62108 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices 

1For the purposes of the brownfields grant 

program, EPA will use the definition of nonprofit 

organizations contained in Section 4(6) of the 

Federal Financial Assistance Management 

Improvement Act of 1999, Public Law 106–107, 31 

U.S.C. 6101, Note. The term ‘‘nonprofit 

organization’’ means any corporation, trust, 

association, cooperative, or other organization that 

is operated mainly for scientific, educational, 

service, charitable, or similar purpose in the public 

interest; is not organized primarily for profit; and 

uses net proceeds to maintain, improve, or expand 

the operation of the organization. 

Dated: October 25, 2005. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 05–21544 Filed 10–27–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7989–9] 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) or Superfund, Section 

104(k); and CERCLA Section 104(d); 

‘‘ ‘Discounted Loans’ Under 

Brownfields Revolving Loan Fund 

Grants’’

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of the availability. 

SUMMARY: Pursuant to an October 17, 

2005 Memorandum signed by Thomas 

P. Dunne, Acting Assistant 

Administrator of EPA’s Office of Solid 

Waste and Emergency Response, 

Brownfields Revolving Loan Fund (RLF) 

grantees may provide discounted loans 

in certain situations. RLF grants are 

awarded to eligible entities provided in 

section 104(k)(1) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA), to capitalize RLF’s for 

brownfields cleanup. RLF grantees can 

use their EPA grant funds for loans and 

subgrants, as well as other eligible 

activities. 

The Office of Solid Waste and 

Emergency Response provides this 

policy in response to interest by RLF 

grantees awarded under CERCLA 

section 104(k) in issuing discounted 

loans as part of their RLF programs. 

Such loans were provided for in earlier 

policies that applied to Brownfields 

Cleanup Revolving Loan Fund (BCRLF) 

grants awarded under CERCLA section 

104(d). BCRLF grants were awarded 

starting FY1997 to FY2002, prior to the 

passage of the Small Business Liability 

Relief and Brownfields Revitalization 

Act (Brownfields Law). Several BCRLF 

grantees made discounted loans under 

CERCLA section 104(d) policies, thereby 

achieving cleanup goals. However, with 

the signing of the Brownfields Law, new 

RLF grants, awarded under 104(k) from 

FY2003 forward, were left with no 

provision for the use of discounted 

loans. This policy meets this need, 

giving RLF grantees additional options 

to achieve cleanup goals, in keeping 

with prudent lending practices. 

ADDRESSES: Mailing addresses for U.S. 

EPA Regional Offices and U.S. EPA 

Headquarters are provided in the 

Proposal Guidelines for Brownfields 

Assessment, Revolving Loan Fund and 

Cleanup Grants. Obtaining Proposal 

Guidelines: The proposal guidelines are 

available via the Internet: http:// 

www.epa.gov/brownfields. Copies of the 

Proposal Guidelines will also be mailed 

upon request. Requests should be made 

by calling the U.S. EPA Call Center at 

the following numbers: Washington, DC 

Metro Area at 703–412–9810, Outside 

Washington, DC Metro at 1–800–424–

9346, TDD for the Hearing Impaired at 

1–800–553–7672. 

FOR FURTHER INFORMATION CONTACT: Call 

Alison Evans at the U.S. EPA’s Office of 

Solid Waste and Emergency Response, 

Office of Brownfields Cleanup and 

Redevelopment, (202) 566–2777. 

SUPPLEMENTARY INFORMATION: This 

policy supersedes all previous 

memorandums and/or policies that 

address this practice for these grantees. 

It applies to: 

• RLF grants awarded under CERCLA 

section 104(k), 

• BCRLF grants originally awarded 

under CERCLA section 104(d) that have 

transitioned to section 104(k) as 

provided in section 104(k)(3)(D), and, 

• BCRLF grants awarded under 

CERCLA section 104(d) that have not 

transitioned. 

RLF grantees may offer discounted 

loans (also called ‘‘principal 

forgiveness’’) under the following 

conditions: 

I. Borrowers for Discounted Loans 

RLF grantees may offer discounted 

loans to those entities provided in 

CERCLA section 104(k)(1) including 

states, political subdivisions, and 

others, as well as nonprofit 

organizations.1 Private, for-profit 

entities are not eligible for discounted 

loans. 

II. Conditions for Individual 

Discounted Loans 

For an individual loan, the amount of 

principal discounted may be any 

percentage of the total loan amount up 

to 30 percent, provided that the total 

amount of the principal forgiven shall 

not exceed $200,000. For example, a 

loan of $600,000 may be discounted at 

30 percent, resulting in $180,000 in 

principal forgiven. However, a loan of 

$800,000, could only be discounted at 

25 percent, resulting in $200,000 in 

principal forgiven (any discount above 

25 percent, in this case, would result in 

more than $200,000 in principal 

forgiven, which is not provided for 

under this policy). In addition to these 

terms, a discounted loan may not be 

used in combination with a subgrant at 

a single site. 

III. Conditions for RLF Grant 

Management When Discounted Loans 

Are Employed 

For an RLF grant budget as a whole, 

the total dollar amount of principal 

forgiven through discounted loans plus 

the amount subgranted shall not exceed 

a total of 40% of RLF grant funds 

awarded. 

Background 

On January 11, 2002, President George 

W. Bush signed into law the Small 

Business Liability Relief and 

Brownfields Revitalization Act. This act 

amended the Comprehensive 

Environmental Response, Compensation 

and Liability Act to authorize Federal 

financial assistance for brownfields 

revitalization, including grants for 

assessment, cleanup, and job training. 

Funding for the brownfields grants is 

authorized under section 104(k) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as amended, (CERCLA), 42 

U.S.C. 9604(k). Eligibility for 

brownfields assessment and revolving 

loan fund grants is limited to ‘‘eligible 

entities’’ as defined in section 104(k)(1) 

of CERCLA. These include a General 

Purpose Unit of Local Government; 

Land Clearance Authority or other 

quasi-governmental entity that operates 

under the supervision and control of, or 

as an agent of, a general purpose unit of 

local government; Governmental Entity 

Created by State Legislature; Regional 

council or group of general purpose 

units of local government; 

Redevelopment Agency that is chartered 

or otherwise sanctioned by a state; State; 

Indian Tribe other than in Alaska; and 

Alaska Native Regional Corporation, 

Alaska Native Village Corporation, and 

Metlakatla Indian Community. 

Eligibility for brownfields cleanup 

grants is limited to ‘‘eligible entities’’

and nonprofits. 

In addition, Intertribal Consortia, 

other than those composed of ineligible 

Alaskan tribes, are eligible to apply for 

the brownfields assessment, revolving 

loan fund, and cleanup grants. 

Coalitions of eligible governmental 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices 62109 

entities are eligible to apply for the 

brownfields revolving loan fund grants, 

but only one member of the coalition 

may receive a cooperative agreement. 

Dated: October 24, 2005. 

Linda Garczynski, 

Director, Office of Brownfields Cleanup and 

Redevelopment, Office of Solid Waste and 

Emergency Response. 

[FR Doc. 05–21530 Filed 10–27–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0247; FRL–7735–2] 

Pennsylvania and Virginia State Plans 

for Certification of Applicators of 

Restricted Use Pesticides; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intent. 

SUMMARY: The States of Pennsylvania 

and Virginia have submitted to EPA 

amendments to their respective State 

Plans for Certification and Training of 

Applicators of Restricted Use Pesticides. 

The proposed amendments add new 

commercial categories for vertebrate 

pest control. Notice is hereby given of 

the intention of the Regional 

Administrator, Region III, to approve the 

revised Pennsylvania and Virginia Plans 

for the Certification of Applicators of 

Restricted Use Pesticides. EPA is 

soliciting comments on the proposed 

amendments. 

DATES: Comments must be received on 

or before November 28, 2005. 

ADDRESSES: Comments, identified by 

docket identification (ID) number OPP–

2005–0247, may be submitted 

electronically, by mail, or through hand 

delivery/courier. Follow the detailed 

instructions as provided in Unit I. of the 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Fabiola Estrada, USEPA Region III, 

Pesticide/Asbestos Programs and 

Enforcement Branch (3WC32), 1650 

Arch St., Philadelphia, PA 19103–2029; 

telephone number: (215) 814–2171; email address: Estrada.Fabiola@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to those involved in 

agriculture and anyone involved with 

the distribution and application of 

pesticides for agricultural purposes. 

Others involved with pesticides in a 

non-agricultural setting may also be 

affected. In addition, it may be of 

interest to others, such as, those persons 

who are or may be required to conduct 

testing of chemical substances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), or the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). 

Since other entities may also be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2005–

0247. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays. The docket 

telephone number is (703) 305–5805. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings 

athttp://www.epa.gov/fedrgstr/. 

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. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search’’ then key in 

the appropriate docket ID number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in 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. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

In addition to the sources listed in 

this unit, you may obtain copies of the 

amended Pennsylvania and Virginia 

Certification Plans, other related 

documents, or additional information by 

contacting: 

1. Fabiola Estrada at the address listed 

under FOR FURTHER INFORMATION

CONTACT.