60512 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 

Under the terms of the proposed 

settlement agreement, EPA has agreed 

that: (1) On or before October 31, 2005, 

the EPA Administrator will sign a notice 

of proposed rulemaking to amend the 

OLD as provided in Attachment A to the 

Settlement Agreement; (2) As part of the 

proposed amendments to the OLD, EPA 

will include language in the preamble as 

provided in Attachment B to the 

Settlement Agreement; (3) Within 180 

days of the date the comment period on 

the proposed amendments closes, EPA 

will sign a notice of final rulemaking. 

Petitioners have agreed to dismiss 

their petitions for review if EPA takes 

final action amending the OLD in a 

manner substantially the same as the 

amendments set forth in Attachment A 

and not substantially inconsistent with 

the language in Attachment B. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

settlement agreement from persons who 

were not named as parties or interveners 

to the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

settlement agreement if the comments 

disclose facts or considerations that 

indicate that such consent is 

inappropriate, improper, inadequate, or 

inconsistent with the requirements of 

the Act. Unless EPA or the Department 

of Justice determine, based on any 

comment which may be submitted, that 

consent to the settlement agreement 

should be withdrawn, the terms of the 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement 

A. How Can I Get A Copy Of the 

Settlement? 

EPA has established an official public 

docket for this action under Docket ID 

No. OGC–2005–0014 which contains a 

copy of the settlement. The official 

public docket is available for public 

viewing at the Office of Environmental 

Information (OEI) Docket in the EPA 

Docket Center, EPA West, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket 

identification number. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or on paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in EPA’s electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and To Whom Do I Submit 

Comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Your use of EPA’s electronic public 

docket to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the Docket without going 

through EPA’s electronic public docket, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: October 6, 2005. 

Brenda Mallory, 

Acting Principal Deputy General Counsel, 

Office of General Counsel. 

[FR Doc. 05–20814 Filed 10–17–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7984–5] 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) or Superfund, Section 

128(a); Notice of Grant Funding 

Guidance for State and Tribal 

Response Programs 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) will begin to accept 

requests, from December 1, 2005 

through January 31, 2006, 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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 60513 

1The Catalogue of Federal Domestic Assistance 

entry for the section 128(a) State and Tribal 

Response Programs grant program is 66.817. 

2The term ‘‘state’’ is defined in this document as 

defined in CERCLA section 101(27). 

3The 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, are also 

eligible for funding under CERCLA section 128(a). 

4The Small Business Liability Relief and 

Brownfields Revitalization Act (SBLRBRA) was 

signed into law on January 11, 2002. The Act 

amends CERCLA by adding section 128(a). 

5The legislative history of SBLRBRA 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. 

response programs. Instead, it is to 

supplement their funding to increase 

their response capacity. 

For fiscal year 2006, EPA will 

consider funding requests up to a 

maximum of $1.5 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, 2005. EPA expects to make 

non-competitive grant awards to states 

and tribes which apply during fiscal 

year 2006. 

ADDRESSES: Mailing addresses for U.S. 

EPA Regional Offices and U.S. EPA 

Headquarters are as follows: 

Region States Mailing address 

EPA Region 1; Diane Kelley .................................... CT, ME, MA, NH, RI, VT .................... One Congress Street, Boston, MA 02114–2023. 

EPA Region 2; Larry D’Andrea ................................ NJ, NY, PR, VI .................................... 290 Broadway, 18th Floor, New York, NY 10007. 

EPA Region 3; Tom Stolle ....................................... DE, DC, MD, PA, VA, WV .................. 1650 Arch Street, Philadelphia, PA 19103. 

EPA Region 4; Rosemary Patton ............................. AL, FL, GA, KY, MS, NC, SC, TN ...... Atlanta Federal Center, 61 Forsyth Street, Atlanta, 

GA 30303. 

EPA Region 5; Deborah Orr .................................... IL, IN, MI, MN, OH, WI ....................... 77 West Jackson Blvd., Chicago, IL 60604–3507. 

EPA Region 6; Stan Hitt ........................................... AR, LA, NM, OK, TX .......................... 1445 Ross Ave., Suite 1200, (6SF–PB), Dallas, 

TX 75202–2733. 

EPA Region 7; Jim Callier ........................................ IA, KS, MO, NE .................................. 901 N. 5th Street, Kansas City, KS 66101. 

EPA Region 8; Kathie Atencio ................................. CO, MT, ND, SD, UT, WY .................. 999 18th Street, Suite 300 (EPR–B), Denver, CO 

80202–2406. 

EPA Region 9; Carolyn Douglas .............................. AZ, CA, HI, NV, AS, GU ..................... 75 Hawthorne Street, SFD 1–1, San Francisco, 

CA 94015. 

EPA Region 10; Timothy Brincefield ........................ AK, ID, OR, WA .................................. 1200 Sixth Avenue (ECL–112), Seattle, WA 

98101. 

Headquarters; Jennifer Millett Wilbur ....................... ............................................................. U.S. EPA, Office of Brownfields Cleanup & Redevelopment. 1200 Pennsylvania Ave., NW, MC 

5105T, Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: The 

U.S. EPA’s Office of Solid Waste and 

Emergency Response, Office of 

Brownfields Cleanup and 

Redevelopment, (202) 566–2777. 

SUPPLEMENTARY INFORMATION: The Small 

Business Liability Relief and 

Brownfields Revitalization Act 

(SBLRBRA) was signed into law on 

January 11, 2002. The Act amends the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), as amended, by adding 

section 128(a). Section 128(a) authorizes 

a $50 million grant program 1 to 

establish and enhance state 2 and tribal 3

response programs. Generally, these 

response programs address the 

assessment, cleanup and redevelopment 

of brownfields sites and other 

contaminated sites. Section 128(a) 

grants will be awarded and 

administered by U.S. Environmental 

Protection Agency (EPA) regional 

offices. This document provides 

guidance that will enable states and 

tribes to apply for and use section 128(a) 

funds in Fiscal Year 2006. 

State and tribal response programs 

oversee assessment and cleanup 

activities at the majority of brownfield 

sites across the country. The depth and 

breadth of state and tribal response 

programs vary. Some focus solely on 

CERCLA related activities, while others 

are multi-faceted, 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 brownfield 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 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 will be available to provide 

technical assistance to states and tribes 

as they apply for and carry out section 

128(a) grants. 

Eligibility for Funding 

To be eligible for funding under 

CERCLA section 128(a), a state or tribe 

must: 

• Demonstrate that their response 

program includes, or is taking 

reasonable steps to include, the four 

elements of a response program, 

described below; or (b) be a party to 

voluntary response program 

Memorandum of Agreement (VRP 

MOA) 5 with EPA; AND 

• 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). 

Matching Funds/Cost-Share 

With the exception of the section 

128(a) funds a state or tribe uses to 

capitalize a Brownfields Revolving Loan 

Fund under CERCLA section 104(k)(3), 

states and tribes are not required to 

provide matching funds for grants 

awarded under section 128(a). 

The Four Elements—Section 128(a) 

Section 128(a) recipients that do not 

have a VRP MOA with EPA, must 

60514 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 

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/action/community/ 

index.htm. 

7For further information on latitude and 

longitude information, please see EPA’s data 

standards Web site available at http:// 

oaspub.epa.gov/edr/epastd$.startup. 

demonstrate that their response program 

includes, or is taking reasonable steps to 

include, four elements. Section 128(a) 

also 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: 

Timely survey and inventory of 

brownfield 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 

brownfield 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 grantees 

conduct inventories of brownfield sites 

in their communities or jurisdictions. 

EPA encourages states and tribes to 

work with these grantees to obtain the 

information that they have gathered and 

include it in their survey and inventory. 

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 response action will protect 

human health and the environment and 

be conducted in accordance with 

applicable federal and state law; and 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). 

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 public participation, 

including, at a minimum: 

• 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; 

• Prior notice and opportunity for 

public comment on cleanup plans and 

site activity; and 

• 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. 

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 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. 

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. Recipients receiving 

section 128(a) funding for the first time 

in FY06 must demonstrate that they 

established and maintained the public 

record, as describe below, to be eligible 

for funding in FY07. 

Specifically, under section 

128(b)(1)(C), states and tribes must: 

• 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; 

• 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 

• 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. 

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 brownfield sites. 

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 A state or tribe may also 

choose to use the section 128(a) funds 

to make their survey and inventory 

information available on the internet as 

well. 

In an effort to reduce grant 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 grant funding only, deem 

the public record reporting requirement 

met. 

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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 60515 

8States and tribes may find useful information on 

institutional controls on EPA’s institutional 

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

action/ic/index.htm. 

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

Use of Funding 

Overview 

Section 128(a)(1)(B) describes the 

eligible uses of grant funding by states 

and tribes. In general, a state or tribe 

may use a grant to ‘‘establish or 

enhance’’ their response programs, 

including elements of the response 

program that include activities related 

to responses at brownfield sites with 

petroleum contamination. States and 

tribes may use section 128(a) funding to, 

among other things: 

• Develop legislation, regulations, 

procedures, ordinances, guidance, etc. 

that would establish or enhance the 

administrative and legal structure of 

their response programs; 

• 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 grant terms and 

conditions applicable to RLFs awarded 

under section 104(k)(3). Requirements 

include a 20% match on the amount of 

section 128(a) funds used for the RLF, 

a prohibition on using EPA grant 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; 

• 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; 

• Establish and maintain the required 

public record described above. EPA 

considers activities related to 

maintaining and monitoring 

institutional controls to be eligible costs 

under section 128(a); or 

• 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. 

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 

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). 

Uses Related to ‘‘Enhancing’’ a State or 

Tribal Response Program 

Under CERCLA section 128(a), 

‘‘enhance’’ is related to activities that 

add to or improve a state or tribal 

response program or increase the 

number of sites at which response 

actions are conducted under a state or 

tribal response program. The exact 

‘‘enhancement’’ uses that may be 

allowable depend upon the work plan 

negotiated between the EPA regional 

office and the state or tribe. For 

example, regional offices and states or 

tribes may agree that section 128(a) 

funds may be used for outreach and 

training directly related to increasing 

awareness of its response program, and 

improving the skills of program staff. It 

may also include developing better 

coordination and understanding of other 

state response programs, e.g., RCRA or 

USTs. Other ‘‘enhancement’’ uses may 

be allowable as well. 

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. 

Eligible uses of funds include, but are 

not limited to, site-specific activities 

such as: oversight of response action; 

technical assistance to federal 

brownfields grant recipients; 

development and/or review of sitespecific quality assurance project plans 

(QAPPs); preparation and submission of 

Property Profile Forms; auditing site 

cleanups to verify the completion of the 

cleanup; conducting assessments or 

cleanups at brownfields sites. 

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. Site-specific 

assessments and cleanups must comply 

with all applicable federal and state 

laws and are subject to the following 

restrictions: 

• Section 128(a) funds can only be 

used for assessments or cleanups at sites 

that meet the definition of a brownfield 

site at CERCLA section 101(39). 

• 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. 

• Absent EPA approval, the state/ 

tribe may not use funds awarded under 

this agreement to assess and clean up 

sites owned by the recipient. 

• Assessments and cleanups cannot 

be conducted at sites where the state/ 

tribe is a potentially responsible party 

pursuant to CERCLA section 107, except 

at brownfields sites contaminated by a 

controlled substance as defined in 

CERCLA section 101(39)(D)(ii)(I). 

• 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. 

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). 

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 

60516 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 

9A cooperative agreement is a grant to a state or 

a tribe 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 technical assistance and 

collaboration on program development and sitespecific activities. 

10For purposes of grant 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. 

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 the CERCLA section 104(k)(3) 

RLF program. 

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 

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 grantee for section 

128(a) grant program is: ‘‘The 

government to which a grant is awarded 

and which is accountable for the use of 

the funds provided. The grantee is the 

entire legal entity even if only a 

particular component of the entity is 

designated in the grant award 

document.’’ 40 CFR 31.3. 

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. 

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. 

Separate cooperative agreements for 

the capitalization of RLFs using section 

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

128(a) grant funds requested will be 

used to capitalize a revolving loan fund 

for cleanup, pursuant to section 

104(k)(3), two separate cooperative 

agreements must be awarded, i.e., one 

for the RLF and one for non-RLF uses. 

States and tribes may, however, submit 

one initial request for funding, 

delineating the RLF as a proposed use. 

Section 128(a) funds used to capitalize 

an RLF are not eligible for inclusion into 

a Performance Partnership Grant (PPG). 

Authority to Manage a Revolving Loan 

Fund Program. If a state or tribes 

chooses to use its section 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 

section 128(a) grant 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. 

Section 128(a) grants are eligible for 

inclusion in the Performance 

Partnership Grant (PPG). States and 

tribes may include section 128(a) grants 

in their PPG. (69 FR 51756 (2004)) 

Section 128(a) funds used to capitalize 

an RLF are not eligible for inclusion in 

the PPG. 

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 grants policies. Each 

cooperative agreement must have an 

annual budget period tied to an annual 

work plan. 

Demonstrating the Four Elements. As 

part of the annual work plan negotiation 

process, states or tribes that do not have 

MOAs must demonstrate that their 

program includes, or is taking 

reasonable steps to include, the four 

elements described above. 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. 

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

• States or tribes that received initial 

funding in FY03 and FY04: FY06 

requests will not be accepted from states 

or tribes that fail to demonstrate, by the 

January 31, 2006 request deadline, that 

they established and maintaining a 

public record. (Note, this would 

potentially impact any state or tribe that 

had a term and condition placed on 

their FY05 grant award that prohibited 

drawdown of FY05 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 FY06 

funding. 

• States or Tribes that received initial 

funding in FY05: By the time of the 

actual FY06 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 FY06 grant 

that prevents the drawdown of FY06 

funds until the public record 

requirement is met). 

• Recipients receiving funds for the 

first time in FY06: These recipients have 

one year to meet this requirement and 

may utilize the section 128(a) grant 

funds to do so. 

Demonstration of Significant Utilization 

of Prior Years Funding 

During the allocation process, EPA 

headquarters places significant 

emphasis on the utilization of prior 

years’ funding. When submitting your 

FY06 request, the following information 

must be submitted: 

• For those states and tribes with 

active Superfund VCP Core or Targeted 

Brownfields Assessment cooperative 

agreements awarded under CERCLA 

section 104(d), you must 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) and must provide a detailed 

explanation and justification for why 

such funds should not be considered in 

the funding allocation process. 

• For those states and tribes that 

received section 128 funds in FY03 and 

04, you must provide the amount of 

FY03 and FY04 funds that have not 

been requested for reimbursement (i.e, 

those funds that remain in EPA’s 

Financial Data Warehouse) and must 

provide a detailed explanation and 

justification for why such funds should 

not be considered in the funding 

allocation process. 

Note: EPA Regional staff will review EPA’s 

Financial Database Warehouse to confirm the 

amount of outstanding funds reported. It is 

strongly recommended that you work with 

your regional counterpart to determine the 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 60517 

amount of funds ‘‘outstanding.’’ In making 

this determination, EPA will take into 

account those funds that have been 

committed through an appropriate state or 

tribal contract, inter-agency agreement, or 

similar type of binding agreement, but have 

not been requested for reimbursement, i.e., 

that are not showing as ‘‘drawn down’’ in 

EPA’s Data Warehouse. 

Demonstration of Need To Receive 

Funds above the FY05 Funding 

Distribution 

Due to the limited amount of funding 

available, recipients must demonstrate a 

specific need when requesting an 

amount above the amount allocated to 

the state or tribe in FY05. 

Allocation System and Process for 

Distribution of Fund 

EPA regional offices will work with 

interested states and tribes to develop 

their annual work plans and funding 

requests. For Fiscal Year 2006, EPA will 

consider funding requests up to a 

maximum of $1.5 million per state or 

tribe. This limit may be changed in 

future years based on appropriation 

amounts and demand for funding. 

After the January 31, 2006 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. 

Information To Be Submitted With the 

Funding Request 

States and tribes requesting section 

128 funds for FY06 must submit the 

following information, as applicable, to 

their regional contact on or before 

January 31, 2006 (Regions may requests 

additional information, as needed): 

• For those states and tribes with 

prior Superfund VCP Core or Targeted 

Brownfields funding awarded under 

CERCLA section 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) and a detailed explanation 

and justification for why such funds 

should not be considered in the funding 

allocation process. 

• For those states and tribes that 

received an FY03 and/or FY04 128 

allocation, provide the amount of FY03 

and/or FY04 funds that have not been 

requested for reimbursement (i.e, those 

funds that remain in EPA’s Financial 

Data Warehouse) and a detailed 

explanation and justification for why 

such funds should not be considered in 

the funding allocation process. 

• For those states and tribes 

requesting amounts above their FY05 

allocation, provide an explanation of the 

specific need(s) that triggered the 

request for increased funding. 

• All states and tribes requesting 

funds for FY06 must submit a summary 

of the planned use of the funds with 

associated dollar amounts. Please 

provide it in the following format, if 

possible: 

Funding use Requested amount Summary of intended use (example uses) 

‘‘Establish or Enhance’’ the four elements.$XX,XXX —Develop a community involvement process. 

—Fund an outreach coordinator. 

—Develop/enhance ordinances, regulations, procedures for response 

programs. 

—Issue public notices of site activities. 

—Review cleanup plans and verify completed actions. 

Establish and Maintain the Public 

Record.

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 or 

Cleanup Capacity’’.

XX,XXX —Hire additional staff for oversight of brownfields cleanups. 

—Attend training and conferences on brownfields cleanup technologies 

and other brownfields topics. 

—Perform program management activities. 

—Negotiate/manage contracts for response programs. 

—Enhance program management and tracking systems. 

Site-specific Activities ....................... XX,XXX —Perform 10 site assessments in rural communities. 

—Negotiate brownfields agreements/voluntary cleanup contracts. 

—Provide technical assistance to federal brownfields grant recipients. 

—Develop and/or review QAPPs. 

—Conduct cleanup activities at brownfields sites. 

—Prepare Property Profile Forms. 

Environmental Insurance .................. XX,XXX —Review potential uses of environmental insurance. 

Revolving Loan Fund ........................ XX,XXX —Create a cleanup revolving loan fund. 

Total Funding Requested .......... XXX,XXX 

General Funding Priorities 

When EPA Regions negotiate 

individual state and tribal work plans, 

it is anticipated that funding will be 

prioritized as follows: 

• Funding of program activities that 

establish and/or enhance the four 

elements of a state or tribal response 

program and to enable states and tribes 

to comply with the public record 

requirement, including activities related 

to institutional controls. (States and 

tribes that have established one or more 

of the four elements will not be 

prejudiced in funding distributions if 

their work plan includes activities that 

enhance the four elements. States with 

MOAs will not be prejudiced in funding 

distributions if their work plan does not 

include tasks related to establishing or 

enhancing the four elements.) 

• Activities that develop and 

maintain the public record. 

• Program development and 

implementation activities that enhance 

the response program or the cleanup 

capacity of a state or tribal response 

program. 

60518 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 

• Site-specific activities, as negotiated 

and approved by EPA. 

• Funding for environmental 

insurance mechanisms. 

• Funding to capitalize brownfields 

cleanup revolving loan funds. 

EPA will target funding of at least $3 

million per year for tribal response 

programs. If this funding is not used, it 

will be carried over and added to at 

least $3 million in the next fiscal year. 

It is expected that the funding demand 

from tribes will increase through the life 

of this grant program (authorized by 

Congress through FY2006), and this 

funding allocation system should ensure 

that adequate funding for tribal response 

programs is available in future years. 

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. 

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) grant. 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. 

Reporting Requirements. 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: 

Information related to the public 

record. All recipients must report 

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., website or 

other public database to meet this 

requirement. 

For the purposes of grant funding 

only, and depending upon the activities 

included in the state or tribe’s work 

plan, this may include: 

A list of sites at which response 

actions have been completed including: 

• Date the response action was 

completed. 

• Site name. 

• The 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 the 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. 

Reporting environmental insurance. 

Recipients with work plans that include 

funding for environmental insurance 

must report: 

• Number and description of 

insurance policies purchased (e.g., type 

of coverage provided; dollar limits of 

coverage; category and identity of 

insured persons; premium; first dollar 

or umbrella; site specific or blanket; 

occurrence or claims made, etc. 

• The number of sites covered by the 

insurance. 

• The amount of funds spent on 

environmental insurance (e.g., amount 

dedicated to insurance program, or to 

insurance premiums) and the amount of 

claims paid by insurers to policy 

holders. 

Reporting for site-specific assessment 

or cleanup activities. Recipients with 

work plans that include funding for 

brownfields site assessment or cleanup 

must complete the OMB-approved 

Property Profile Form for each 

completed site assessment and cleanup. 

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: 

• 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. 

• Number of staff conducting 

oversight audits, providing technical 

assistance, or conducting other 

oversight activities. 

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 grants. 

Reporting for Non-MOA states and 

tribes. All recipients without a 

Voluntary Response Program 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: legal authorities and 

mechanisms (e.g., statutes, regulations, 

orders, agreements); 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 grant; 

• A narrative description of how 

these authorities or other mechanisms, 

and resources, are adequate to ensure 

that: 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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 60519 

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 brownfield site. 

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. 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. 

Dated: September 15, 2005. 

Linda Garczynski, 

Director, Office of Brownfields Cleanup and 

Redevelopment, Office of Solid Waste and 

Emergency Response. 

[FR Doc. 05–20823 Filed 10–17–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL –7985–4] 

Science Advisory Board Staff Office 

Clean Air Scientific Advisory 

Committee (CASAC) Notification of 

Public Advisory Committee Meeting 

(Teleconference) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) Science 

Advisory Board (SAB) Staff Office 

announces a public teleconference of 

the Clean Air Scientific Advisory 

Committee (CASAC or Committee) to 

review and approve the advisory report 

of the CASAC Ambient Air Monitoring 

and Methods (AAMM) Subcommittee 

(Subcommittee) on its recent peer 

review of the Federal Reference Method 

(FRM) for thoracic coarse particulate 

matter (PM10–2.5). 

DATES: The teleconference meeting will 

be held on November 3, 2005, from 1 to 

4 p.m. (eastern time). 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public who wishes to 

obtain the teleconference call-in 

numbers and access codes; would like 

to submit written or brief oral 

comments; or wants further information 

concerning this teleconference meeting, 

should contact Mr. Fred Butterfield, 

Designated Federal Officer (DFO), EPA 

Science Advisory Board (1400F), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; via telephone/ 

voice mail: (202) 343–9994; fax: (202) 

233–0643; or e-mail at: 

butterfield.fred@epa.gov. General 

information concerning the CASAC or 

the EPA SAB can be found on the EPA 

Web site at: http://www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: 

CASAC and the AAMM Subcommittee 

The CASAC, which comprises seven 

members appointed by the EPA 

Administrator, was established under 

section 109(d)(2) of the Clean Air Act 

(CAA or Act) (42 U.S.C. 7409) as an 

independent scientific advisory 

committee, in part to provide advice, 

information and recommendations on 

the scientific and technical aspects of 

issues related to air quality criteria and 

national ambient air quality standards 

(NAAQS) under sections 108 and 109 of 

the Act. The CASAC, which is 

administratively located under the SAB 

Staff Office, is a Federal advisory 

committee chartered under the Federal 

Advisory Committee Act (FACA), as 

amended, 5 U.S.C., App. 

The SAB Staff Office established the 

CASAC AAMM Subcommittee in early 

2004 as a standing subcommittee to 

provide the EPA Administrator, through 

the CASAC, with advice and 

recommendations, as necessary, on 

topical areas related to ambient air 

monitoring, methods and networks. The 

Committee and the Subcommittee 

comply with the provisions of FACA 

and all appropriate SAB Staff Office 

procedural policies. 

Background 

In response to a request from EPA’s 

Office of Air and Radiation (OAR), 

Office of Air Quality Planning and 

Standards (OAQPS), the CASAC AAMM 

Subcommittee conducted a peer review 

on the FRM for PM10–2.5 and a 

consultation on various particulate 

matter (PM) monitoring-related issues at 

a public meeting held September 21–22, 

2005 in Durham, NC. Subsequent to that 

meeting, the Subcommittee drafted an 

advisory report for the CASAC’s 

consideration. Detailed summary 

information on EPA’s proposed FRM for 

thoracic coarse particulate matter is 

contained in a previous Federal 

Register notice (70 FR 51353, August 

30, 2005). 

Availability of Meeting Materials 

The CASAC AAMM Subcommittee’s 

draft advisory report and the final 

agenda for this teleconference meeting 

will be posted on the SAB Web site at: 

http://www.epa.gov/sab/panels/ 

casac_aamm_subcom.html and http:// 

www.epa.gov/sab (under ‘‘Meeting 

Agendas’’), respectively, in advance of 

the CASAC teleconference. Written 

meeting materials and background 

information from the Subcommittee’s 

September 21–22, 2005 meeting are 

posted on the ‘‘CASAC File Area’’ page 

of EPA’s Ambient Monitoring 

Technology Information Center 

(AMTIC) Web site at: http:// 

www.epa.gov/ttn/amtic/casacinf.html. 

Questions concerning EPA’s ambient 

air monitoring efforts should be directed 

to Mr. Tim Hanley, OAQPS, at phone: 

(919) 541–4417; or e-mail: 

hanley.tim@epa.gov. Questions 

concerning the Agency’s FRM 

development efforts and PM10–2.5

measurement methods evaluation 

should be directed to Dr. Robert 

Vanderpool of EPA’s Office of Research 

and Development (ORD), National 

Exposure Research Laboratory (NERL), 

at phone: (919) 541–7877; or e-mail: 

vanderpool.robert@epa.gov. 

Procedures for Providing Public 

Comment 

The SAB Staff Office accepts written 

public comments of any length, and will 

accommodate oral public comments 

whenever possible. The SAB Staff Office 

expects that the public will not repeat 

previously-submitted oral or written 

statements. Oral Comments: Requests to 

provide oral comments must be in 

writing (e-mail, fax or mail) and 

received by Mr. Butterfield no later than 

October 27, 2005 to reserve time on the 

November 3, 2005 meeting agenda. 

Opportunities for oral comments will be 

limited to five minutes per speaker. 

Written Comments: Written comments 

should be received in the SAB Staff 

Office by October 28, 2005 so that the 

comments may be made available to the 

members of the members of the CASAC 

for their consideration. Comments 

should be supplied to Mr. Butterfield at 

the contact information provided above, 

in the following formats: one hard copy 

(original signature optional), or one 

electronic copy via e-mail (acceptable 

file format: Adobe Acrobat PDF, 

WordPerfect, Word, or Rich Text files 

(in IBM–PC/Windows 98/2000/XP 

format)).