69992 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

1The term ‘‘state’’ is defined in this document as 

defined in CERCLA Section 101(27). 

2The 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 

128(a). 

3The Agency may waive any provision of this 

guidance that is not required by statute, regulation, 

Executive Order or overriding Agency policies. 

964TH—MEETING; REGULAR MEETING—Continued 

[November 18, 2010, 10 a.m.] 

Item No. Docket No. Company 

C–2 ............... CP10–78–000 .......................... CenterPoint Energy Gas Transmission Company. 

C–3 ............... CP09–455–001 ........................

CP09–456–001 ........................

Florida Gas Transmission Company, LLC. 

Transcontinental Gas Pipe Line Company, LLC. 

Florida Gas Transmission Company, LLC. 

C–4 ............... CP10–50–001 .......................... Petal Gas Storage, L.L.C. 

Kimberly D. Bose, 

Secretary. 

A free webcast of this event is 

available through http://www.ferc.gov. 

Anyone with Internet access who 

desires to view this event can do so by 

navigating to http://www.ferc.gov’s 

Calendar of Events and locating this 

event in the Calendar. The event will 

contain a link to its webcast. The 

Capitol Connection provides technical 

support for the free webcasts. It also 

offers access to this event via television 

in the DC area and via phone bridge for 

a fee. If you have any questions, visit 

http://www.CapitolConnection.org or 

contact Danelle Springer or David 

Reininger at 703–993–3100. 

Immediately following the conclusion 

of the Commission Meeting, a press 

briefing will be held in the Commission 

Meeting Room. Members of the public 

may view this briefing in the designated 

overflow room. This statement is 

intended to notify the public that the 

press briefings that follow Commission 

meetings may now be viewed remotely 

at Commission headquarters, but will 

not be telecast through the Capitol 

Connection service. 

[FR Doc. 2010–29049 Filed 11–12–10; 4:15 pm] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9227–5] 

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 FY2011 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) will begin to accept 

requests, from December 1, 2010 

through January 31, 2011, for grants to 

supplement 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 and 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 2011, EPA will 

consider funding requests up to a 

maximum of $1.3 million per state or 

tribe. Subject to the availability of 

funds, EPA regional personnel will be 

available to provide technical assistance 

to states and tribes as they apply for and 

carry out these grants. 

DATES: This action is effective as of 

December 1, 2010. EPA expects to make 

non-competitive grant awards to states 

and tribes which apply during fiscal 

year 2011. 

ADDRESSES: Mailing addresses for U.S. 

EPA Regional Offices and U.S. EPA 

Headquarters can be located at http:// 

www.epa.gov/brownfields. 

FOR FURTHER INFORMATION CONTACT: The 

U.S. EPA’s Office of Solid Waste and 

Emergency Response, Office of 

Brownfields and Land Revitalization, 

(202) 566–2892. 

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. 

Generally, these response programs 

address the assessment, cleanup, and 

redevelopment of brownfields sites and 

other sites with actual or perceived 

contamination. Section 128(a) 

cooperative agreements are awarded and 

administered by the U.S. Environmental 

Protection Agency (EPA) regional 

offices. This document provides 

guidance that will enable states and 

tribes to apply for and use Fiscal Year 

2011 Section 128(a) funds.3

Requests for funding will be accepted 

from December 1, 2010 through January 

31, 2011. Requests received after 

January 31, 2011 will not be considered 

for FY2011 funding. Information 

required to be submitted with the 

funding request is contained in Section 

IX. States or tribes that fail to submit the 

request in the appropriate manner may 

forfeit their ability to request funds. 

First time requestors are strongly 

encouraged to contact their Regional 

Brownfields contacts listed at the end of 

Section X, prior to submitting their 

funding request. 

Requests submitted by the January 31, 

2011 request deadline are preliminary; 

final cooperative agreement work plans 

and budgets will be negotiated with the 

regional offices once final allocation 

determinations are made. As in prior 

years, EPA will place special emphasis 

on reviewing a cooperative agreement 

recipient’s use of prior 128(a) funding in 

making allocation decisions. 

States and tribes requesting funds are 

required to provide a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number with their final 

cooperative agreement package. For 

more information, please go to http:// 

www.grants.gov. 

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 

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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 69993 

4Section 128(a) was added to CERCLA in 2002 by 

the Small Business Liability Relief and Brownfields 

Revitalization Act (Brownfield Amendments). 

5The legislative history of the Brownfields 

Amendments indicates that Congress intended to 

encourage states and tribes to enter into MOAs for 

their voluntary response programs. 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. 

6States and tribes establishing this element may 

find useful information on public participation on 

EPA’s community involvement Web site at http:// 

www.epa.gov/superfund/community/policies.htm. 

Partnership Grants, with the exception 

of funds used to capitalize a revolving 

loan fund for brownfield remediation 

under section 104(k)(3); or purchase 

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. 

II. Background 

State and tribal response programs 

oversee assessment and cleanup 

activities at the majority of brownfields 

sites across the country. The depth and 

breadth of state and tribal response 

programs vary. Some focus on CERCLA 

related activities, while others are multifaceted, for example, addressing sites 

regulated by both CERCLA and the 

Resource Conservation and Recovery 

Act (RCRA). Many state programs also 

offer accompanying financial incentive 

programs to spur cleanup and 

redevelopment. In passing Section 

128(a),4 Congress recognized the 

accomplishments of state and tribal 

response programs in cleaning up and 

redeveloping brownfields sites. Section 

128(a) also provides EPA with an 

opportunity to strengthen its 

partnership with states and tribes. 

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 and establish a public record. 

The secondary 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 

program’s capacity. 

Subject to the availability of funds, 

EPA regional personnel will be available 

to provide technical assistance to states 

and tribes as they apply for and carry 

out Section 128(a) cooperative 

agreements. 

III. Eligibility for Funding 

To be eligible for funding under 

CERCLA Section 128(a), a state or tribe 

must: 

1. Demonstrate that its response 

program includes, or is taking 

reasonable steps to include, the four 

elements of a response program, 

described Section V; or be a party to 

voluntary response program 

Memorandum of Agreement (VRP 

MOA) 5 with EPA; and 

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 the Section 

128(a) funds a state or tribe uses to 

capitalize a Brownfields Revolving Loan 

Fund under CERCLA 104(k)(3). 

V. The Four Elements—Section 128(a) 

Section 128(a) recipients that do not 

have a VRP MOA with EPA must 

demonstrate that their response program 

includes, or is taking reasonable steps to 

include, the four elements. 

Achievement of the four elements 

should be viewed as a priority. Section 

128(a) authorizes funding for activities 

necessary to establish and enhance the 

four elements and to establish and 

maintain the public record requirement. 

Generally, the four elements are: 

1. Timely survey and inventory of 

brownfields sites in state or tribal land. 

EPA’s goal in funding activities under 

this element is to enable the state or 

tribe to establish or enhance a system or 

process that will provide a reasonable 

estimate of the number, likely locations, 

and the general characteristics of 

brownfields sites in their state or tribal 

lands. 

EPA recognizes the varied scope of 

state and tribal response programs and 

will not require states and tribes to 

develop a ‘‘list’’ of brownfields sites. 

However, at a minimum, the state or 

tribe should develop and/or maintain a 

system or process that can provide a 

reasonable estimate of the number, 

likely location, and general 

characteristics of brownfields sites 

within their state or tribal lands. 

Given funding limitations, EPA will 

negotiate work plans with states and 

tribes to achieve this goal efficiently and 

effectively, and within a realistic time 

frame. For example, many of EPA’s 

Brownfields Assessment cooperative 

agreement recipients conduct 

inventories of brownfields sites in their 

communities or jurisdictions. EPA 

encourages states and tribes to work 

with these cooperative agreement 

recipients to obtain the information that 

they have gathered and include it in 

their survey and inventory. 

2. Oversight and enforcement 

authorities or other mechanisms and 

resources. EPA’s goal in funding 

activities under this element is to have 

state and tribal response programs that 

include oversight and enforcement 

authorities or other mechanisms, and 

resources that are adequate to ensure 

that: 

a. A response action will protect 

human health and the environment and 

be conducted in accordance with 

applicable laws; and 

b. the necessary response activities 

are completed if the person conducting 

the response activities fails to complete 

the necessary response activities (this 

includes operation and maintenance or 

long-term monitoring activities). 

3. Mechanisms and resources to 

provide meaningful opportunities for 

public participation.6 EPA’s goal in 

funding activities under this element is 

to have states and tribes include in their 

response program mechanisms and 

resources for meaningful public 

participation, at the local level, 

including, at a minimum: 

a. Public access to documents and 

related materials that a state, tribe, or 

party conducting the cleanup is relying 

on or developing in making cleanup 

decisions or conducting site activities; 

b. Prior notice and opportunity for 

public comment on cleanup plans and 

site activity; and 

c. A mechanism by which a person 

who is, or may be, affected by a release 

or threatened release of a hazardous 

substance, pollutant, or contaminant at 

a brownfields site—located in the 

community in which the person works 

or resides—may request that a site 

assessment be conducted. The 

appropriate state or tribal official must 

consider this request and appropriately 

respond. 

4. Mechanisms for approval of a 

cleanup plan and verification and 

certification that cleanup is complete. 

EPA’s goal in funding activities under 

this element is to have states and tribes 

include in their response program 

mechanisms to approve cleanup plans 

and to verify that response actions are 

complete, including a requirement for 

certification or similar documentation 

from the state, the tribe, or a licensed 

site professional to the person 

conducting the response action that the 

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69994 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

7For further information on 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 

8States and tribes may find useful information on 

institutional controls on EPA’s institutional 

controls Web site at http://www.epa.gov/superfund/ 

policy/ic/index.htm. 

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, described below, in order to 

receive funds. Specifically, under 

Section 128(b)(1)(C), states and tribes 

must: 

1. Maintain and update, at least 

annually or more often as appropriate, 

a record of sites that includes the name 

and location of sites at which response 

actions have been completed during the 

previous year; 

2. Maintain and update, at least 

annually or more often as appropriate, 

a record of sites that includes the name 

and location of sites at which response 

actions are planned to be addressed 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. 

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 and are planned to be 

addressed in the upcoming year. In 

contrast, the ‘‘timely survey and 

inventory’’ element, described above, 

refers to a general approach to 

identifying brownfields sites. 

B. Making the Public Record Easily 

Accessible 

EPA’s goal is to enable states and 

tribes to make the public record and 

other information, such as information 

from the ‘‘survey and inventory’’ 

element, easily accessible. For this 

reason, EPA will allow states and tribes 

to use Section 128(a) funding to make 

the public record, as well as other 

information, such as information from 

the ‘‘survey and inventory’’ element, 

available to the public via the internet 

or other means. For example, the 

Agency would support funding state 

and tribal efforts to include detailed 

location information in the public 

record such as the street address and 

latitude and longitude information for 

each site.7

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, in their work plans.8

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 a cooperative 

agreement to ‘‘establish or enhance’’ 

their response programs, including 

elements of the response program that 

include activities related to responses at 

brownfields sites with petroleum 

contamination. Eligible activities 

include, but are not limited to, the 

following: 

• Develop legislation, regulations, 

procedures, ordinances, guidance, etc. 

that would establish or enhance the 

administrative and legal structure of 

their response programs; 

• Establish and maintain the required 

public record as described in Section VI; 

• EPA considers activities related to 

maintaining and monitoring 

institutional controls to be eligible costs 

under Section 128(a); 

• Conduct limited 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 

per CERCLA Section 128(a)(2)(C)(ii) to 

obtain public comment on cleanup 

plans and site activities, EPA strongly 

encourages states and tribes to seek 

public input regarding the priority of 

sites to be addressed and solicit input 

from local communities, especially 

potential environmental justice 

communities, communities with a 

health risk related to exposure to 

hazardous waste or other public health 

concerns, economically disadvantaged 

or remote areas, and communities with 

limited experience working with 

government agencies. EPA will not 

provide Section 128(a) funds solely for 

assessment or cleanup of specific 

brownfields sites; site specific activities 

must be an incidental part of an overall 

Section 128(a) work plan that includes 

funding for other activities that establish 

or enhance the four elements; 

• Capitalize a revolving loan fund 

(RLF) for brownfields cleanup under 

CERCLA Section 104(k)(3). These RLFs 

are subject to the same statutory 

requirements and cooperative agreement 

terms and conditions applicable to RLFs 

awarded under Section 104(k)(3). 

Requirements include a 20 percent 

match on the amount of Section 128(a) 

funds used for the RLF, a prohibition on 

using EPA cooperative agreement funds 

for administrative costs relating to the 

RLF, and a prohibition on using RLF 

loans or subgrants for response costs at 

a site for which the recipient may be 

potentially liable under Section 107 of 

CERCLA. Other prohibitions contained 

in CERCLA Section 104(k)(4) also apply; 

or 

• Purchase environmental insurance 

or develop 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, or guidance. 

For more developed state or tribal 

response programs, ‘‘establish’’ may also 

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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 69995 

9A cooperative agreement is an assistance 

agreement to a state or a tribe that includes 

substantial involvement of EPA regional 

enforcement and program staff during performance 

of activities described in the cooperative agreement 

work plan. Examples of this involvement include 

Continued 

include activities that keep their 

program at a level that meets the four 

elements and maintains a public record 

required as a condition of funding under 

CERCLA Section 128(b)(1)(C). 

C. Uses Related to ‘‘Enhancing’’ a State 

or Tribal Response Program 

Under CERCLA Section 128(a), 

‘‘enhance’’ is related to activities that 

add to or improve a state or tribal 

response program or increase the 

number of sites at which response 

actions are conducted under a state or 

tribal response program. 

The exact ‘‘enhancement’’ uses that 

may be allowable depend upon the 

work plan negotiated between the EPA 

regional office and the state or tribe. For 

example, regional offices and states or 

tribes may agree that Section 128(a) 

funds may be used for outreach and 

training directly related to increasing 

awareness of its response program, and 

improving the skills of program staff. It 

may also include developing better 

coordination and understanding of other 

state response programs, e.g., Resource 

Conservation and Recovery Act (RCRA) 

or Underground Storage Tanks (USTs). 

As another example, states and tribal 

response programs enhancement 

activities can include outreach to local 

communities to increase their awareness 

and knowledge regarding the 

importance of monitoring engineering 

and intuitional controls. Other 

‘‘enhancement’’ uses may be allowable 

as well. 

D. Uses Related to Site-Specific 

Activities 

States and tribes may use section 

128(a) funds for activities that improve 

state or tribal capacity to increase the 

number of sites at which response 

actions are conducted under the state or 

tribal response program. The amount 

requested for site-specific assessments 

and cleanups may not exceed 50% of 

the total amount of funding requested. 

Other eligible uses of funds for sitespecific related activities (i.e., site 

specific but do not involve conducting 

actual site assessments or cleanups) 

include, but are not limited to, the 

following. EPA does not cap the amount 

of funding applicants may request for 

these activities: 

• Oversight of response action; 

• technical assistance to federal 

brownfields cooperative agreement 

recipients; 

• development and/or review of 

quality assurance project plans (QAPPs); 

• preparation and submission of 

Property Profile Forms; and 

• auditing site cleanups to verify the 

completion of the cleanup. 

E. Uses Related to Site-Specific 

Assessment and Cleanup Activities 

Site-specific assessment and cleanup 

activities should establish and/or 

enhance the response program and be 

tied to the four elements. In addition to 

the requirement per CERCLA Section 

128(a)(2)(C)(ii) to obtain public 

comment on cleanup plans and site 

activities, EPA strongly encourages 

states and tribes to seek public input 

regarding the priority of sites to be 

addressed and solicit input from local 

communities, especially potential 

environmental justice communities, 

communities with a health risk related 

to exposure to hazardous waste or other 

public health concerns, economically 

disadvantaged or remote areas, and 

communities with limited experience 

working with government agencies. EPA 

will not provide Section 128(a) funds 

solely for assessment or cleanup of 

specific brownfields sites; site-specific 

activities must be an incidental part of 

an overall Section 128(a) work plan that 

includes funding for other activities that 

establish or enhance the four elements. 

Site-specific assessments and cleanups 

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 101(39). 

b. Absent EPA approval, no more than 

$200,000 per site can be funded for 

assessments with Section 128(a) funds, 

and no more than $200,000 per site can 

be funded for cleanups with Section 

128(a) funds. 

c. Absent EPA approval, the state/ 

tribe may not use funds awarded under 

this agreement to assess and clean up 

sites owned or operated by the 

recipient. 

d. Assessments and cleanups cannot 

be conducted at sites where the state/ 

tribe is a potentially responsible party 

pursuant to CERCLA Section 107, 

except: 

Æ At brownfields sites contaminated 

by a controlled substance as defined in 

CERCLA Section 101(39)(D)(ii)(I); or 

Æ when the recipient would satisfy all 

of the elements set forth in CERCLA 

section 101(40) to qualify as a bona fide 

prospective purchaser except that the 

date of acquisition of the property was 

on or before January 11, 2002. 

Subgrants cannot be provided to 

entities that may be potentially 

responsible parties (pursuant to 

CERCLA Section 107) at the site for 

which the assessment or cleanup 

activities are proposed to be conducted, 

except: 

1. At brownfields sites contaminated 

by a controlled substance as defined in 

CERCLA Section 101(39)(D)(ii)(I); or 

2. when the recipient would satisfy all 

of the elements set forth in CERCLA 

section 101(40) to qualify as a bona fide 

prospective purchaser except that the 

date of acquisition of the property was 

on or before January 11, 2002. 

F. Costs Incurred for Activities at ‘‘NonBrownfields’’ Sites 

Costs incurred for activities at nonbrownfields sites, e.g., oversight, may be 

eligible and allowable if such activities 

are included in the state’s or tribe’s 

work plan. For example, auditing 

completed site cleanups in jurisdictions 

where states or tribes use licensed site 

professionals, to verify that sites have 

been properly cleaned up, may be an 

eligible cost under Section 128(a). These 

costs need not be incurred in 

connection with a brownfields site to be 

eligible, but must be authorized under 

the state’s or tribe’s work plan to be 

allowable. Other uses may be eligible 

and allowable as well, depending upon 

the work plan negotiated between the 

EPA regional office and the state or 

tribe. However, assessment and cleanup 

activities may only be conducted on 

eligible brownfields sites, as defined in 

CERCLA Section 101(39). 

G. Uses Related to Site-Specific 

Activities at Petroleum Brownfields 

Sites 

States and tribes may use Section 

128(a) funds for activities that establish 

and enhance their response programs, 

even if their response programs address 

petroleum contamination. Also, the 

costs of site-specific activities, such as 

site assessments or cleanup at 

petroleum contaminated brownfields 

sites, defined at CERCLA Section 

101(39)(D)(ii)(II), are eligible and are 

allowable if the activity is included in 

the work plan negotiated between the 

EPA regional office and the state or 

tribe. Section 128(a) funds used to 

capitalize a Brownfields RLF may be 

used at brownfields sites contaminated 

by petroleum to the extent allowed 

under CERCLA Section 104(k)(3). 

VIII. General Programmatic Guidelines 

for 128(A) Grant Funding Requests 

Funding authorized under CERCLA 

Section 128(a) is awarded through a 

cooperative agreement 9 with a state or 

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69996 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

technical assistance and collaboration on program 

development and site-specific activities. 

10For purposes of cooperative agreement 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. 

tribe. The program is administered 

under the general EPA grant and 

cooperative agreement regulations for 

states, tribes, and local governments 

found in the Code of Federal 

Regulations at 40 CFR part 31. Under 

these regulations, the cooperative 

agreement recipient for Section 128(a) 

grant program is the government to 

which a cooperative agreement is 

awarded and which is accountable for 

the use of the funds provided. The 

cooperative agreement recipient is the 

entire legal entity even if only a 

particular component of the entity is 

designated in the cooperative agreement 

award document. 

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. Define the state or tribal response 

program. States and tribes must define 

in their work plan the ‘‘Section 128(a) 

response program(s)’’ to which the funds 

will be applied, and may designate a 

component of the state or tribe that will 

be EPA’s primary point of contact for 

negotiations on their proposed work 

plan. When EPA funds the Section 

128(a) cooperative agreement, states and 

tribes may distribute these funds among 

the appropriate state and tribal agencies 

that are part of the Section 128(a) 

response program. This distribution 

must be clearly outlined in their annual 

work plan. 

C. Separate cooperative agreements 

for the capitalization of RLFs using 

Section 128(a) funds. If a portion of the 

128(a) grant funds requested will be 

used to capitalize a revolving loan fund 

for cleanup, pursuant to 104(k)(3), two 

separate cooperative agreements must 

be awarded, i.e., one for the RLF and 

one for non-RLF uses. States and tribes 

may, however, submit one initial 

request for funding, delineating the RLF 

as a proposed use. Section 128(a) funds 

used to capitalize an RLF are not 

eligible for inclusion into a Performance 

Partnership Grant (PPG). 

D. Authority to manage a revolving 

loan fund program. If a state or tribe 

chooses to use its 128(a) funds to 

capitalize a revolving loan fund 

program, the state or tribe must have the 

authority to manage the program, e.g., 

issue loans. If the agency/department 

listed as the point of contact for the 

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. 

E. Section 128(a) cooperative 

agreements can be part of a 

Performance Partnership Grant (PPG). 

States and tribes may include Section 

128(a) cooperative agreements in their 

PPG 69 FR 51,756 (2004). Section 128(a) 

funds used to capitalize an RLF or 

purchase 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. 

F. 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. 

G. Demonstrating the four elements. 

As part of the annual work plan 

negotiation process, states or tribes that 

do not have VRP MOAs must 

demonstrate that their program 

includes, or is taking reasonable steps to 

include, the four elements described in 

Section V. EPA will not fund, in future 

years, state or tribal response program 

annual work plans if EPA determines 

that these requirements 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, or on EPA’s 

review of the state or tribal response 

program. 

H. 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 above, exists and is being 

maintained.10

3. States or tribes that received initial 

funding prior to FY10: Requests for 

FY11 funds will not be accepted from 

states or tribes that fail to demonstrate, 

by the January 31, 2011 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 FY10 cooperative 

agreement that prohibited drawdown of 

FY10 funds prior to meeting public 

record requirement). States or tribes in 

this situation will not be prevented from 

drawing down their prior year funds, 

once the public record requirement is 

met, but will be restricted from applying 

for FY11 funding. 

4. States or Tribes that received initial 

funding in FY10: by the time of the 

actual FY11 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 FY11 

cooperative agreement that prevents the 

drawdown of FY11 funds until the 

public record requirement is met). 

5. Recipients receiving funds for the 

first time in FY11: these recipients have 

one year to meet this requirement and 

may utilize the 128(a) cooperative 

agreement funds to do so. 

I. Demonstration of significant 

utilization of prior years’ funding. 

During the allocation process, EPA 

headquarters places significant 

emphasis on the utilization of prior 

years’ funding. Unused funds from prior 

years will be considered in the 

allocation process. Existing balances in 

EPA’s Financial Data Warehouse could 

support an allocation amount below a 

grantee’s request for funding. If a 

grantee wishes to avoid an allocation 

reduction, when submitting a request 

for FY11 funds, include a detailed 

explanation and justification of funds 

that remain in EPA’s Financial Data 

Warehouse from prior years (that are 

related to response program activities or 

brownfield related activities). 

EPA Regional staff will review EPA’s 

Financial Database Warehouse to 

identify the amount of remaining prior 

year(s) funds. The cooperative 

agreement recipient 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. 

J. Explanation of proposed activity/ 

task that would require an increase from 

the FY10 funding amount. Due to the 

limited amount of funding available, 

recipients must demonstrate the 

environmental benefits of undertaking 

the proposed activity/task and how that 

activity/task supports the four elements 

of a response program in addition to 

highlighting any activities in local 

communities, especially potential 

environmental justice communities, 

communities with a health risk related 

to exposure to hazardous waste or other 

public health concerns, economically 

disadvantaged or remote areas, and 

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11FY10 EPA received $67.1 Million in requests 

for funding from States and Tribes under CERCLA 

128(a). The FY10 enacted budget was $49.5 Million. The resulting budget shortfall was approximately 

$17 Million. 

communities with limited experience 

working with government agencies. 

Refer to Section IX for information to be 

submitted with funding request. 

K. Allocation System and Process for 

Distribution of Fund 

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: 

For Fiscal Year 2011, EPA will 

consider funding requests up to a 

maximum of $1.3 million per state or 

tribe. This limit may be changed in 

future years based on appropriation 

amounts and demand for funding. 

Please note the CERCLA 128(a) annual 

program’s budget has remained static 

while demand for funding continues to 

increase every year.11 Therefore, in most 

instances the FY11 state and tribal 

individual funding amounts will not 

meet the FY10 funding amounts. 

Requests for increases over the FY10 

funding amount will be considered only 

after allocations are made to cover basic 

core support to programs of all eligible 

requestors. 

After the January 31, 2011 request 

deadline, regional offices will submit 

summaries of state and tribal requests to 

EPA headquarters. Before submitting 

requests to EPA headquarters, regional 

offices may take into account additional 

factors when determining recommended 

allocation amounts. Such factors 

include, but are not limited to, the 

depth and breadth of the state or tribal 

program; scope of the perceived need 

for the funding, e.g., size of state or 

tribal jurisdiction or the proposed work 

plan balanced against capacity of the 

program, amount of prior funding, and 

funds remaining from prior years, etc. 

After receipt of the regional 

recommendations, EPA headquarters 

will consolidate requests and allocate 

funds accordingly. 

IX. Information To Be Submitted With 

the Funding Request 

A. Demonstration of significant 

utilization of prior years’ funding 

States and tribes requesting 128(a) 

FY11 funds must submit the following 

information, as applicable, to their 

regional contact on or before January 31, 

2011 (regions may request additional 

information, as needed): 

• For those states and tribes with 

prior Targeted Brownfields Assessment 

funding awarded under CERCLA 104(d), 

provide, by agreement number, the 

amount of funds that have not been 

requested for reimbursement (i.e., those 

funds that remain in EPA’s Financial 

Data Warehouse). EPA will take into 

account these funds in the allocation 

process. A cooperative agreement 

recipient can choose to provide a 

justification to EPA that explains why 

the underused funds should not be 

considered in the current request for 

funding. 

• For those states and tribes that 

received FY08 or prior Section 128(a) 

funds, you must provide the amount of 

FY03, FY04, FY05, FY06 FY07 and/or 

FY08 funds that have not been 

requested for reimbursement (i.e., those 

funds that remain in EPA’s Financial 

Data Warehouse). EPA will take into 

account these funds in the allocation 

process. 

B. Summary of Planned Use of FY11 

Funding 

All states and tribes requesting FY11 

funds must submit a summary of the 

planned use of the funds with 

associated dollar amounts. Please 

provide the request in the following 

format below: 

Funding use FY10 

Awarded 

FY11 

Requested 

Summary of intended use 

(example uses) 

Establish or Enhance the four elements: ............................ $XX,XXX $XX,XXX 

1. Timely survey and inventory of brownfields sites; .......... .................. .................. 1. Examples: 

• inventory and prioritize brownfields sites. 

2. Oversight and enforcement authorities or other mechanisms;................... .................. 2. Examples: 

• develop/enhance ordinances, regulations, procedures 

for response programs. 


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12FY10 EPA received $67.1 Million in requests 

for funding from States and Tribes under CERCLA 

128(a). The FY10 enacted budget was $49.5 Million. The resulting budget shortfall was approximately 

$17 Million. 

Funding use FY10 

Awarded 

FY11 

Requested 

Summary of intended use 

(example uses) 

3. Mechanisms and resources to provide meaningful opportunities for public participation;................... .................. 3. Examples: 

• develop a community involvement process. 

• fund an outreach coordinator. 

• issue public notices of site activities. 

• develop a process to seek public input from local communities, especially potential environmental justice 

communities, communities with a health risk related to 

exposure to hazardous waste or other public health 

concerns, economically disadvantaged or remote 

areas, and communities with limited experience working with government agencies to prioritize sites to be 

addressed. 

4. Mechanisms or approval of a cleanup plan and 

verification and certification that cleanup is complete..

.................. .................. 4. Examples: 

• review cleanup plans and verify completed actions. 

Establish and Maintain the Public Record. ......................... $XX,XXX $XX,XXX • maintain public record. 

• create web site for public record. 

• disseminate public information on how to access the 

public record. 

Enhance the Response Program. ....................................... $XX,XXX $XX,XXX • provide oversight of site assessments and cleanups. 

• attend training and conferences on brownfields cleanup technologies & other brownfields topics. 

• update and enhance program management activities. 

• negotiate/oversee contracts for response programs. 

• enhance program management & tracking systems. 

• prepare Property Profile Forms/input data into ACRES 

database. 

Site-specific Activities (amount requested should be incidental to the workplan, e.g., less than half of the total 

funding requested see Section VII.D for more information on what activities should be considered when calculating site specific activities.).

$XX,XXX $XX,XXX • perform site assessments and cleanups. 

• develop QAPPs. 

• prepare Property Profile Forms/input data into ACRES 

database for these sites. 

Environmental Insurance .................................................... $XX,XXX $XX,XXX • review potential uses of environmental insurance. 

Revolving Loan Fund .......................................................... $XX,XXX $XX,XXX • create a cleanup revolving loan fund. 

Total Funding ............................................................... $XXX,XXX $XXX,XXX Performance Partnership Grant? Yes b No b 

C. Explanation of proposed activity/task 

that would require an increase from the 

FY10 funding amount 

For those states and tribes requesting 

amounts above their FY10 allocation, a 

separate explanation must be provided 

using the format below or the 

explanation can be made in a narrative 

form. The request should clearly 

demonstrate the environmental benefits 

of the proposed activity/task and how it 

directly supports the establishment and 

enhancement of the four elements of a 

response program. Requests for 

increases over the FY10 funding amount 

will be considered only after allocations 

are made to cover basic core support to 

programs of all eligible requestors. 

Please note the CERCLA 128(a) annual 

program’s budget has remained static 

while demand for funding continues to 

increase every year.12 Therefore, in most 

instances the FY11 state and tribal 

individual funding amounts will not 

meet the FY10 funding amounts. 

Increases in funding are unlikely. 

Explanation of request(s) for funding 

above FY10 award level Amount One time 13 request or recurring? Explanation/anticipated outcome 

Establish or Enhance the four elements: 

1. Timely survey and inventory of 

brownfields sites; 2. Oversight and enforcement authorities or other mechanisms; 3. Mechanisms and resources 

to provide meaningful opportunities for 

public participation; and/or 4. Mechanisms or approval of a cleanup plan 

and verification and certification that 

cleanup is complete.

$XX,XXX One Time b ...............................

Recurring b ................................

Explanation of environmental benefits 

Anticipated Outcome: 

Establish and Maintain the Public 

Record.

$XX,XXX One Time b ...............................

Recurring b ................................

Explanation of environmental benefits 

Anticipated Outcome: 

Enhance the Response Program ............ $XX,XXX One Time b ...............................

Recurring b ................................

Explanation of environmental benefits 

Anticipated Outcome: 

Site-specific Activities (amount requested 

should be incidental to the workplan, 

e.g., less than half of the total funding 

requested).

$XX,XXX One Time b ...............................

Recurring b ................................

Explanation of environmental benefits 

Anticipated Outcome: 

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Explanation of request(s) for funding 

above FY10 award level Amount One time 13 request or recurring? Explanation/anticipated outcome 

Environmental Insurance ......................... $XX,XXX One Time b ...............................

Recurring b ................................

Explanation of environmental benefits 

Anticipated Outcome: 

Revolving Loan Fund .............................. $XX,XXX One Time b ...............................

Recurring b ................................

Explanation of environmental benefits 

Anticipated Outcome: 

Total Increase Requested ................ $XX,XXX .....................................................

13A one time request is not likely to repeat whereas a recurring charge is likely to periodically occur again. 

D. Reporting of Program Activity Levels 

States and tribes must report, by 

January 31, 2011, a summary of the 

previous federal fiscal year’s work 

(October 1, 2009 through September 30, 

2010). The following information must 

be submitted to your regional project 

officer (if no activity occurred in the 

particular category, indicate ‘‘N/A’’): 

• Number of properties enrolled in 

the response program supported by the 

CERCLA 128(a) funding. 

• Number of properties that received 

a ‘‘No Further Action’’ (NFA) 

documentation or a Certificate of 

Completion (COC) or equivalent, AND 

have all required institutional controls 

in place. 

• Number of properties that received 

an NFA or COC or equivalent and do 

NOT have all required institutional 

controls in place. 

• Total number of acres associated 

with properties in the second bullet 

above. 

• (OPTIONAL) Number of properties 

where assistance was provided, but the 

property was NOT enrolled in the 

response program. 

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 sitespecific activities. Each of the 

subsections below summarizes the basic 

terms and conditions and related 

reporting that will be required if a 

cooperative agreement with EPA is 

awarded. 

A. Progress Reports 

In accordance with 40 CFR 31.40, 

state and tribes must provide progress 

reports as provided in the terms and 

conditions of the cooperative agreement 

negotiated with EPA regional offices. 

State and tribal costs for complying with 

reporting requirements are an eligible 

expense under the section 128(a) 

cooperative agreement. As a minimum, 

state or tribal progress reports must 

include both a narrative discussion and 

performance data relating to the state’s 

or tribe’s accomplishments and 

environmental outputs associated with 

the approved budget and workplan and 

should 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 

relating to establishing or, if already 

established, maintaining the public 

record. Depending upon the activities 

included in the state’s or tribe’s work 

plan, an EPA regional office may request 

that a progress report include: 

1. Reporting environmental insurance. 

Recipients with work plans that include 

funding for environmental insurance 

must report: 

Æ Number and description of 

insurance policies purchased (e.g., type 

of coverage provided; dollar limits of 

coverage; any buffers or deductibles; 

category and identity of insured 

persons; premium; first dollar or 

umbrella; site specific or blanket; 

occurrence or claims made, etc.) 

Æ The number of sites covered by the 

insurance 

Æ The amount of funds spent on 

environmental insurance (e.g., amount 

dedicated to insurance program, or to 

insurance premiums) 

Æ The amount of claims paid by 

insurers to policy holders 

2. 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 Assessment 

Cleanup and Redevelopment Exchange 

System (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 

solicit input from local communities, 

especially potential environmental 

justice communities, communities with 

a health risk related to exposure to 

hazardous waste or other public health 

concerns, economically disadvantaged 

or remote areas, and communities with 

limited experience working with 

government agencies. 

3. Reporting for other site-specific 

activities. Recipients with work plans 

that include funding for other sitespecific related activities must include a 

description of the site-specific activities 

and the number of sites at which the 

activity was conducted. For example: 

Æ Number and frequency of oversight 

audits of licensed site professional 

certified cleanups. 

Æ Number and frequency of state/ 

tribal oversight audits conducted. 

Æ Number of sites where staff 

conducted audits, provided technical 

assistance, or conducted other oversight 

activities. 

Æ Number of staff conducting 

oversight audits, providing technical 

assistance, or conducting other 

oversight activities. 

4. Reporting for RLF uses. Recipients 

with work plans that include funding 

for revolving loan fund (RLF) must 

include the information required by the 

terms and conditions for progress 

reporting under CERCLA section 

104(k)(3) RLF cooperative agreements. 

5. 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: 

Æ 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: 

• legal authorities and mechanisms 

(e.g., statutes, regulations, orders, 

agreements); 

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• policies and procedures to 

implement legal authorities; and other 

mechanisms; 

Æ 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; 

Æ a narrative description of how these 

authorities or other mechanisms, and 

resources, are adequate to ensure that: 

Æ 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 

Æ a narrative description and copy of 

appropriate documents demonstrating 

the exercise of oversight and 

enforcement authorities by the response 

program at a brownfields site. 

The regional offices may also request 

other information be added to the 

progress reports, as appropriate, to 

properly document activities described 

by the cooperative agreement work plan. 

EPA regions may allow states or tribes 

to provide performance data in 

appropriate electronic format. 

The regional offices will forward 

progress reports to EPA Headquarters, if 

requested. This information may be 

used to develop national reports on the 

outcomes of CERCLA section 128(a) 

funding to states and tribes. 

B. Reporting of Program Activity Levels 

States and tribes must report, by 

January 31, 2011, a summary of the 

previous federal fiscal year’s work 

(October 1, 2009 through September 30, 

2010). The following information must 

be submitted to your regional project 

officer (if no activity occurred in the 

particular category, indicate a ‘‘N/A’’): 

• Number of properties enrolled in 

the response program supported by the 

CERCLA section 128(a) funding. 

• Number of properties that received 

a ‘‘No Further Action’’ (NFA) 

documentation or a Certificate of 

Completion (COC) or equivalent, AND 

have all required institutional controls 

in place. 

• Number of properties that received 

an NFA or COC or equivalent and do 

NOT have all required institutional 

controls in place. 

• Total number of acres associated 

with properties in the second bullet 

above. 

• (OPTIONAL) Number of properties 

where assistance was provided, but the 

property was NOT enrolled in the 

response program. 

Where applicable, EPA may require 

states/tribes to report specific 

performance measures related to the 

four elements which can be aggregated 

for national reporting to Congress. 

For example: 

1. Timely Survey & Inventory— 

Estimated number of brownfields sites 

in the state or on tribal land. 

2. Oversight & Enforcement 

Authorities/Mechanisms—Number of 

active cleanups and percentage that 

received oversight; percentage of active 

cleanups not in compliance with the 

cleanup workplan and that received 

communications from recipient 

regarding non-compliance. 

3. Public Participation—Percentage of 

sites in the response program where 

public meetings/notices were conducted 

regarding the cleanup plan and/or other 

site activities; number of requests and 

responses to site assessment requests. 

4. Cleanup Approval/Certification 

Mechanisms—Total number of ‘‘no 

further action’’ letters or total number of 

certificate of completions. 

(NOTE: where applicable, this 

reporting requirement may include 

activities not funded with CERCLA 

Section 128(a) monies, because this 

information may be used by EPA to 

evaluate whether recipients without 

MOAs have met or are taking reasonable 

steps to meet the four elements of a 

response program pursuant to CERCLA 

Section 128(a)(2).) 

C. Reporting of Public Record 

All recipients must report, as 

specified in the terms and conditions of 

their cooperative agreement, 

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 b. is adequate. 

A public record may include the 

following information: 

A list of sites at which response 

actions have been completed 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. 

• Explain the type of institutional 

control in place (e.g., deed restriction, 

zoning restriction, local ordinance, state 

registries of contaminated property, 

deed notices, advisories, etc.) 

• Nature of the contamination at the 

site (e.g., hazardous substances, 

contaminants, or pollutants, petroleum 

contamination, etc.) 

• Size of the site in acres. 

A list of sites planned to be addressed 

by the state or tribal response program 

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. 

• Explain the type of the institutional 

control in place (e.g., deed restriction, 

zoning restriction, local ordinance, state 

registries of contaminated property, 

deed notices, advisories, etc.) 

• To the extent known, the nature of 

the contamination at the site (e.g., 

hazardous substances, contaminants, or 

pollutants, petroleum contamination, 

etc.) 

• 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. Central Contractor Registration (CCR) 

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: 

a. Be registered in the CCR prior to 

submitting an application or proposal 

under this announcement. CCR 

information can be found at: https:// 

www.bpn.gov/ccr/. 

b. Maintain an active CCR registration 

with current information at all times 

during which it has an active Federal 

award or an application or proposal 

under consideration by an agency, and 

c. Provide its DUNS number in each 

application or proposal it submits to the 

agency. Applicants can receive a DUNS 

number, at no cost, by calling the 

dedicated toll-free DUNS Number 

request line at 1–866–705–5711, or 

visiting the D&B Web site at: http:// 

www.dnb.com. 

If an applicant fails to comply with 

these requirements, it will, should it be 

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selected for award, affect their ability to 

receive the award. 

3. 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/conditions implementing this 

requirement. 

REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS

Region State Tribal 

1—CT, ME, MA, NH, RI, VT James Byrne, 5 Post Office Square, Suite 100 

(OSRR07–2) Boston, MA 02109–3912 Phone (617) 

918–1389 Fax (617) 918–1291..

AmyJean McKeown, 5 Post Office Square, Suite 100 

(OSRR07–2) Boston, MA 02109–3912 Phone (617) 

918–1248 Fax (617) 918–1291 

2—NJ, NY, PR, VI ............... John Struble, 290 Broadway, 18th Floor New York, NY 

10007 Phone (212) 637–4291 Fax (212) 637–4211.

John Struble, 290 Broadway, 18th Floor New York, NY 

10007 Phone (212) 637–4291 Fax (212) 637–4211. 

3—DE, DC, MD, PA, VA, 

WV.

Janice Bartel, 1650 Arch Street (3HS51) Philadelphia, 

Pennsylvania 19103 Phone (215) 814–5394 Fax 

(215) 814–3274.

4—AL, FL, GA, KY, MS, 

NC, SC, TN.

Philip Vorsatz, 61 Forsyth Street, S.W, 10TH FL (9T25) 

Atlanta, GA 30303–8960 Phone (404) 562–8789 Fax 

(404) 562–8788.

Philip Vorsatz 61 Forsyth Street, S.W, 10TH FL (9T25) 

Atlanta, GA 30303–8960 Phone (404) 562–8789 Fax 

(404) 562–8788. 

5—IL, IN, MI, MN, OH, WI .. Jan Pels, 77 West Jackson Boulevard (SE–7J) Chicago, Illinois 60604–3507 Phone (312) 886–3009 Fax 

(312) 692–2161.

Jane Neumann 77 West Jackson Boulevard (SE–4J) 

Chicago, Illinois 60604–3507 Phone (312) 353–0123 

Fax (312) 697–2649. 

6—AR, LA, NM, OK, TX ...... Amber Perry, 1445 Ross Avenue, Suite 1200 (6SF) 

Dallas, Texas 75202–2733 Phone (214) 665–3172 

Fax (214) 665–6660.

Amber Perry, 1445 Ross Avenue, Suite 1200 (6SF) 

Dallas, Texas 75202–2733 Phone (214) 665–3172 

Fax (214) 665–6660. 

7—IA, KS, MO, NE .............. Susan Klein, 901 N. 5th Street (SUPRSTAR) Kansas 

City, Kansas 66101 Phone (913) 551–7786 Fax (913) 

551–9786.

Susan Klein, 901 N. 5th Street (SUPRSTAR) Kansas 

City, Kansas 66101 Phone (913) 551–7786 Fax (913) 

551–9798. 

8—CO, MT, ND, SD, UT, 

WY.

Dan Heffernan, 1595 Wynkoop Street (EPR–B) Denver, 

CO 80202–1129 Phone (303) 312–7074 Fax (303) 

312–6065.

Barbara Benoy, 1595 Wynkoop Street (8EPR–SA) Denver, CO 80202–1129 Phone (303) 312–6760 Fax 

(303) 312–6962. 

9—AZ, CA, HI, NV, AS, GU Eugenia Chow, 75 Hawthorne St. (SFD–6–1) San Francisco, California 94105 Phone (415) 972–3160 Fax 

(415) 947–3520.

Glenn Kistner, 75 Hawthorne St. (SFD–6–1) San Francisco, California 94105 Phone (415) 972–3004 Fax 

(415) 947–3520. 

10—AK, ID, OR, WA ........... Deborah Burgess, 300 Desmond Dr., SE, Suite 102 

(WOO) Lacey, Washington 98503 Phone (360) 753– 

9079 Fax (360) 753–8080.

Deborah Burgess, 300 Desmond Dr., SE, Suite 102 

(WOO) Lacey, Washington 98503 Phone (360) 753– 

9079 Fax (360) 753–8080. 

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 OMB review. 

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 final rule 

has been exempted from review under 

Executive Order 12866, this final rule 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 final rule 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: November 10, 2010. 

David R. Lloyd, 

Director, Office of Brownfields and Land 

Revitalization, Office of Solid Waste and 

Emergency Response. 

[FR Doc. 2010–28825 Filed 11–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9227–2] 

Proposed Agreement Pursuant to 

Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act for the 76th & Albany Site, 

Chicago, IL 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; Request for public 

comment on proposed CERCLA 

122(h)(1) agreement with the City of 

mstockstill on DSKH9S0YB1PROD with NOTICES