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[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73388-73397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25770]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9954-44-OLEM]

Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding 
Guidance for State and Tribal Response Programs for FY2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will accept 
requests, from November 1, 2016 through December 31, 2016, for grants 
to establish and enhance State and Tribal Response Programs. This 
notice provides guidance on eligibility for funding, use of funding, 
grant mechanisms and process for awarding funding, the allocation 
system for distribution of funding, and terms and reporting under these 
grants. EPA has consulted with state and tribal officials in developing 
this guidance.
    The primary goal of this funding is to ensure that state and tribal 
response programs include, or are taking reasonable steps to include, 
certain elements of a response program and establishing a public 
record. Another goal is to provide funding for other activities that 
increase the number of response actions conducted or overseen by a 
state or tribal response program. This funding is not intended to 
supplant current state or tribal funding for their response programs. 
Instead, it is to supplement their funding to increase their response 
capacity.
    For fiscal year 2017, EPA will consider funding requests up to a 
maximum of $1.0 million per state or tribe. Subject to the availability 
of funds, EPA regional personnel will be available to provide technical 
assistance to states and tribes as they apply for and carry out these 
grants.

DATES: This action is effective as of November 1, 2016. EPA expects to 
make non-competitive grant awards to states and tribes which apply 
during fiscal year 2017.

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

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

SUPPLEMENTARY INFORMATION: 

I. General Information

    Section 128(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), as amended, authorizes a 
noncompetitive $50 million grant program to establish and enhance state 
\1\ and tribal \2\ response programs. CERCLA section 128(a) response 
program grants are funded with categorical \3\ State and Tribal 
Assistance Grant (STAG) appropriations. Section 128(a) cooperative 
agreements are awarded and administered by the EPA regional offices. 
Generally, these response programs address the assessment, cleanup, and 
redevelopment of brownfields sites and other sites with actual or 
perceived contamination. This document provides guidance that will 
enable states and tribes to apply for and use Fiscal Year 2016 section 
128(a) funds.\4\
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    \1\ The term ``state'' is defined in this document as defined in 
CERCLA section 101(27).
    \2\ The term ``Indian tribe'' is defined in this document as it 
is defined in CERCLA section 101(36). Intertribal consortia, as 
defined in the Federal Register Notice at 67 FR 67181, Nov. 4, 2002, 
are also eligible for funding under CERCLA section 128(a).
    \3\ Categorical grants are issued by the U.S. Congress to fund 
state and local governments for narrowly defined purposes.
    \4\ The Agency may waive any provision of this guidance that is 
not required by statute, regulation, Executive Order or overriding 
Agency policies.
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    The Catalogue of Federal Domestic Assistance entry for the section 
128(a) State and Tribal Response Program cooperative agreements is 
66.817. This grant program is eligible to be included in state and 
tribal Performance Partnership Grants under 40 CFR part 35 Subparts A 
and B, with the exception of funds used to capitalize a revolving loan 
fund for brownfield remediation under section 104(k)(3); or purchase 
environmental insurance or developing a risk sharing pool, an indemnity 
pool, or insurance mechanism to provide financing for response actions 
under a State or Tribal response program.
    Requests for funding will be accepted from November 1, 2016 through 
December 31, 2016. Requests EPA receives after December 31, 2016 will 
not be considered for FY2017 funding. Information that must be 
submitted with the funding request is listed in Section IX of this 
guidance. States or tribes that do not submit the request in the 
appropriate manner may forfeit their ability to receive funds. First 
time requestors are strongly encouraged to

[[Page 73389]]

contact their Regional EPA Brownfields contacts, listed at the end of 
this guidance, prior to submitting their funding request. EPA will 
consider funding requests up to a maximum of $1.0 million per state or 
tribe for FY2017.
    Requests submitted by the December 31, 2016 request deadline are 
preliminary; final cooperative agreement work plans and budgets will be 
negotiated with the regional offices once final funding allocation 
determinations are made. As in previous years, EPA will place special 
emphasis on reviewing a cooperative agreement recipient's use of prior 
section 128(a) funding in making allocation decisions and unexpended 
balances are subject to 40 CFR 35.118 and 40 CFR 35.518 to the extent 
consistent with this guidance. Also, EPA will prioritize funding for 
recipients establishing their response programs.
    States and tribes requesting funds are required to provide a Dun 
and Bradstreet Data Universal Numbering System (DUNS) number with their 
cooperative agreement's final package. For more information, please go 
to www.grants.gov.

II. Background

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

III. Eligibility for Funding

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

IV. Matching Funds/Cost-Share

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

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

    Section 128(a) recipients that do not have a VRP MOA with EPA must 
demonstrate that their response program includes, or is taking 
reasonable steps to include, the four elements described below. 
Achievement of the four elements should be viewed as a priority. 
Section 128(a) authorizes funding for activities necessary to establish 
and enhance the four elements, and to establish and maintain the public 
record requirement.
    The four elements of a response program are described below:
    1. Timely survey and inventory of brownfield sites in state or 
tribal land. The goal for this element is to enable the state or tribe 
to establish or enhance a system or process that will provide a 
reasonable estimate of the number, likely locations, and the general 
characteristics of brownfields sites in their state or tribal lands.
    EPA recognizes the varied scope of state and tribal response 
programs and will not require states and tribes to develop a ``list'' 
of brownfield sites. However, at a minimum, the state or tribe should 
develop and/or maintain a system or process that can provide a 
reasonable estimate of the number, likely location, and general 
characteristics of brownfield sites within their state or tribal lands. 
Inventories should evolve to a prioritization of sites based on 
community needs, planning priorities, and protection of human health 
and the environment. Inventories should be developed in direct 
coordination with communities, and particular attention should focus on 
communities with limited capacity to compete for and manage a 
competitive brownfield assessment, revolving loan, or cleanup 
cooperative agreement.
    Given funding limitations, EPA will negotiate work plans with 
states and tribes to achieve this goal efficiently and effectively, and 
within a realistic time frame. For example, many of EPA's Brownfields 
Assessment cooperative agreement recipients conduct inventories of 
brownfields sites in their communities or jurisdictions. EPA encourages 
states and tribes to work with these cooperative agreement recipients 
to obtain the information that they have gathered and include it in 
their survey and inventory.
    2. Oversight and enforcement authorities or other mechanisms and 
resources. The goal for this element is to have state and tribal 
response programs that include oversight and enforcement authorities or 
other mechanisms, and resources to ensure that:
    a. A response action will protect human health and the environment, 
and be conducted in accordance with applicable laws; and
    b. the state or tribe will complete the necessary response 
activities if the person conducting the response fails to complete them 
(this includes operation and maintenance and/or long-term monitoring 
activities).
    3. Mechanisms and resources to provide meaningful opportunities for 
public participation.\7\ The goal for this element is to have states 
and tribes include in their response program mechanisms and resources 
for meaningful public participation, at the local level, including, at 
a minimum:
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    \7\ States and tribes establishing this element may find useful 
information on public participation on EPA's community involvement 
Web site at https://www.epa.gov/superfund/superfund-community-involvement.

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[[Page 73390]]

    a. Public access to documents and related materials that a state, 
tribe, or party conducting the cleanup is relying on or developing to 
make cleanup decisions or conduct site activities;
    b. prior notice and opportunity for meaningful public comment on 
cleanup plans and site activities, including the input into the 
prioritization of sites; and
    c. a mechanism by which a person who is, or may be, affected by a 
release or threatened release of a hazardous substance, pollutant, or 
contaminant at a brownfield site--located in the community in which the 
person works or resides--may request that a site assessment be 
conducted. The appropriate state or tribal official must consider this 
request and appropriately respond.
    4. Mechanisms for approval of cleanup plans, and verification and 
certification that cleanup is complete. The goal for this element is to 
have states and tribes include in their response program mechanisms to 
approve cleanup plans and to verify that response actions are complete, 
including a requirement for certification or similar documentation from 
the state, the tribe, or a licensed site professional that the response 
action is complete. Written approval by a state or tribal response 
program official of a proposed cleanup plan is an example of an 
approval mechanism.

VI. Public Record Requirement

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

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

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

B. Making the Public Record Easily Accessible

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

C. Long-Term Maintenance of the Public Record

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

A. Overview

    Section 128(a)(1)(B) describes the eligible uses of cooperative 
agreement funds by states and tribes. In general, a state or tribe may 
use funding to ``establish or enhance'' its response program. 
Specifically, a state or tribe may use cooperative agreement funds to 
build response programs that include the four elements outline in 
section 128(a)(2). Eligible activities include, but are not limited to, 
the following:
     Developing legislation, regulations, procedures, 
ordinances, guidance, etc. that establish or enhance the administrative 
and legal structure of a response program;
     establishing and maintaining the required public record 
described in Section VI of this guidance;
     operation, maintenance and long-term monitoring of 
institutional controls and engineering controls;
     conducting site-specific activities, such as assessment or 
cleanup, provided such activities establish and/or enhance the response 
program and are tied to the four elements. In addition to the 
requirement under CERCLA section 128(a)(2)(C)(ii) to provide for public 
comment on cleanup plans and site activities, EPA strongly encourages 
states and tribes to seek public input regarding the priority of sites 
to be addressed-especially from local communities with health risks 
related to exposure to hazardous waste or other public health concerns, 
those in economically disadvantaged or remote areas, and those with 
limited experience working with government agencies. EPA will not 
provide section 128(a) funds solely for assessment or cleanup of

[[Page 73391]]

specific brownfield sites; site-specific activities must be part of an 
overall section 128(a) work plan that includes funding for other 
activities that establish or enhance the four elements;
     capitalizing a revolving loan fund (RLF) for brownfields 
cleanup as authorized under CERCLA section 104(k)(3). These RLFs are 
subject to the same statutory requirements and cooperative agreement 
terms and conditions applicable to RLFs awarded under section 
104(k)(3). Requirements include a 20 percent match (in the form of 
money, labor, material, or services from a non-federal source) on the 
amount of section 128(a) funds used for the RLF, a prohibition on using 
EPA cooperative agreement funds for administrative costs relating to 
the RLF, and a prohibition on using RLF loans or subgrants for response 
costs at a site for which the recipient may be potentially liable under 
section 107 of CERCLA. Other prohibitions relevant to CERCLA section 
104(k)(4) also apply; and
     purchasing environmental insurance or developing a risk-
sharing pool, indemnity pool, or insurance mechanism to provide 
financing for response actions under a state or tribal response 
program.

B. Uses Related To Establishing a State or Tribal Response Program

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

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

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

1. Eligible Uses of Funds for Site-Specific Activities
    Site-specific assessment and cleanup activities should establish 
and/or enhance the response program and be tied to the four elements. 
Site-specific assessments and cleanups can be both eligible and 
allowable if the activities is included in the work plan negotiated 
between the EPA regional office and the state or tribe, but activities 
must comply with all applicable laws and are subject to the following 
restrictions:
    a. Section 128(a) funds can only be used for assessments or 
cleanups at sites that meet the definition of a brownfields site at 
CERCLA section 101(39). EPA encourages states and tribes to use site-
specific funding to perform assessment (e.g., phase I, phase II, 
supplemental assessments and cleanup planning) and cleanup activities 
that will expedite the reuse and redevelopment of sites, particularly 
those located in distressed, environmental justice, rural or tribal 
communities. Furthermore, states and tribes that perform site-specific 
activities should plan to directly engage with and involve affected 
communities. For example, a Community Relations Plan (CRP) could be 
developed to provide reasonable notice about a planned cleanup, as well 
as opportunities for the public to comment on the cleanup. States and 
tribes should work towards securing additional funding for site-
specific activities by leveraging resources from other sources such as 
businesses, non-profit organizations, education and training providers, 
and/or federal, state, tribal, and local governments;
    b. absent EPA approval, no more than $200,000 per site assessment 
can be funded with section 128(a) funds, and no more than $200,000 per 
site cleanup can be funded with section 128(a) funds;
    c. absent EPA approval, the state/tribe may not use funds awarded 
under this agreement to assess and/or clean up sites owned or operated 
by the recipient or held in trust by the United States Government for 
the recipient; and
    d. assessments and cleanups cannot be conducted at sites where the 
state/tribe is a potentially responsible party pursuant to CERCLA 
section 107, except:
     At brownfield sites contaminated by a controlled substance 
as defined in CERCLA section 101(39)(D)(ii)(I); or
     when the recipient would satisfy all of the elements set 
forth in CERCLA section 101(40) to qualify as a bona fide prospective 
purchaser except in cases where the date of acquisition of the property 
was on or before January 11, 2002.
    Subawards are defined at 2 CFR 200.92 and may not be awarded to 
for-profit organizations. If the recipient plans on making any 
subawards under the cooperative agreement then they become a pass-
through entity. As the pass-through entity, the recipient must report 
on its subaward monitoring activities under 2 CFR 200.331(d). 
Additional reporting requirements for these activities will be included 
in the cooperative agreement. In addition, subawards cannot be provided 
to entities that may be potentially responsible parties (pursuant to 
CERCLA section 107) at the site for which the assessment or cleanup

[[Page 73392]]

activities are proposed to be conducted, except:
    1. At brownfields sites contaminated by a controlled substance as 
defined in CERCLA section 101(39)(D)(ii)(I); or
    2. when the recipient would satisfy all of the elements set forth 
in CERCLA section 101(40) to qualify as a bona fide prospective 
purchaser except in cases where the date of acquisition of the property 
was on or before January 11, 2002.
2. Limitations on the Amount of Funds Used for Site-Specific Activities 
and Waiver Process
    States and tribes may use section 128(a) funds for site-specific 
activities that improve state or tribal capacity but the amount 
recipients may request for site-specific assessments and cleanups may 
not exceed 50% of the total amount of funding.\13\ In order to exceed 
the 50% site-specific funding limit, a state or tribe must submit a 
waiver request. The total amount of the site-specific request may not 
exceed the recipient's total funding level for the previous year. The 
funding request must include a brief justification describing the 
reason(s) for spending more than 50% of an annual allocation on site-
specific activities. An applicant, when requesting a waiver, must 
include the following information in the written justification:
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    \13\ Oversight of assessment and cleanup activities performed by 
responsible parties (other than the state or tribe) does not count 
toward the 50% limit.
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     Total amount requested for site-specific activities;
     percentage of the site-specific activities (assuming 
waiver is approved) in the total budget;
     site-specific activities that will be covered by this 
funding. If known, provide site specific information and describe how 
work on each site contributes to the development or enhancement of your 
state/tribal site response program. EPA recognizes the role of response 
programs to develop and provide capacity in distressed, environmental 
justice, rural or tribal communities, and encourages prioritization for 
site-specific activities in those communities. Further explain how the 
community will be (or has been) involved in prioritization of site work 
and especially those sites where there is a potential or known 
significant environmental impact to the community;
     an explanation of how this shift in funding will not 
negatively impact the core programmatic capacity (i.e., the ability to 
establish/enhance the four required elements of a response program) and 
how the core program activities will be maintained in spite of an 
increase in site-specific work. Recipients must demonstrate that they 
have adequate funding from other sources to effectively carry out work 
on the four elements for EPA to grant a waiver of the 50% limit on 
using 128(a) funds for site-specific activities; and
     an explanation as to whether the sites to be addressed are 
those for which the affected community(ies) has requested work be 
conducted (refer to Section VII.A Overview of Funding for more 
information).
    EPA Headquarters will review waiver requests based on the 
information in the justification and other information available to the 
Agency. EPA will inform recipients whether the waiver is approved.
3. Uses Related to Site-Specific Activities at Petroleum Brownfield 
Sites
    States and tribes may use section 128(a) funds for activities that 
establish and enhance response programs addressing petroleum brownfield 
sites. Subject to the restrictions listed above (see Section VII.D.1) 
for all site-specific activities, the costs of site-specific 
assessments and cleanup activities at petroleum contaminated brownfield 
sites defined in CERCLA section 101(39)(D)(ii)(II), are both eligible 
and allowable if the activity is included in the work plan negotiated 
between the EPA regional office and the state or tribe. Section 128(a) 
funds used to capitalize a Brownfields RLF may be used at brownfield 
sites contaminated by petroleum to the extent allowed under CERCLA 
section 104(k)(3).
4. Additional Examples of Eligible Site-Specific Activities
    Other eligible uses of funds for site-specific related include, but 
are not limited to, the following activities:
     Technical assistance to federal brownfields cooperative 
agreement recipients;
     development and/or review of quality assurance project 
plans (QAPPs); and
     entering data into the Assessment Cleanup and 
Redevelopment Exchange System (ACRES) database

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

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

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

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

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

B. Maximum Funding Request

    For Fiscal Year 2017, EPA will consider funding requests up to a 
maximum of $1.0 million per state or tribe. Please note the CERCLA 
128(a) program's annual budget has remained relatively the same since 
2003 while demand has increased over time. Due to the increasing number 
of entities requesting funding, it is likely that the FY17 states and 
tribal individual funding amounts will be less than the FY16 individual 
funding amounts.

[[Page 73393]]

C. Define the State or Tribal Response Program

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

D. Separate Cooperative Agreements for the Capitalization of RLFS Using 
Section 128(A) Funds

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

E. Authority To Manage a Revolving Loan Fund Program

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

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

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

G. Project Period

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

H. Demonstrating the Four Elements

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

I. Establishing and Maintaining the Public Record

    Prior to funding a state's or tribe's annual work plan, EPA 
regional offices will verify and document that a public record, as 
described in Section VI and below, exists and is being maintained.\15\ 
Specifically for:
---------------------------------------------------------------------------

    \15\ For purposes of 128(a) funding, the state's or tribe's 
public record applies to that state's or tribe's response program(s) 
that utilized the section 128(a) funding.
---------------------------------------------------------------------------

     States or tribes that received initial funding prior to 
FY16: Requests for FY17 funds will not be accepted from states or 
tribes that fail to demonstrate, by the December 31, 2016 request 
deadline, that they established and are maintaining a public record. 
(Note, this would potentially impact any state or tribe that had a term 
and condition placed on their FY16 cooperative agreement that 
prohibited drawdown of FY16 funds prior to meeting the public record 
requirement). States or tribes in this situation will not be prevented 
from drawing down their prior year funds once the public record 
requirement is met; and
     states or tribes that received initial funding in FY16: By 
the time of the actual FY17 award, the state or tribe must demonstrate 
that they established and maintained the public record (those states 
and tribes that do not meet this requirement will have a term and 
condition placed on their FY17 cooperative agreement that prohibits the 
drawdown of FY17 funds until the public record requirement is met).

J. Demonstration of Significant Utilization of Prior Years' Funding

    States and tribes should be aware that EPA and its Congressional 
appropriations committees place significant emphasis on the utilization 
of prior years' funding. Unused funds prior to FY16 will be considered 
in the allocation process. Existing balances of cooperative agreement 
funds as reflected in EPA's Financial Data Warehouse may result in an 
allocation amount below a recipient's request for funding or, if 
appropriate deobligation and reallocation by EPA Regions as provided 
for in 40 CFR 35.118 and 40 CFR 35.518.
    EPA Regional staff will review EPA's Financial Database Warehouse 
to identify the amount of remaining prior year(s) funds. The requestor 
should work, as early as possible, with both their own finance 
department, and with their Regional Project Officer to reconcile any 
discrepancy between the amount of unspent funds showing in EPA's 
system, and the amount reflected in the recipient's records. The 
recipient should obtain concurrence from the Region on the amount of 
unspent funds requiring justification by the deadline for this request 
for funding.

K. Allocation System and Process for Distribution of Funds

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

[[Page 73394]]

[GRAPHIC] [TIFF OMITTED] TN25OC16.323

IX. Information To Be Submitted With the Funding Request

A. Summary of Planned Use of FY17 Funding

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

X. Terms and Reporting

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

A. Progress Reports

    In accordance with 2 CFR 200.328 and any EPA specific regulations, 
state and tribes must provide progress reports meeting the terms and 
conditions of the cooperative agreement negotiated. State and tribal 
costs for complying with reporting requirements are an eligible expense 
under the section 128(a) cooperative agreement. As a minimum, state or 
tribal progress reports must include both a narrative discussion and 
performance data relating to the state or tribe accomplishments and 
environmental outputs associated with the approved budget and work 
plan. Reports should also provide an accounting of section 128(a) 
funding. If applicable, the state or tribe must include information on 
activities related to establishing or enhancing the four elements of 
the state's or tribe's response program. All recipients must provide 
information related to establishing or, if already established, 
maintaining the public record. Depending upon the activities included 
in the state's or tribe's work plan, the recipient may also need to 
report on the following:
    1. Interim and final progress reports. Reports must prominently 
display the following information as reflected in the current EPA 
strategic plan: Strategic Plan Goal 3: Cleaning Up Communities and 
Advancing Sustainable Development; Strategic Plan Objective 3.1: 
Promote Sustainable and Livable Communities; and Work plan Commitments 
and Timeframes. EPA's

[[Page 73395]]

strategic plan can be found on the internet at http://www.epa.gov/planandbudget/strategicplan.html.
    2. Reporting for Non-MOA states and tribes. All recipients without 
a VRP MOA must report activities related to establishing or enhancing 
the four elements of the state's or tribe's response program. For each 
element state/tribes must report how they are maintaining the element 
or how they are taking reasonable steps to establish or enhance the 
element as negotiated in individual state/tribal work plans. For 
example, pursuant to CERCLA section 128(a)(2)(B), reports on the 
oversight and enforcement authorities/mechanisms element may include:
     A narrative description and copies of applicable documents 
developed or under development to enable the response program to 
conduct enforcement and oversight at sites. For example:
    [cir] Legal authorities and mechanisms (e.g., statutes, 
regulations, orders, agreements); and
    [cir] policies and procedures to implement legal authorities; and 
other mechanisms;
     a description of the resources and staff allocated/to be 
allocated to the response program to conduct oversight and enforcement 
at sites as a result of the cooperative agreement;
     a narrative description of how these authorities or other 
mechanisms, and resources, are adequate to ensure that:
    [cir] a response action will protect human health and the 
environment; and be conducted in accordance with applicable federal and 
state law; and if the person conducting the response action fails to 
complete the necessary response activities, including operation and 
maintenance or long-term monitoring activities, the necessary response 
activities are completed; and
     a narrative description and copy of appropriate documents 
demonstrating the exercise of oversight and enforcement authorities by 
the response program at a brownfields site.
    3. Reporting for site-specific assessment or cleanup activities. 
Recipients with work plans that include funding for brownfields site 
assessment or cleanup must input information required by the OMB-
approved Property Profile Form into the ACRES database for each site 
assessment and cleanup. In addition, recipients must report how they 
provide the affected community with prior notice and opportunity for 
meaningful participation as per CERCLA section 128(a)(2)(C)(ii), on 
proposed cleanup plans and site activities. For example, EPA strongly 
encourages states and tribes to seek public input regarding the 
priority of sites to be addressed and to solicit input from local 
communities, especially potential environmental justice communities, 
communities with a health risk related to exposure to hazardous waste 
or other public health concerns, economically disadvantaged or remote 
communities, and communities with limited experience working with 
government agencies.
    4. Reporting for other site-specific activities. Recipients with 
work plans that include funding for other site-specific related 
activities must include a description of the site-specific activities 
and the number of sites at which the activity was conducted. For 
example:
     Number and frequency of oversight audits of licensed site 
professional certified cleanups;
     number and frequency of state/tribal oversight audits 
conducted;
     number of sites where staff conducted audits, provided 
technical assistance, or conducted other oversight activities; and
     number of staff conducting oversight audits, providing 
technical assistance, or conducting other oversight activities.
    5. Reporting required when using funding for an RLF. Recipients 
with work plans that include funding for a revolving loan fund must 
include the information required by the terms and conditions for 
progress reporting under CERCLA section 104(k)(3) RLF cooperative 
agreements.
    6. Reporting environmental insurance. Recipients with work plans 
that include funding for environmental insurance must report:
     Number and description of insurance policies purchased 
(e.g., name of insurer, type of coverage provided, dollar limits of 
coverage, any buffers or deductibles, category and identity of insured 
persons, premium, first dollar or umbrella, whether site specific or 
blanket, occurrence or claims made, etc.);
     the number of sites covered by the insurance;
     the amount of funds spent on environmental insurance 
(e.g., amount dedicated to insurance program, or to insurance 
premiums); and
     the amount of claims paid by insurers to policy holders.
    The regional offices may also request that information be added to 
the progress reports, as appropriate, to properly document activities 
described by the cooperative agreement work plan.
    EPA regions may allow states or tribes to provide performance data 
in appropriate electronic format.
    The regional offices will forward progress reports to EPA 
Headquarters, if requested. This information may be used to develop 
national reports on the outcomes of CERCLA section 128(a) funding to 
states and tribes.

B. Reporting of Program Activity Levels

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

__Brownfields
__Underground Storage Tanks/Leaking Underground Storage Tanks
__Federal Facilities
__Solid Waste
__Superfund
__Hazardous Waste Facilities
__VCP (Voluntary Cleanup Program, Independent Cleanup Program, etc.)
__Other________;

     number of properties (or sites) enrolled in a response 
program during FY16;
     number of properties (or sites) where documentation 
indicates that cleanup work is complete and all required institutional 
controls (IC's) are in place, or not required;
     total number of acres associated with properties (or 
sites) in the previous bullet;
     number of properties where assistance was provided, but 
the property was not enrolled in the response program (OPTIONAL);
     date that the public record was last updated;
     Estimated total number of properties (or sites) in your 
brownfields inventory;
     Number of audits/inspections/reviews/other conducted to 
ensure engineering controls and institutional controls are still 
protective; and
     Did you develop or revise legislation, regulations, codes, 
guidance documents or policies related to establishing or enhancing 
your Voluntary Cleanup Program/Response Program during FY16? If yes, 
please indicate the type and whether it was new or revised.
    EPA may require states/tribes to report specific performance 
measures related to the four elements that can be aggregated for 
national reporting to Congress.

[[Page 73396]]

C. Reporting of Public Record

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

D. Award Administration Information

1. Subaward and Executive Compensation Reporting
    Applicants must ensure that they have the necessary processes and 
systems in place to comply with the subaward and executive total 
compensation reporting requirements established under OMB guidance at 2 
CFR part 170, unless they qualify for an exception from the 
requirements, should they be selected for funding.
2. System for Award Management (SAM) and Data Universal Numbering 
System (DUNS) Requirements
    Unless exempt from these requirements under OMB guidance at 2 CFR 
part 25 (e.g., individuals), applicants must:
    1. Be registered in SAM prior to submitting an application or 
proposal under this announcement. SAM information can be found at 
https://www.sam.gov/portal/public/SAM/;
    2. Maintain an active SAM registration with current information at 
all times during which they have an active federal award or an 
application or proposal under consideration by an agency; and
    3. Provide their DUNS number in each application or proposal 
submitted to the agency. Applicants can receive a DUNS number, at no 
cost, by calling the dedicated toll-free DUNS Number request line at 1-
866-705-5711, or visiting the D&B Web site at: http://www.dnb.com.
    If an applicant fails to comply with these requirements, it will 
affect their ability to receive the award.
    Please note that the Central Contractor Registration (CCR) system 
has been replaced by the System for Award Management (SAM). To learn 
more about SAM, go to SAM.gov or https://www.sam.gov/portal/public/SAM/.
3. Submitting an Application via Grants.gov
    If funding is provided it will be provided through a cooperative 
agreement award. All cooperative agreement applications for non-
competitive assistance agreements must be submitted using Grants.gov. 
Below is the information that the applicant will use to submit their 
State and Tribal Response Program Grant applications via Grants.gov:
    CDFA number: 66.817.
    Funding Opportunity Number (FON): EPA-CEP-02.
    To learn more about the Grants.gov submission requirements, go to 
http://www.epa.gov/ogd/grants_gov_submission_requirement.htm.
4. Use of Funds
    An applicant that receives an award under this announcement is 
expected to manage assistance agreement funds efficiently and 
effectively, and make sufficient progress towards completing the 
project activities described in the work-plan in a timely manner. The 
assistance agreement will include terms and conditions related to 
implementing this requirement.

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

[[Page 73397]]

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

XI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). Because this action is not subject to notice and 
comment requirements under the Administrative Procedures Act or any 
other statute, it is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action 
does not significantly or uniquely affect small governments. This 
action does not create new binding legal requirements that 
substantially and directly affect Tribes under Executive Order 13175 
(63 FR 67249, November 9, 2000). This action does not have significant 
Federalism implications under Executive Order 13132 (64 FR 43255, 
August 10, 1999). Because this action has been exempted from review 
under Executive Order 12866, this action is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) 
or Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not contain any information collections subject 
to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 
et seq., nor does it require any special considerations under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994). This action does not involve technical standards; 
thus, the requirements of Section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides 
that before certain actions may take effect, the agency promulgating 
the action must submit a report, which includes a copy of the action, 
to each House of the Congress and to the Comptroller General of the 
United States. Because this final action does not contain legally 
binding requirements, it is not subject to the Congressional Review 
Act.

    Dated: October 13, 2016.
Gail Cooper,
Deputy Director, Office of Brownfields and Land Revitalization, Office 
of Land and Emergency Management.
[FR Doc. 2016-25770 Filed 10-24-16; 8:45 am]
 BILLING CODE 6560-50-P
```