawdown of FY18 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 FY17 will be considered
in the allocation process. Existing balances of cooperative agreement
funds as reflected in EPA's Financial Data Warehouse as of January 1,
2018 may result in an allocation amount below a recipient's FY17
allocation amount or, if appropriate the deobligation and reallocation
of prior funding 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 15, 2017, request deadline, EPA's Regional
Offices will submit summaries of state and tribal requests to EPA
Headquarters. Before

[[Page 44621]]

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):
[GRAPHIC] [TIFF OMITTED] TN25SE17.000

IX. Information To Be Submitted With the Funding Request

A. Summary of Planned Use of FY18 Funding

All states and tribes requesting FY18 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 to their
regional brownfields contact listed on the last page. Please contact
your regional brownfields contact 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 FY18 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 or
drawn down 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.
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.

Note: Programmatic Capability--[Only Respond if Specifically
Requested by Region]

EPA Regions may request demonstration of Programmatic Capability if
the returning grantee has experienced key staff turnover or if the
grantee has open programmatic review findings. An entity's
corresponding EPA Region will notify returning recipients if the
information below is required, and it must be included with your
funding request. 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.
a. 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.
b. Discuss how this response program fits into your current
environmental program(s). If you do not have an environmental program,
describe your process to develop, or interest to start one.
c. 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.
For tribal entities which have never received CERCLA 128(a)
funding, respond to the following:
2. 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.
3. 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,

[[Page 44622]]

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 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.

[[Page 44623]]

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 15, 2017, a summary of
the previous federal fiscal year's work (October 1, 2016 through
September 30, 2017). 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 FY17;
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 FY17? 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.

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). To
meet the reporting 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/grants/how-apply-grants.

[[Page 44624]]

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, Cindy Nolan, 61 Olga Perry, 61
SC, TN. Forsyth Street SW., Forsyth Street SW.,
10th Fl (9T25), 10th Fl (9T25),
Atlanta, GA 30303- Atlanta, GA 30303-
8960, Phone (404) 8960, Phone (404)
562-8425 Fax (404) 562-8534 Fax (404)
562-8788. 562-8788.
5. IL, IN, MI, MN, OH, WI... Jan Pels, 77 West Kirstin Kuenzi, 77
Jackson Boulevard West Jackson
(SB-5J), Chicago, Boulevard (SB-5J),
IL 60604-3507, Chicago, IL 60604-
Phone (312) 886- 3507, Phone (312)
3009 Fax (312) 692- 886-6015 Fax (312)
2161. 697-2075.
6. AR, LA, NM, OK, TX....... Amber Howard, 1445 Freda Hardaway, 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- 8342 Fax (214) 665-
6660. 6660.
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, Melisa Devincenzi,
1595 Wynkoop Street 1595 Wynkoop Street
(EPR-AR), Denver, (EPR-AR), Denver,
CO 80202-1129, CO 80202-1129,
Phone (303) 312- Phone (303) 312-
6706 Fax (303) 312- 6377 Fax (303) 312-
6065. 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 Fax (907) 271-3414 Fax
(907) 271-3424. (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: September 1, 2017.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization, Office of Land
and Emergency Management.
[FR Doc. 2017-20436 Filed 9-22-17; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices 44617

complete them (this includes operation 2. Maintain and update, at least on-line, in print at libraries, or at other
and maintenance and/or long-term annually or more often as appropriate, community gathering places.
monitoring activities). a public record that includes the name In an effort to reduce cooperative
3. Mechanisms and resources to and location of sites at which response agreement reporting requirements and
provide meaningful opportunities for actions are planned in the next year; increase public access to the public
public participation.7 The goal for this and record, EPA encourages states and tribes
element is to have states and tribes 3. Identify in the public record to place their public record on the
include in their response program internet. If a state or tribe places the
whether or not the site, upon
mechanisms and resources for public record on the internet, maintains
completion of the response action, will
meaningful public participation, at the the substantive requirements of the
be suitable for unrestricted use. If not,
local level, including, at a minimum: public record, and provides EPA with
a. Public access to documents and the public record must identify the
institutional controls relied on in the the link to that site, EPA will, for
related materials that a state, tribe, or purposes of cooperative agreement
party conducting the cleanup is relying remedy and include relevant
information concerning the entity funding only, deem the public record
on or developing to make cleanup reporting requirement met.
decisions or conduct site activities; responsible for oversight, monitoring,
b. Prior notice and opportunity for and/or maintenance of the institutional C. Long-Term Maintenance of the Public
meaningful public comment on cleanup and engineering controls; and how the Record
plans and site activities, including the responsible entity is implementing EPA encourages states and tribes to
input into the prioritization of sites; and those activities (see Section VI.C). maintain public record information,
c. A mechanism by which a person Section 128(a) funds may be used to including data on institutional controls,
who is, or may be, affected by a release maintain and make available a public on a long-term basis (more than one
or threatened release of a hazardous record system that meets the year) for sites at which a response action
substance, pollutant, or contaminant at requirements discussed above. has been completed. Subject to EPA
a brownfield site—located in the regional office approval, states or tribes
community in which the person works A. Distinguishing the ‘‘Survey and
Inventory’’ Element From the ‘‘Public may include development and operation
or resides—may request that a site of systems that ensure long-term
assessment be conducted. The Record’’
maintenance of the public record,
appropriate state or tribal official must It is important to note that the public including information on institutional
consider this request and appropriately record requirement differs from the controls (such as ensuring the entity
respond. ‘‘timely survey and inventory’’ element responsible for oversight, monitoring,
4. Mechanisms for approval of and/or maintenance of the institutional
described in the ‘‘Four Elements’’
cleanup plans, and verification and and engineering controls is
section above. The public record
certification that cleanup is complete. implementing those activities) in their
addresses sites at which response
The goal for this element is to have work plans.9
actions have been completed in the
states and tribes include in their
previous year or are planned in the VII. Use of Funding
response program mechanisms to
upcoming year. In contrast, the ‘‘timely
approve cleanup plans and to verify that A. Overview
survey and inventory’’ element,
response actions are complete,
described above, refers to identifying Section 128(a)(1)(B) describes the
including a requirement for certification
brownfield sites regardless of planned eligible uses of cooperative agreement
or similar documentation from the state,
or completed actions. funds by states and tribes. In general, a
the tribe, or a licensed site professional
that the response action is complete. B. Making the Public Record Easily state or tribe may use funding to
Written approval by a state or tribal Accessible ‘‘establish or enhance’’ its response
response program official of a proposed program. Specifically, a state or tribe
cleanup plan is an example of an EPA’s goal is to enable states and may use cooperative agreement funds to
approval mechanism. tribes to make the public record and build response programs that include
other information, such as information the four elements outline in section
VI. Public Record Requirement from the ‘‘survey and inventory’’ 128(a)(2). Eligible activities include, but
In order to be eligible for section element, easily accessible. For this are not limited to, the following:
128(a) funding, states and tribes reason, EPA will allow states and tribes • Developing legislation, regulations,
(including those with MOAs) must to use section 128(a) funding to make procedures, ordinances, guidance, etc.
establish and maintain a public record such information available to the public that establish or enhance the
system, as described below, to enable via the internet or other avenues. For administrative and legal structure of a
meaningful public participation (refer to example, the Agency would support response program;
Section V.3 above). Specifically, under funding state and tribal efforts to • Establishing and maintaining the
section 128(b)(1)(C), states and tribes include detailed location information in required public record described in
must: the public record such as the street Section VI of this guidance;
1. Maintain and update, at least address, and latitude and longitude • Operation, maintenance and long-
annually or more often as appropriate, information for each site.8 States and term monitoring of institutional controls
a public record that includes the name tribes should ensure that all affected and engineering controls;
asabaliauskas on DSKBBXCHB2PROD with NOTICES

and location of sites at which response communities have appropriate access to • Conducting site-specific activities,
actions have been completed during the the public record by making it available such as assessment or cleanup, provided
previous year; such activities establish and/or enhance
8 For further information on data quality the response program and are tied to the
7 Statesand tribes establishing this element may requirements for latitude and longitude
find useful information on public participation on information, please see EPA’s data standards Web 9 States and tribes may find useful information on

EPA’s community involvement Web site at https:// site available at https://www.epa.gov/sites/ institutional controls on the EPA’s institutional
www.epa.gov/superfund/superfund-community- production/files/2015-06/documents/ controls Web site at http://www.epa.gov/superfund/
involvement. latlongstandard-v2a_10022014.pdf. policy/ic/index.htm.

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44618 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

four elements. In addition to the C. Uses Related to Enhancing a State or D. Uses Related to Site-Specific
requirement under CERCLA section Tribal Response Program Activities
128(a)(2)(C)(ii) to provide for public 1. Eligible Uses of Funds for Site-
comment on cleanup plans and site Under CERCLA section 128(a),
enhancing a state or tribal response Specific Activities
activities, EPA strongly encourages
states and tribes to seek public input program includes related to activities Site-specific assessment and cleanup
regarding the priority of sites to be that add to or improve a state or tribal activities should establish and/or
addressed-especially from local response program or increase the enhance the response program and be
communities with health risks related to number of sites at which response tied to the four elements. Site-specific
exposure to hazardous waste or other actions are conducted under such assessments and cleanups can be both
programs. eligible and allowable if the activities
public health concerns, those in
The exact enhancement activities that are included in the work plan
economically disadvantaged or remote
may be allowable depend upon the negotiated between the EPA regional
areas, and those with limited experience
office and the state or tribe, but
working with government agencies. EPA work plan negotiated between the EPA
activities must comply with all
will not provide section 128(a) funds regional office and the state or tribe. For
applicable laws and are subject to the
solely for assessment or cleanup of example, regional offices and states or following restrictions:
specific brownfield sites; site-specific tribes may agree that section 128(a) a. Section 128(a) funds can only be
activities must be part of an overall funds may be used for outreach and used for assessments or cleanups at sites
section 128(a) work plan that includes training directly related to increasing that meet the definition of a brownfields
funding for other activities that establish awareness of its response program, and site at CERCLA section 101(39). EPA
or enhance the four elements; improving the skills of program staff. It encourages states and tribes to use site-
• Capitalizing a revolving loan fund may also include developing better specific funding to perform assessment
(RLF) for brownfields cleanup as coordination and understanding of other (e.g., phase I, phase II, supplemental
authorized under CERCLA section state response programs, (e.g., RCRA or assessments and cleanup planning) and
104(k)(3). These RLFs are subject to the Underground Storage Tanks (USTs)). As cleanup activities that will expedite the
same statutory requirements and another example, states and tribal reuse and redevelopment of sites, and
cooperative agreement terms and response program enhancement prioritize sites based on need.12
conditions applicable to RLFs awarded activities can also include outreach to Furthermore, states and tribes that
under section 104(k)(3). Requirements local communities to increase perform site-specific activities should
include a 20 percent match (in the form awareness about brownfields, building a plan to directly engage with and involve
of money, labor, material, or services sustainable brownfields program, affected communities. For example, a
from a non-federal source) on the federal brownfields technical assistance Community Relations Plan (CRP) could
opportunities 10 (e.g., holding be developed to provide reasonable
amount of section 128(a) funds used for
workshops to assist communities to notice about a planned cleanup, as well
the RLF, a prohibition on using EPA
apply for federal Brownfields grant as opportunities for the public to
cooperative agreement funds for
funding), and knowledge regarding the comment on the cleanup. States and
administrative costs relating to the RLF,
importance of monitoring engineering tribes should work towards securing
and a prohibition on using RLF loans or additional funding for site-specific
subgrants for response costs at a site for and institutional controls. Additionally,
enhancement activities can include activities by leveraging resources from
which the recipient may be potentially other sources such as businesses, non-
liable under section 107 of CERCLA. facilitating the participation of the state
profit organizations, education and
Other prohibitions relevant to CERCLA and local agencies (e.g., transportation,
training providers, and/or federal, state,
section 104(k)(4) also apply; and water, other infrastructure) in tribal, and local governments;
• Purchasing environmental implementation of brownfields projects. b. Absent EPA approval, no more than
insurance or developing a risk-sharing States and tribes can also help local $200,000 per site assessment can be
pool, indemnity pool, or insurance communities collaborate with local funded with section 128(a) funds, and
mechanism to provide financing for workforce development entities or no more than $200,000 per site cleanup
response actions under a state or tribal Brownfields Environmental Workforce can be funded with section 128(a)
response program. Development Job training recipients on funds;
the assessment and cleanup of c. Absent EPA approval, the state/
B. Uses Related to Establishing a State brownfield sites.11 States and tribes also tribe may not use funds awarded under
or Tribal Response Program need to comply with Grants Policy this agreement to assess and/or clean-up
Issuance (GPI) 17–01 Sustainability in sites owned or operated by the recipient
Under CERCLA section 128(a),
EPA Cooperative Agreements. Other
establish includes activities necessary to
enhancement uses may be allowable as 12 An example of prioritizing sites based on need
build the foundation for the four
well. can be focusing on environmental justice. EPA
elements of a state or tribal response defines environmental justice as the fair treatment
program and the public record and meaningful involvement of all people
10 EPA expects states and tribes will familiarize
requirement. For example, a state or regardless of race, color, national origin, or income
asabaliauskas on DSKBBXCHB2PROD with NOTICES

themselves with US EPA’s brownfields technical with respect to the development, implementation,
tribal response program may use section assistance opportunities for brownfields and enforcement of environmental laws,
128(a) funds to develop regulations, communities. For more information on technical regulations, and policies. EPA has this goal for all
ordinances, procedures, guidance, and a assistance opportunities, please visit: https:// communities and persons across the nation.
Environmental justice will be achieved when
public record. www.epa.gov/brownfields.
everyone enjoys the same degree of protection from
11 For more information about EPA’s Brownfields
States and tribes also need to comply Environmental Workforce Development and Job
environmental and health hazards and equal access
with Grants Policy Issuance (GPI) 17–01 to the decision-making process to have a healthy
Training Program, please visit: https:// environment in which to live, learn, and work. For
Sustainability in EPA Cooperative www.epa.gov/brownfields/types-brownfields-grant- more information, please visit www.epa.gov/
Agreements. funding. environmentaljustice.

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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices 44619

or held in trust by the United States the reason(s) for spending more than used at brownfield sites contaminated
Government for the recipient; and 50% of an annual allocation on site- by petroleum to the extent allowed
d. Assessments and cleanups cannot specific activities. An applicant, when under CERCLA section 104(k)(3).
be conducted at sites where the state/ requesting a waiver, must include the
4. Additional Examples of Eligible Site-
tribe is a potentially responsible party following information in the written
Specific Activities
pursuant to CERCLA section 107, justification:
except: • Total amount requested for site- Other eligible uses of funds for site-
• At brownfield sites contaminated specific activities; specific related include, but are not
by a controlled substance as defined in • Percentage of the site-specific limited to, the following activities:
CERCLA section 101(39)(D)(ii)(I); or activities (assuming waiver is approved) • Technical assistance to federal
• When the recipient would satisfy in the total budget; brownfields cooperative agreement
all of the elements set forth in CERCLA • Site-specific activities that will be recipients;
section 101(40) to qualify as a bona fide covered by this funding. If known, • Development and/or review of
prospective purchaser, or would satisfy provide site specific information and quality assurance project plans (QAPPs);
all elements 101(40), except where the describe how work on each site and
date of acquisition of the property was contributes to the development or • Entering data into the Assessment
on or before January 11, 2002. enhancement of your state/tribal site Cleanup and Redevelopment Exchange
Subawards are defined at 2 CFR response program. Explain how the System (ACRES) database
200.92 and may not be awarded to for- community will be (or has been) E. Uses Related to Activities at ‘‘Non-
profit organizations. If the recipient involved in prioritization of site work Brownfield’’ Sites
plans on making any subawards under and especially those sites where there is
a potential or known significant Other uses not specifically referenced
the cooperative agreement, then they in this guidance may also be eligible
become a pass-through entity. As the environmental impact to the
community; and allowable. Recipients should
pass-through entity, the recipient must consult with their regional state or tribal
report on its subaward monitoring • An explanation of how this shift in
funding will not negatively impact the contact for additional guidance. Costs
activities under 2 CFR 200.331(d). incurred for activities at non-brownfield
Additional reporting requirements for core programmatic capacity (i.e., the
ability to establish/enhance the four sites may be eligible and allowable if
these activities will be included in the such activities are included in the
cooperative agreement. In addition, required elements of a response
program) and how the core program state’s or tribe’s work plan. Direct
subawards cannot be provided to assessment and cleanup activities may
entities that may be potentially activities will be maintained in spite of
an increase in site-specific work. only be conducted on eligible
responsible parties (pursuant to brownfield sites, as defined in CERCLA
CERCLA section 107) at the site for Recipients must demonstrate that they
have adequate funding from other section 101(39).
which the assessment or cleanup
activities are proposed to be conducted, sources to effectively carry out work on VIII. General Programmatic Guidelines
except: the four elements for EPA to grant a for 128(a) Grant Funding Requests
1. At brownfields sites contaminated waiver of the 50% limit on using 128(a)
Funding authorized under CERCLA
by a controlled substance as defined in funds for site-specific activities; and
• An explanation as to whether the section 128(a) is awarded through a
CERCLA section 101(39)(D)(ii)(I); or cooperative agreement 14 between EPA
2. When the recipient would satisfy sites to be addressed are those for which
the affected community(ies) has and a state or a tribe. The program
all of the elements set forth in CERCLA administers cooperative agreements
section 101(40) to qualify as a bona fide requested work be conducted (refer to
Section VII.A Overview of Funding for under the Uniform Administrative
prospective purchaser, or would satisfy Requirements, Cost Principles and
all elements of CERCLA 101(40)(D) more information).
EPA Headquarters will review waiver Audit requirements for Federal Awards
except where the date of acquisition of regulations for all entity types including
the property was on or before January requests based on the information in the
justification and other information states, tribes, and local governments
11, 2002. found in the Code of Federal
available to the Agency. EPA will
2. Limitations on the Amount of Funds inform recipients whether the waiver is Regulations at 2 CFR part 200 and any
Used for Site-Specific Activities and approved. applicable EPA regulations in Title 2
Waiver Process CFR Subtitle B—Federal Agency
3. Uses Related to Site-Specific Regulations for Grants and Agreements
States and tribes may use section Activities at Petroleum Brownfield Sites Chapter 15 as well as applicable
128(a) funds for site-specific activities provisions of 40 CFR part 35 Subparts
States and tribes may use section
that improve state or tribal capacity. A and B. Under these regulations, the
128(a) funds for activities that establish
However, the amount recipients may cooperative agreement recipient for a
and enhance response programs
request for site-specific assessments and section 128(a) grant is the government to
addressing petroleum brownfield sites.
cleanups may not exceed 50% of the which a cooperative agreement is
Subject to the restrictions listed above
total amount of funding.13 In order to awarded and which is accountable for
(see Section VII.D.1) for all site-specific
exceed the 50% site-specific funding use of the funds provided. The
activities, the costs of site-specific
limit, a state or tribe must submit a cooperative agreement recipient is the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

assessments and cleanup activities at
waiver request. The total amount of the legal entity even if only a particular
petroleum contaminated brownfield
site-specific request may not exceed the component of the entity is designated in
sites, as defined in CERCLA section
recipient’s total funding level for the the cooperative agreement award
101(39)(D)(ii)(II), are both eligible and
previous year. The funding request must
allowable if the activity is included in
include a brief justification describing 14 A cooperative agreement is an agreement to a
the work plan negotiated between the
state/tribe that includes substantial involvement by
13 Oversight of assessment and cleanup activities EPA regional office and the state or EPA on activities described in the work plan which
performed by responsible parties (other than the tribe. Section 128(a) funds used to may include technical assistance, collaboration on
state or tribe) does not count toward the 50% limit. capitalize a Brownfields RLF may be program priorities, etc.

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44620 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

document. Further, unexpended manage the program (e.g., hold loans, • States or tribes that received initial
balances of cooperative agreement funds make loans, enter into loan agreements, funding prior to FY17: Requests for
are subject to restrictions under 40 CFR collect repayment, access and secure the FY18 funds will not be accepted from
35.118 and 40 CFR 35.518. EPA site in event of an emergency or loan states or tribes that fail to demonstrate,
allocates funds to state and tribal default). If the agency/department listed by the December 15, 2017 request
response programs consistent with 40 as the point of contact for the section deadline, that they established and are
CFR 35.420 and 40 CFR 35.737. 128(a) cooperative agreement does not maintaining a public record. (Note, this
have this authority, it must be able to would potentially impact any state or
A. One Application per State or Tribe demonstrate that another agency within tribe that had a term and condition
Subject to the availability of funds, that state or tribe has the authority to placed on their FY17 cooperative
EPA regional offices will negotiate and manage the RLF and is willing to do so. agreement that prohibited drawdown of
enter into section 128(a) cooperative FY17 funds prior to meeting the public
F. Section 128(a) Cooperative
agreements with eligible and interested record requirement). States or tribes in
Agreements Can Be Part of a
states or tribes. EPA will accept only one this situation will not be prevented from
Performance Partnership Grant (PPG)
application from each eligible state or drawing down their prior year funds
tribe. States and tribes may include section once the public record requirement is
128(a) cooperative agreements in their met; and
B. Maximum Funding Request PPG as described in 69 FR 51756, • States or tribes that received initial
For Fiscal Year 2018, EPA will August 20, 2004. Section 128(a) funds funding in FY17: By the time of the
consider funding requests up to a used to capitalize an RLF or purchase actual FY18 award, the state or tribe
maximum of $1.0 million per state or environmental insurance or develop a must demonstrate that they established
tribe. Please note that demand for this risk sharing pool, an indemnity pool, or and maintained the public record (those
program continues to increase. Due to insurance mechanism to provide states and tribes that do not meet this
the increasing number of entities financing for response actions under a requirement will have a term and
requesting funding, it is likely that the state or tribal response program are not condition placed on their FY18
FY18 states and tribal individual eligible for inclusion in the PPG. cooperative agreement that prohibits the
funding amounts will be less than the G. Project Period drawdown of FY18 funds until the
FY17 individual funding amounts. public record requirement is met).
EPA regional offices will determine
C. Define the State or Tribal Response the project period for each cooperative J. Demonstration of Significant
Program agreement. These may be for multiple Utilization of Prior Years’ Funding
States and tribes must define in their years depending on the regional office’s States and tribes should be aware that
work plan the ‘‘section 128(a) response cooperative agreement policies. Each EPA and its Congressional
program(s)’’ to which the funds will be cooperative agreement must have an appropriations committees place
applied, and may designate a annual budget period tied to an annual significant emphasis on the utilization
component of the state or tribe that will work plan. While not prohibited, pre- of prior years’ funding. Unused funds
be EPA’s primary point of contact. award costs are subject to 40 CFR 35.113 prior to FY17 will be considered in the
When EPA funds the section 128(a) and 40 CFR 35.513. allocation process. Existing balances of
cooperative agreement, states and tribes H. Demonstrating the Four Elements cooperative agreement funds as
may distribute these funds among the reflected in EPA’s Financial Data
appropriate state and tribal agencies that As part of the annual work plan Warehouse as of January 1, 2018 may
are part of the section 128(a) response negotiation process, states or tribes that result in an allocation amount below a
do not have VRP MOAs must recipient’s FY17 allocation amount or, if
program. This distribution must be
demonstrate that their program appropriate the deobligation and
clearly outlined in their annual work
includes, or is taking reasonable steps to reallocation of prior funding by EPA
plan.
include, the four elements described in Regions as provided for in 40 CFR
D. Separate Cooperative Agreements for Section V. EPA will not fund state or 35.118 and 40 CFR 35.518.
the Capitalization of RLFs Using Section tribal response program annual work EPA Regional staff will review EPA’s
128(a) Funds plans if EPA determines that these Financial Database Warehouse to
If a portion of the section 128(a) grant elements are not met or reasonable identify the amount of remaining prior
funds requested will be used to progress is not being made. EPA may year(s) funds. The requestor should
capitalize a revolving loan fund for base this determination on the work, as early as possible, with both
cleanup, pursuant to section 104(k)(3), information the state or tribe provides to their own finance department, and with
two separate cooperative agreements support its work plan, on progress their Regional Project Officer to
must be awarded (i.e., one for the RLF reports, or on EPA’s review of the state reconcile any discrepancy between the
and one for non-RLF uses). States and or tribal response program. amount of unspent funds showing in
tribes must, however, submit one initial I. Establishing and Maintaining the EPA’s system, and the amount reflected
request for funding, delineating the RLF Public Record in the recipient’s records. The recipient
as a proposed use. Section 128(a) funds should obtain concurrence from the
Prior to funding a state’s or tribe’s
used to capitalize an RLF are not Region on the amount of unspent funds
annual work plan, EPA regional offices
asabaliauskas on DSKBBXCHB2PROD with NOTICES

eligible for inclusion into a Performance requiring justification by the deadline
will verify and document that a public
Partnership Grant (PPG). for this request for funding.
record, as described in Section VI and
E. Authority To Manage a Revolving below, exists and is being maintained.15 K. Allocation System and Process for
Loan Fund Program Specifically for: Distribution of Funds
If a state or tribe chooses to use its 15 For purposes of 128(a) funding, the state’s or
After the December 15, 2017, request
section 128(a) funds to capitalize a tribe’s public record applies to that state’s or tribe’s
deadline, EPA’s Regional Offices will
revolving loan fund program, the state response program(s) that utilized the section 128(a) submit summaries of state and tribal
or tribe must have the lead authority to funding. requests to EPA Headquarters. Before

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44624 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

4. Use of Funds manage assistance agreement funds work-plan in a timely manner. The
efficiently and effectively, and make assistance agreement will include terms
An applicant that receives an award sufficient progress towards completing and conditions related to implementing
under this announcement is expected to the project activities described in the this requirement.

REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS
Region State Tribal

1. CT, ME, MA, James Byrne, 5 Post Office Square, Suite 100 (OSRR07–2), AmyJean McKeown, 5 Post Office Square, Suite 100
NH, RI, VT. Boston, MA 02109–3912, Phone (617) 918–1389 Fax (617) (OSRR07–2), Boston, MA 02109–3912, Phone (617) 918–
918–1294. 1248 Fax (617) 918–1294.
2. NJ, NY, PR, John Struble, 290 Broadway, 18th Floor, New York, NY Phillip Clappin, 290 Broadway, 18th Floor, New York, NY
VI. 10007–1866, Phone (212) 637–4291 Fax (212) 637–3083. 10007–1866, Phone (212) 637–4431 Fax (212) 637–3083.
3. DE, DC, MD, Michael Taurino, 1650 Arch Street (3HS51), Philadelphia, PA
PA, VA, WV. 19103, Phone (215) 814–3371 Fax (215) 814–3274.
4. AL, FL, GA, Cindy Nolan, 61 Forsyth Street SW., 10th Fl (9T25), Atlanta, Olga Perry, 61 Forsyth Street SW., 10th Fl (9T25), Atlanta,
KY, MS, NC, GA 30303–8960, Phone (404) 562–8425 Fax (404) 562– GA 30303–8960, Phone (404) 562–8534 Fax (404) 562–
SC, TN. 8788. 8788.
5. IL, IN, MI, Jan Pels, 77 West Jackson Boulevard (SB–5J), Chicago, IL Kirstin Kuenzi, 77 West Jackson Boulevard (SB–5J), Chi-
MN, OH, WI. 60604–3507, Phone (312) 886–3009 Fax (312) 692–2161. cago, IL 60604–3507, Phone (312) 886–6015 Fax (312)
697–2075.
6. AR, LA, NM, Amber Howard, 1445 Ross Avenue, Suite 1200 (6SF), Dal- Freda Hardaway, 1445 Ross Avenue, Suite 1200 (6SF), Dal-
OK, TX. las, TX 75202–2733, Phone (214) 665–3172 Fax (214) las, TX 75202–2733, Phone (214) 665–8342 Fax (214)
665–6660. 665–6660.
7. IA, KS, MO, Susan Klein, 11201 Renner Boulevard (SUPRSTAR), Jennifer Morris, 11201 Renner Boulevard (SUPRSTAR),
NE. Lenexa, KS 66219, Phone (913) 551–7786 Fax (913) 551– Lenexa, KS 66219, Phone (913) 551–7341 Fax (913) 551–
9786. 9341.
8. CO, MT, ND, Christina Wilson, 1595 Wynkoop Street (EPR–AR), Denver, Melisa Devincenzi, 1595 Wynkoop Street (EPR–AR), Denver,
SD, UT, WY. CO 80202–1129, Phone (303) 312–6706 Fax (303) 312– CO 80202–1129, Phone (303) 312–6377 Fax (303) 312–
6065. 6962.
9. AZ, CA, HI, Eugenia Chow, 75 Hawthorne St. (SFD–6–1), San Francisco, Jose Garcia, Jr., 600 Wilshire Blvd, Suite 1460, Los Angeles,
NV, AS, GU, CA 94105, Phone (415) 972–3160 Fax (415) 947–3520. CA 90017, Phone (213) 244–1811 Fax (213) 244–1850.
MP.
10. AK, ID, OR, Mary K. Goolie, 222 West 7th Avenue #19 (AOO), Anchor- Mary K. Goolie, 222 West 7th Avenue #19 (AOO), Anchor-
WA. age, AK 99513 Phone (907) 271–3414 Fax (907) 271– age, AK 99513 Phone (907) 271–3414 Fax (907) 271–
3424. 3424.

XI. Statutory and Executive Order FR 28355, May 22, 2001) or Executive Dated: September 1, 2017.
Reviews Order 13045, entitled Protection of David R. Lloyd,
Under Executive Order 12866 (58 FR Children from Environmental Health Director, Office of Brownfields and Land
51735, October 4, 1993), this action is Risks and Safety Risks (62 FR 19885, Revitalization, Office of Land and Emergency
April 23, 1997). This action does not Management.
not a ‘‘significant regulatory action’’ and
is therefore not subject to review under contain any information collections [FR Doc. 2017–20436 Filed 9–22–17; 8:45 am]
Executive Orders 12866 and 13563 (76 subject to OMB approval under the BILLING CODE 6560–50–P

FR 3821, January 21, 2011). Because this Paperwork Reduction Act (PRA), 44
action is not subject to notice and U.S.C. 3501 et seq., nor does it require
comment requirements under the any special considerations under FEDERAL RESERVE SYSTEM
Administrative Procedures Act or any Executive Order 12898, entitled Federal
other statute, it is not subject to the Formations of, Acquisitions by, and
Actions to Address Environmental Mergers of Bank Holding Companies
Regulatory Flexibility Act (5 U.S.C. 601 Justice in Minority Populations and
et seq.) or Sections 202 and 205 of the Low-Income Populations (59 FR 7629, The companies listed in this notice
Unfunded Mandates Reform Act of 1999 February 16, 1994). This action does not have applied to the Board for approval,
(UMRA) (Pub. L. 104–4). In addition, involve technical standards; thus, the pursuant to the Bank Holding Company
this action does not significantly or Act of 1956 (12 U.S.C. 1841 et seq.)
requirements of Section 12(d) of the
uniquely affect small governments. This (BHC Act), Regulation Y (12 CFR part
National Technology Transfer and
action does not create new binding legal 225), and all other applicable statutes
Advancement Act of 1995 (15 U.S.C.
requirements that substantially and and regulations to become a bank
directly affect Tribes under Executive 272 note) do not apply. The
holding company and/or to acquire the
Order 13175 (63 FR 67249, November 9, Congressional Review Act, 5 U.S.C. 801
assets or the ownership of, control of, or
2000). This action does not have et seq., generally provides that before the power to vote shares of a bank or
certain actions may take effect, the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

significant Federalism implications bank holding company and all of the
under Executive Order 13132 (64 FR agency promulgating the action must banks and nonbanking companies
43255, August 10, 1999). Because this submit a report, which includes a copy owned by the bank holding company,
action has been exempted from review of the action, to each House of the including the companies listed below.
under Executive Order 12866, this Congress and to the Comptroller General The applications listed below, as well
action is not subject to Executive Order of the United States. Because this final as other related filings required by the
13211, entitled Actions Concerning action does not contain legally binding Board, are available for immediate
Regulations That Significantly Affect requirements, it is not subject to the inspection at the Federal Reserve Bank
Energy Supply, Distribution, or Use (66 Congressional Review Act. indicated. The applications will also be

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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 applicable as of October 15, 2017. EPA expects to make non-competitive grant awards to states and tribes which apply during fiscal year 2018.
Contact		EPA's Office of Land and Emergency Management, Office of Brownfields and Land Revitalization, (202) 566- 2745 or the applicable EPA Regional Office listed at the end this Notice.
FR Citation		82 FR 44615