Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 1373 

of the decisional record, the prohibited 

off-the-record communication will not 

be considered by the Commission in 

reaching its decision. Parties to a 

proceeding may seek the opportunity to 

respond to any facts or contentions 

made in a prohibited off-the-record 

communication, and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e)(1)(v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. The communications 

listed are grouped by docket numbers in 

ascending order. These filings are 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the eLibrary 

link. Enter the docket number, 

excluding the last three digits, in the 

docket number field to access the 

document. For assistance, please contact 

FERC, Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

Docket No. File date Presenter or 

requestor 

Prohibited 

1. IS10–56–000 ..................................................................................................................... 12–22–09 Nash McMahan. 

2. Project 11858–000 ............................................................................................................ 12–23–09 Larry Rannals. 

3. CP09–6–000, CP09–7–000 ............................................................................................... 12–17–09 John Hempton. 

4. CP09–6–000, CP09–7–000 ............................................................................................... 12–17–09 Linda Martin. 

5. CP09–6–000, CP09–7–000 ............................................................................................... 12–17–09 Paul Sansone. 

Exempt 

1. CP09–6–000, CP09–7–000 ............................................................................................... 12–23–09 Marron Dooney and Jim Miller. 

2. CP09–6–000, CP09–7–000 ............................................................................................... 12–23–09 Olivia Schmidt. 

3. CP09–6–000, CP09–7–000 ............................................................................................... 12–23–09 Chuck and Cindy Straughan. 

4. CP09–6–000 ...................................................................................................................... 12–14–09 Hon. Ron Wyden. 

5. CP09–35–000 .................................................................................................................... 12–8–09 John G. Wadsworth. 

6. Project No. 3052–000 ........................................................................................................ 12–23–09 Mark Aumann.1

7. Project No. 3052–000 ........................................................................................................ 12–22–09 Hon. Ron Kind. 

8. Project No. 13011–000 ...................................................................................................... 12–8–09 John Baummer.2

9. Project No. 13011–000 ...................................................................................................... 12–8–09 John Baummer.3

1 Record of e-mail exchange. 

2 Record of e-mail exchange with Gary Lowe, et al. 3 Record of e-mail exchange with Daniel Heacock. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–181 Filed 1–8–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OW–FRL–9101–6] 

Beaches Environmental Assessment 

and Coastal Health Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability of 2010 

BEACH Act Grants. 

SUMMARY: Section 406(b) of the Clean 

Water Act (CWA) as amended by the 

Beaches Environmental Assessment and 

Coastal Health (BEACH) Act authorizes 

EPA to award program development and 

implementation grants to eligible States, 

territories, Tribes, and local 

governments to support microbiological 

monitoring and public notification of 

the potential for exposure to diseasecausing microorganisms in coastal 

recreation waters, including the Great 

Lakes. EPA encourages coastal and 

Great Lakes States and Tribes that have 

received BEACH Act grants in the past 

to apply for 2010 BEACH Act grants to 

implement effective and comprehensive 

coastal recreation water monitoring and 

public notification programs 

(‘‘implementation grants’’). EPA also 

encourages eligible coastal and Great 

Lakes Tribes to apply for 2010 BEACH 

Act grants to develop effective and 

comprehensive coastal recreation water 

monitoring and public notification 

programs (‘‘development grants’’). 

DATES: States, Erie County, 

Pennsylvania, and Tribes that 

previously received BEACH Act grants 

must submit applications on or before 

March 12, 2010. Other eligible Tribes 

should notify the relevant EPA Regional 

BEACH Act grant coordinator of their 

interest in applying for a grant on or 

before February 25, 2010. Upon receipt 

of a Tribe’s notice of interest, EPA will 

establish an appropriate application 

deadline. 

ADDRESSES: You must send your 

application to the appropriate EPA 

Regional grant coordinator listed in this 

notice under Section VI, Grant 

Coordinators. 

FOR FURTHER INFORMATION CONTACT: Lars 

Wilcut, 1200 Pennsylvania Ave., NW., 

(4305T), Washington, DC 20460. 

Telephone: (202) 566–0447. E-mail: 

wilcut.lars@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

What Is the BEACH Act? 

The Beaches Environmental 

Assessment and Coastal Health 

(BEACH) Act of 2000 amends the Clean 

Water Act to better protect public health 

at our nation’s beaches through 

improved water quality standards and 

beach monitoring and notification 

programs. The BEACH Act authorizes 

EPA to award grants to develop and 

implement monitoring and public 

notification programs for coastal 

recreation waters, consistent with EPA’s 

required performance criteria. EPA 


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published the required performance 

criteria for grants in its National Beach 

Guidance and Required Performance 

Criteria for Grants (EPA–823–B–02– 

004), on July 19, 2002. Currently, all 37 

eligible States and Tribes operate beach 

monitoring and notification programs 

using BEACH Act grant funds. 

What Is the Statutory Authority for 

BEACH Act Grants? 

The general statutory authority for 

BEACH Act grants is section 406(b) of 

the Clean Water Act, as amended by the 

BEACH Act, Public Law 106–284, 114 

Stat. 970 (2000). It provides that, ‘‘(T)he 

Administrator may make grants to States 

and local governments to develop and 

implement programs for monitoring and 

notification for coastal recreation waters 

adjacent to beaches or similar points of 

access that are used by the public.’’ 

CWA section 406(b)(2)(A), however, 

limits EPA’s ability to award 

implementation grants only to those 

States and Tribes that meet certain 

requirements (see Section II, Funding 

and Eligibility, below for information on 

specific requirements). 

What Activities Are Eligible for Funding 

Under the FY 2010 Grants? 

In fiscal year 2010, EPA intends to 

award grants authorized under CWA 

section 406(b) to eligible States and 

Tribes to support the implementation of 

coastal recreation water monitoring and 

public notification programs that are 

consistent with EPA’s required 

performance criteria for implementation 

grants. Also in fiscal year 2010, EPA 

intends to award development grants to 

eligible Tribes to support the 

development of coastal recreation water 

monitoring and public notification 

programs that are consistent with EPA’s 

performance criteria for grants. EPA 

published the required performance 

criteria for grants in its National Beach 

Guidance and Required Performance 

Criteria for Grants (EPA–823–B–02– 

004), on July 19, 2002. A notice of 

availability of the document was 

published in the Federal Register (67 

FR 47540, July 19, 2002). This 

document can be found on EPA’s Web 

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

waterscience/beaches/grants. Copies of 

the document may also be obtained by 

writing, calling, or e-mailing: Office of 

Water Resource Center, U.S. 

Environmental Protection Agency, Mail 

Code RC–4100, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

(Phone: 202–566–1731 or e-mail: 

center.water-resource@epa.gov.) 

II. Funding and Eligibility 

Who Is Eligible To Apply for BEACH Act 

Grants? 

Coastal and Great Lake States that 

meet the requirements of CWA section 

406(b)(2)(A) are eligible for grants in 

fiscal year 2010 to implement 

monitoring and notification programs. 

The definition of the term ‘‘State’’ in 

CWA section 502 includes the District 

of Columbia, and current U.S. 

territories: the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands. Tribes may also be eligible for 

BEACH Act grants. In order to be 

eligible, a Tribe must have coastal 

recreation waters adjacent to beaches or 

similar points of access that are used by 

the public, and the Tribe must 

demonstrate that it meets the ‘‘treatment 

in the same manner as a State’’ criteria 

in CWA section 518(e) for the purposes 

of receiving a section 406 BEACH Act 

grant. 

Are Local Governments Eligible for 

Funding? 

CWA section 406(b)(2)(B) authorizes 

EPA to make a grant to a local 

government for implementation of a 

monitoring and notification program 

only if, after July 19, 2003, EPA 

determines that the State within which 

the local government has jurisdiction is 

not implementing a program that meets 

the requirements of CWA section 406(b), 

which includes a requirement that the 

program is consistent with the 

performance criteria in National Beach 

Guidance and Required Performance 

Criteria for Grants. EPA has awarded an 

implementation grant to Erie County, 

Pennsylvania, the local government 

implementing the beach monitoring and 

notification program for all of 

Pennsylvania’s coastal recreation 

waters. Local governments may contact 

their EPA Regional Office for further 

information about BEACH Act grants. 

How May Tribes Apply for BEACH Act 

Development Grants and How Much 

Funding Is Available for Tribes? 

Section 518(e) of the CWA authorizes 

EPA to treat eligible Indian Tribes in the 

same manner as States for the purpose 

of receiving CWA section 406 grant 

funding. For fiscal year 2010, EPA will 

make $100,000 available to eligible 

Tribes. In order to be eligible for a CWA 

section 406 development grant, a Tribe 

must have coastal recreation waters 

adjacent to beaches or similar points of 

access that are used by the public. The 

phrase ‘‘coastal recreation waters’’ is 

defined in CWA section 502(21) to mean 

the Great Lakes and marine coastal 

waters (including coastal estuaries) that 

are designated under CWA section 

303(c) for use for swimming, bathing, 

surfing, or similar water contact 

activities. The statute explicitly 

excludes from the definition inland 

waters and waters upstream of the 

mouth of a river or stream having an 

unimpaired natural connection with the 

open sea. In addition, a Tribe must 

demonstrate that it meets the ‘‘treatment 

in the same manner as a State’’ (TAS) 

criteria contained in CWA section 

518(e) for purposes of receiving a CWA 

section 406 grant. To demonstrate TAS, 

the Tribe must show that it: (1) Is 

Federally recognized; (2) has a 

governing body carrying out substantial 

governmental duties and powers; (3) 

will be exercising functions pertaining 

to waters within the reservation; and (4) 

is reasonably expected to be capable of 

carrying out the functions consistent 

with the CWA and all applicable 

regulations. EPA encourages those 

Tribes with coastal recreation waters to 

contact their EPA Regional BEACH Act 

grant coordinator for further information 

regarding the application process as 

soon as possible. 

Are There Any Additional Eligibility 

Requirements and Grant Conditions 

Applicable to States and Tribes? 

Yes, there are additional eligibility 

requirements and grant conditions. 

First, CWA section 406(b)(2)(A) 

provides that EPA may only award a 

grant to implement a monitoring and 

notification program if: 

(i) The program is consistent with the 

performance criteria published by the 

Administrator under CWA section 

406(a); 

(ii) The State or local government 

prioritizes the use of grant funds for 

particular coastal recreation waters 

based on the use of the water and the 

risk to human health presented by 

pathogens or pathogen indicators; 

(iii) The State or local government 

makes available to the Administrator the 

factors used to prioritize the use of 

funds under clause (ii); 

(iv) The State or local government 

provides a list of discrete areas of 

coastal recreation waters that are subject 

to the program for monitoring and 

notification for which the grant is 

provided that specifies any coastal 

recreation waters for which fiscal 

constraints will prevent consistency 

with the performance criteria under 

CWA section 406(a); and 

(v) The public is provided an 

opportunity to review the program 

through a process that provides for 


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public notice and an opportunity for 

comment. 

Second, CWA section 406(c) requires 

that as a condition of receipt of a CWA 

section 406 grant, a State or local 

government program for monitoring and 

notification must identify: 

(1) Lists of coastal recreation waters in 

the State, including coastal recreation 

waters adjacent to beaches or similar 

points of access that are used by the 

public; 

(2) In the case of a State program for 

monitoring and notification, the process 

by which the State may delegate to local 

governments responsibility for 

implementing the monitoring and 

notification program; 

(3) The frequency and location of 

monitoring and assessment of coastal 

recreation waters based on— 

(A) The periods of recreational use of 

the waters; 

(B) The nature and extent of use 

during certain periods; 

(C) The proximity of the waters to 

known point sources and nonpoint 

sources of pollution; and 

(D) Any effect of storm events on the 

waters; 

(4)(A) The methods to be used for 

detecting levels of pathogens and 

pathogen indicators that are harmful to 

human health; and 

(B) The assessment procedures for 

identifying short-term increases in 

pathogens and pathogen indicators that 

are harmful to human health in coastal 

recreation waters (including increases in 

relation to storm events); 

(5) Measures for prompt 

communication of the occurrence, 

nature, location, pollutants involved, 

and extent of any exceeding of, or 

likelihood of exceeding, applicable 

water quality standards for pathogens 

and pathogen indicators to— 

(A) The Administrator, in such form 

as the Administrator determines to be 

appropriate; and 

(B) A designated official of a local 

government having jurisdiction over 

land adjoining the coastal recreation 

waters for which the failure to meet 

applicable standards is identified; 

(6) Measures for the posting of signs 

at beaches or similar points of access, or 

functionally equivalent communication 

measures that are sufficient to give 

notice to the public that the coastal 

recreation waters are not meeting or are 

not expected to meet applicable water 

quality standards for pathogens and 

pathogen indicators; and 

(7) Measures that inform the public of 

the potential risks associated with water 

contact activities in the coastal 

recreation waters that do not meet 

applicable water quality standards. 

Third, as required by CWA section 

406(b)(3)(A) and the National Beach 

Guidance and Required Performance 

Criteria for Grants, recipients of a CWA 

section 406 grant must submit to EPA, 

in such format and at such intervals as 

EPA determines to be appropriate, a 

report that describes: 

(1) Data collected as part of the 

program for monitoring and notification 

as described in section 406(c), and 

(2) Actions taken to notify the public 

when water quality standards are 

exceeded. Grant recipients must submit 

to EPA both the monitoring and 

notification reports for any beach season 

by January 31 of the year following the 

beach season. For the 2010 beach 

season, the deadline for States to submit 

complete and correct reports is January 

31, 2011. EPA first established this 

report submission deadline in the 

Federal Register notice for the fiscal 

year 2003 grants (68 FR 15446, 15449 

(March 31, 2003)). 

Fourth, grant recipients must report to 

EPA, latitude, longitude and mileage 

data on: 

(1) The extent of beaches and similar 

points of public access adjacent to 

coastal recreation waters, and 

(2) The extent of those beaches that 

are monitored. 

EPA first established this requirement 

in the Federal Register notice for the 

fiscal year 2003 grants (68 FR 15446, 

15447 (March 31, 2003)). EPA is 

continuing this requirement in order to 

capture any changes States, Tribes or 

local governments may make to their 

beach monitoring and notification 

programs. States, Tribes or local 

governments must report to EPA any 

changes to either the extent of their 

beaches or similar points of access, or to 

the extent of their beaches that are 

monitored. 

How Much Funding Is Available? 

For fiscal year 2010, the total 

available for BEACH Act grants is 

expected to be $9,900,000. EPA expects 

to award all but $100,000 to eligible 

States for implementation grants. EPA 

intends to award the remaining 

$100,000 to eligible Tribes. If EPA does 

not award any grants to eligible Tribes, 

EPA will redistribute the money to 

eligible States using the base allocation 

formula described below. 

How Will the Funding for States Be 

Allocated? 

For fiscal year 2010, EPA expects to 

award grants to all eligible States who 

apply for funding based on a new grant 

allocation formula that combines the 

formula that the Agency originally 

developed in 2002 (‘‘base allocation 

formula’’) with a new allocation formula 

(the ‘‘supplemental allocation formula’’). 

In an August 13, 2008, Federal Register 

notice, EPA announced that it was 

considering this change to the allocation 

formula and that the Agency expected 

that the change would be effective with 

the award of the 2010 BEACH Act grants 

(73 FR 47154). Because EPA developed 

the supplemental formula with 

substantial input from more than 25 

States over a 12-month period and 

received very few comments on that 

notice, the Agency decided not to 

reconvene the workgroup that discussed 

changes to the formula. Instead, EPA 

notified all the States receiving 

implementation grants of the Agency’s 

intention to proceed with the formula as 

described in the August 13, 2008, 

notice, with one change. The agency 

reviewed State spending from 2001 to 

2006, not to 2007 as incorrectly 

described in the 2008 notice. This gives 

States and territories a three-year 

cushion to account for differences in the 

way they fund their beach-related 

activities consistent with the intention 

stated in the notice. The base allocation 

formula is used for the first $10 million 

of BEACH Act grants and uses three 

factors: (1) Beach season length, (2) 

shoreline miles, and (3) coastal county 

population. The supplemental 

allocation formula uses two factors: (1) 

Beach miles and (2) beach use. 

What Is the Base Allocation Formula? 

The base allocation formula sums 

three parts. The first part varies with the 

length of the beach season. This amount 

is scaled in $50,000 increments from 

$150,000 for States with the shortest 

beach seasons to $300,000 for those 

with the longest beach seasons. States 

and territories with long seasons are 

allotted two times the base amount of 

grant funds as those with short beach 

seasons (Table 1). The second part of the 

formula allocates half of the total 

remaining funds (i.e., what is left after 

subtracting the total base amount) on 

the basis of the ratio of shoreline miles 

in a State or territory to the total length 

of shoreline miles across the entire 

United States. For example, if a State 

has 4 percent of the total coastal and 

Great Lakes shoreline, that State would 

receive 4 percent of 50 percent (or 2 

percent of 100 percent) of total funds 

remaining after the Agency allotted the 

base amount (i.e., part one of the 

formula) to all States and territories. The 

third part of the formula allocates the 

remaining funds on the basis of the ratio 

of coastal population in a State or 

territory to the total coastal population. 

For example, if a State has 2 percent of 

the total coastal and Great Lakes 


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population, that State would receive 2 

percent of 50 percent (or 1 percent of 

100 percent) of the total funds 

remaining after the Agency allotted the 

funds for the first two parts. The 

following table summarizes the base 

allocation formula: 

TABLE 1—BEACH ACT GRANT BASE ALLOCATION FACTORS

For the factor— The part of the allocation is— 

Beach season length ........... < 3 months: $150,000 (States and territories with a season < 3 months receive season-based funding only.) 

3–4 months: $200,000. 

5–6 months: $250,000. 

> 6 months: $300,000. 

Shoreline miles ..................... 50% of funds remaining after allocation of season-based funding. 

Coastal population ............... 50% of funds remaining after allocation of season-based funding. 

How Have the Base Allocation Factors 

Changed Since the FY 2009 BEACH Act 

Grants Availability Notice? 

In 2009 and earlier years EPA used 

shoreline miles and coastal county 

population as surrogates for beach miles 

and beach use, respectively, in the 

BEACH Act grant allocation formula. 

Based on discussions with States 

through the allocation formula 

workgroup, beginning with the award of 

fiscal 2010 grants, the Agency is using 

shoreline miles and coastal county 

population as factors in the base 

allocation formula and not surrogates 

for beach mileage and beach use. Both 

factors provide a stable foundation for 

States in determining the resources 

available through BEACH Act grant 

funding for their beach monitoring and 

public notification programs. EPA is 

making beach miles and beach use 

factors in the supplemental allocation 

formula. 

How Are the Factors in the Base 

Allocation Formula Quantified? 

1. Beach Season Length 

EPA selected beach season length as 

a factor because it represents the 

amount of time in a year when a 

government would conduct its 

monitoring and notification program. 

The longer the beach season, the more 

resources a government would need to 

conduct monitoring and notification. 

The Agency obtained the information on 

the length of a beach season from 

information collected through the 

National Health Protection Survey of 

Beaches (EPA 823–F–00–0003, 

December 2000) for the States or 

territories that submitted a completed 

survey. However, because Alaska was 

not included in the survey, EPA 

estimated the beach season length for 

Alaska on the basis of air and water 

temperature, available information on 

recreation activities. EPA then grouped 

the States and territories into four 

categories of beach season lengths as 

shown in Table 2. 

TABLE 2—DISTRIBUTION OF STATES BY BEACH SEASON CATEGORY

For beaches in— The beach season category is— 

Alaska .................................................................................................................................................................... < 3 months. 

Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, Wisconsin.3–4 months. 

Alabama, Georgia, Louisiana, Mississippi, North Carolina, South Carolina ......................................................... 5–6 months. 

American Samoa, California, Florida, Guam, Hawaii, Northern Mariana, Puerto Rico, Texas, U.S. Virgin Islands.9–12 months. 

2. Shoreline Miles 

Shoreline miles data represent a 

reasonable estimate of the geographic 

extent over which a government would 

be expected to conduct monitoring. EPA 

used the National Oceanic and 

Atmospheric Administration (NOAA) 

publication, The Coastline of the United 

States (NOAA/PA 71046), to quantify 

shoreline miles. 

3. Coastal County Population 

EPA presently uses the coastal 

population of counties (from the 2000 

Census data) to quantify the coastal 

population that is wholly or partially 

within the State’s or territory’s legallydefined coastal zone. EPA intends to use 

data from the 2010 census when it 

becomes available. 

What Is the Supplemental Allocation 

Formula? 

The supplemental allocation formula 

is a formula for allocating funds beyond 

those allocated using the base allocation 

formula. The supplemental allocation 

formula will be used only for two 

purposes: (1) To allocate BEACH Act 

grant funds (beyond the first $10 

million) when the amount of funds 

appropriated for BEACH Act grants for 

a given fiscal year exceeds $10 million; 

and (2) to reallocate BEACH Act grant 

funds older than three years left unspent 

by States and territories. To determine 

the total amount of funds available for 

reallocation, EPA explained in the 

August 13, 2008, notice that it would 

evaluate State and territorial spending 

and reduce a State’s or territory’s 2010 

grant award by an amount equal to the 

amount of unexpended funds more than 

three years old. With today’s notice, 

EPA is implementing the approach the 

Agency outlined in the August 13, 2008, 

notice for 2010 and future years. 

The supplemental allocation formula 

sums two parts: beach length and beach 

use. Each part is weighted equally. The 

first part of the formula allocates half of 

the available funds on the basis of the 

ratio of beach miles in a State or 

territory to the total length of beach 

miles across the entire United States. 

The second part of the formula allocates 

the other half of the available funds on 

the basis of the ratio of beach use in a 

State or territory to the total beach use 

across the entire United States. For 

2010, EPA expects the amount available 

for the supplemental allocation formula 

to be $63,674. Table 3 summarizes the 

supplemental allocation formula: 


srobinson on DSKHWCL6B1PROD with NOTICES
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TABLE 3—BEACH ACT GRANT SUPPLEMENTAL ALLOCATION FACTORS

For the factor— The part of the allocation is— 

Beach miles .......................... 50% of funds available for the supplemental allocation formula. 

Beach use ............................ 50% of funds available for the supplemental allocation formula. 

Why Is EPA Adding a Supplemental 

Formula? 

Over the last three years, EPA 

reviewed the original BEACH Act grant 

allocation formula and recognized 

issues and some imbalance in the 

allocation of grant funds among States 

and territories. EPA sought input from 

the States by having them participate in 

a workgroup formed to review the 

allocation formula. EPA and the State 

workgroup subsequently identified and 

reviewed a range of options for 

improving the formula. The Agency 

outlined this process in the Federal 

Register notice published on August 13, 

2008 (73 FR 47154). 

EPA reviewed the data on the 

allocation and expenditure of grant 

funds and available options and 

concluded that some modest changes to 

how EPA allocates funds are 

appropriate. Based on its review, EPA 

has decided to make changes to the 

grant allocation formula using an 

incremental process, starting with 

modest changes to address outstanding 

needs. The first step in adjusting the 

grant formula uses two approaches: (1) 

Re-allocating older unused grant funds 

and (2) making changes to the formula 

elements that would be factored in for 

any appropriated funds for BEACH Act 

grants that exceed $10 million per fiscal 

year. 

How Are the Factors in the 

Supplemental Allocation Formula 

Quantified? 

1. Beach Miles 

EPA selected miles of beach as a 

factor because it determines the 

geographical extent over which a 

government would conduct monitoring 

if it monitored all its beaches. The more 

miles of beaches, the more resources a 

government would need to conduct 

monitoring. EPA has completed quality 

assurance testing of its beach mileage 

data on all but six of the 37 BEACH Act 

States and Tribes. For those States and 

Tribes for which EPA does not have 

data assessed for quality, the Agency 

estimated the length of beach miles 

based on data submitted by the affected 

jurisdictions. 

2. Beach Use 

EPA selected beach use as a factor 

because it reflects the magnitude of 

potential human exposure to pathogens 

at recreational beaches. Greater use of 

beaches makes it more likely that a 

government would need to increase 

monitoring frequency due to the larger 

number of people potentially exposed to 

pathogens. EPA used the 2001 NOAA 

publication, Current Recreation Patterns 

in Marine Recreation (Leeworthy, V.R. 

and P.C. Wiley, 2001), to obtain data on 

beach use in marine States. For Great 

Lakes States and the territories EPA 

estimated beach use based on the ratio 

of beach use to coastal county 

population in marine States in similar 

latitudes. This approach was first used 

in America’s North Coast: A benefit-cost 

analysis of a program to protect and 

restore the Great Lakes, published in 

2007 by the Great Lakes Coalition. EPA 

continues to work with NOAA and the 

United States Forest Service to survey 

Great Lakes beach use for its next 

update of the report, Current Recreation 

Patterns in Marine Recreation. When 

those data are available, EPA will use 

that instead of its current estimates. 

How Does EPA Expect To Allocate 2010 

BEACH Act Grant Funds? 

For 2010, the total available for 

BEACH Act grants is expected to be 

$9,900,000. Two Tribes, the Grand 

Portage Band of Chippewa (Minnesota) 

and the Makah Indian Nation, are 

expected to receive grants of $50,000 

each, leaving $9,800,000 for grants to 

States and territories, $63,674 of which 

will be allocated using the supplemental 

allocation formula. Assuming all 35 

States with coastal recreation waters 

apply and meet the statutory eligibility 

requirements for implementation grants 

(and have met the statutory grant 

conditions applicable to previously 

awarded section 406 grants), the 

distribution of the funds for year 2010 

is expected to be: 

For the State or territory of: The year 2010 allocation 

is expected to be: 

Portion of the total that 

is the supplemental 

allocation 

Alabama ................................................................................................................................... $264,000 $1,733 

Alaska ...................................................................................................................................... 86,000 0 

American Samoa ..................................................................................................................... 303,000 1,297 

California .................................................................................................................................. 520,000 3,035 

Connecticut .............................................................................................................................. 225,000 1,302 

Delaware .................................................................................................................................. 212,000 1,733 

Florida ...................................................................................................................................... 531,000 3,465 

Georgia .................................................................................................................................... 288,000 2,163 

Guam ....................................................................................................................................... 304,000 1,297 

Hawaii ...................................................................................................................................... 326,000 2,599 

Illinois ....................................................................................................................................... 245,000 1,739 

Indiana ..................................................................................................................................... 207,000 866 

Louisiana .................................................................................................................................. 323,000 866 

Maine ....................................................................................................................................... 256,000 1,733 

Maryland .................................................................................................................................. 271,000 2,169 

Massachusetts ......................................................................................................................... 257,000 2,599 

Michigan ................................................................................................................................... 281,000 3,029 

Minnesota ................................................................................................................................ 206,000 1,297 

Mississippi ................................................................................................................................ 259,000 1,297 

New Hampshire ....................................................................................................................... 206,000 1,302 

New Jersey .............................................................................................................................. 280,000 2,169 

New York ................................................................................................................................. 351,000 2,599 


srobinson on DSKHWCL6B1PROD with NOTICES
1378 Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 

For the State or territory of: The year 2010 allocation 

is expected to be: 

Portion of the total that 

is the supplemental 

allocation 

North Carolina .......................................................................................................................... 305,000 2,599 

Northern Marianas ................................................................................................................... 304,000 866 

Ohio ......................................................................................................................................... 225,000 1,302 

Oregon ..................................................................................................................................... 230,000 1,727 

Pennsylvania ............................................................................................................................ 224,000 1,302 

Puerto Rico .............................................................................................................................. 330,000 1,739 

Rhode Island ............................................................................................................................ 215,000 2,163 

South Carolina ......................................................................................................................... 299,000 2,599 

Texas ....................................................................................................................................... 386,000 2,599 

U.S. Virgin Islands ................................................................................................................... 304,000 866 

Virginia ..................................................................................................................................... 278,000 1,733 

Washington .............................................................................................................................. 272,000 2,157 

Wisconsin ................................................................................................................................. 227,000 1,733 

What if a State Does Not Apply or Does 

Not Qualify for Funding? 

EPA expects that all 35 States and 

territories will apply for a grant. If fewer 

than 35 States apply for the allocated 

amount, or if any applicant fails to meet 

the statutory eligibility requirements (or 

the statutory conditions applicable to 

previously awarded section 406 grants), 

then EPA will distribute available grant 

funds to eligible States in the following 

order: 

(1) States that meet the eligibility 

requirements for implementation grants 

and that have met the statutory 

conditions applicable to previously 

awarded section 406 grants will be 

awarded the full amount of funds 

allocated to the State under the formula 

described above. 

(2) EPA may award program 

implementation grants to local 

governments in States that the Agency 

determines have not met the 

requirements for implementation grants. 

(3) Consistent with CWA section 

406(h), EPA will use grant funds to 

conduct a beach monitoring and 

notification program in the case of a 

State that has no program for monitoring 

and notification that is consistent with 

EPA’s grant performance criteria. 

What if a State or Tribe Cannot Use All 

of Its Allocation? 

If a State or Tribe cannot use all of its 

allocation, the Regional Administrator 

may award the unused funds to any 

eligible coastal or Great Lake grant 

recipient in the Region for the 

continued development or 

implementation of its coastal recreation 

water monitoring and notification 

program. If, after re-allocation, there are 

still unused funds within the Region, 

EPA Headquarters will redistribute 

these funds to any eligible coastal or 

Great Lake BEACH Act grant recipient 

according to the supplemental formula 

described above. 

How Will the Funding for Tribes Be 

Allocated? 

EPA expects to apportion the funds 

set aside for Tribal grants evenly among 

all eligible Tribes that apply for funding. 

What Is the Expected Duration of 

Funding and Projects? 

The expected funding and project 

periods for implementation grants 

awarded in fiscal year 2010 is one year. 

Does EPA Require Matching Funds? 

Recipients do not have to provide 

matching funds for BEACH Act grants. 

EPA may establish a match requirement 

in the future based on a review of State 

program activity and funding levels. 

III. Eligible Activities 

Recipients of implementation grants 

may use funds for activities to support 

implementing a beach monitoring and 

notification program that is consistent 

with the required performance criteria 

for grants specified in the document, 

National Beach Guidance and Required 

Performance Criteria for Grants (EPA– 

823–B–02–004). Recipients of 

development grants may use the funds 

to develop a beach monitoring and 

notification program consistent with the 

performance criteria. 

IV. Selection Process 

EPA Regional Offices will award 

CWA section 406 grants through a noncompetitive process. EPA expects to 

award grants to all eligible State, Tribal, 

and territorial applicants that meet the 

applicable requirements described in 

this notice. 

Who Has the Authority To Award 

BEACH Act Grants? 

The Administrator has delegated the 

authority to award BEACH Act grants to 

the Regional Administrators. 

V. Application Procedure 

What Is the Catalog of Federal Domestic 

Assistance (CFDA) Number for the 

BEACH Monitoring and Notification 

Program Implementation Grants? 

The number assigned to the BEACH 

Act grants is 66.472, Program Code CU. 

Can BEACH Act Grant Funds Be 

Included in a Performance Partnership 

Grant? 

For fiscal year 2010, BEACH Act 

grants cannot be included in a 

Performance Partnership Grant. 

What Is the Application Process? 

Your application package should 

contain completed: 

• EPA SF–424 Application for 

Federal Assistance, and 

• Program Summary. 

In order for EPA to determine that a 

State or local government is eligible for 

an implementation grant, the applicant 

must submit documentation with its 

application to demonstrate that its 

program is consistent with the 

performance criteria. The Program 

Summary must contain sufficient 

technical detail for EPA to confirm that 

a program meets the statutory eligibility 

requirements and statutory grant 

conditions for previously awarded CWA 

section 406 grants listed in Section II 

(Funding and Eligibility) of this notice. 

The Program Summary must also 

describe how the State or local 

government used BEACH Act grant 

funds to develop and implement the 

beach monitoring and notification 

program, and how the program is 

consistent with the nine performance 

criteria in National Beach Guidance and 

Required Performance Criteria for 

Grants (EPA–823–B–02–004) which is 

found at http://www.epa.gov/ 

waterscience/beaches/grants/guidance/ 

index.html. The Program Summary 

should also describe the State or local 

program’s objectives for the grant year. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 1379 

States, Erie County, and Tribes that 

have previously been awarded BEACH 

Act grants must submit application 

packages to the appropriate EPA 

Regional Office by March 12, 2010. EPA 

will make an award after the Agency 

reviews the documentation and 

confirms that the program meets the 

applicable requirements. The Office of 

Management and Budget has authorized 

EPA to collect this information (BEACH 

Act Grant Information Collection 

Request, OMB control number 2040– 

0244). Please contact the appropriate 

EPA Regional Office for a complete 

application package. See Section VI for 

a list of EPA Regional Grant 

Coordinators or visit the EPA Beaches 

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

waterscience/beaches/contact.html on 

the Internet. 

What Should a Tribe’s Notice of Interest 

Contain? 

The Notice of Interest should include 

the Tribe’s name and the name and 

telephone number of a contact person. 

Are Quality Assurance and Quality 

Control (QA/QC) Required for 

Application? 

Yes. Three specific QA/QC 

requirements must be met to comply 

with EPA’s performance criteria for 

grants: 

(1) Applicants must submit 

documentation that describes the 

quality system implemented by the 

State, territory, Tribe, or local 

government. Documentation may be in 

the form of a Quality Management Plan 

or equivalent documentation. 

(2) Applicants must submit a quality 

assurance project plan (QAPP) or 

equivalent documentation. 

(3) Applicants are responsible for 

submitting documentation of the quality 

system and QAPP for review and 

approval by the EPA Quality Assurance 

Officer or his designee before they take 

primary or secondary environmental 

measurements. More information about 

the required QA/QC procedures is 

available in Chapter Four and Appendix 

H of National Beach Guidance and 

Required Performance Criteria for 

Grants (EPA–823–B–02–004). 

Are There Reporting Requirements? 

Recipients must submit annual 

performance reports and financial 

reports as required in 40 CFR 31.40 and 

31.41. The annual performance report 

explains changes to the beach 

monitoring and notification program 

during the grant year. It also describes 

how the grant funds were used to 

implement the program to meet the 

performance criteria listed in National 

Beach Guidance and Required 

Performance Criteria for Grants (EPA– 

823–B–02–004). The annual 

performance report required under 40 

CFR 31.40 is due no later than 90 days 

after the grant year ends. Recipients 

must also submit annual monitoring and 

notification reports required by the 

National Beach Guidance and Required 

Performance Criteria for Grants (EPA– 

823–B–02–004). Sections 2.2.3 and 4.3 

of the document contain the 

performance criterion requiring an 

annual monitoring report, and sections 

2.2.8 and 5.4 contain the performance 

criterion requiring an annual 

notification report. This document can 

be found at http://www.epa.gov/ 

waterscience/beaches/grants/. These 

reports, required to be submitted to EPA 

under CWA section 406(b)(3)(A) and the 

National Beach Guidance and Required 

Performance Criteria for Grants, include 

data collected as part of a monitoring 

and notification program. As a 

condition of award of an 

implementation grant, EPA requires that 

the monitoring report and the 

notification report for any beach season 

be submitted not later than January 31 

of the year following the beach season. 

(See Section II, Funding and Eligibility, 

above.) 

What Regulations and OMB Cost 

Circular Apply to the Award and 

Administration of These Grants? 

The regulations at 40 CFR Part 31 

govern the award and administration of 

grants to States, Tribes, local 

governments, and territories under CWA 

section 406(b). Allowable costs will be 

determined according to the cost 

principles outlined in 2 CFR Part 225. 

VI. Grant Coordinators 

Headquarters—Washington, DC 

Rich Healy, USEPA, 1200 Pennsylvania 

Ave., NW.—4305, Washington DC 

20460; T: 202–566–0405; F: 202–566– 

0409; healy.richard@epa.gov. 

Region 1—Connecticut, Maine, 

Massachusetts, New Hampshire, Rhode 

Island 

Matt Liebman, USEPA Region 1, One 

Congress St. Suite 1100—COP, 

Boston, MA 02114–2023; T: 617–918– 

1626; F: 617–918–1505; 

liebman.matt@epa.gov. 

Region 2—New Jersey, New York, Puerto 

Rico, U.S. Virgin Islands 

Helen Grebe, USEPA Region 2, 2890 

Woodbridge Ave. MS220, Edison, NJ 

08837–3679; T: 732–321–6797; F: 

732–321–6616; grebe.helen@epa.gov. 

Region 3—Delaware, Maryland, 

Pennsylvania, Virginia 

Denise Hakowski, USEPA Region 3, 

1650 Arch Street 3WP30, 

Philadelphia, PA 19103–2029; T: 215– 

814–5726; F: 215–814–2318; 

hakowski.denise@epa.gov. 

Region 4—Alabama, Florida, Georgia, 

Mississippi, North Carolina, South 

Carolina 

Joel Hansel, USEPA Region 4, 61 

Forsyth St. 15th Floor, Atlanta, GA 

30303–3415; T: 404–562–9274; F: 

404–562–9224; hansel.joel@epa.gov. 

Region 5—Illinois, Indiana, Michigan, 

Minnesota, Ohio, Wisconsin 

Holly Wirick, USEPA Region 5, 77 West 

Jackson Blvd. WT–16J, Chicago, IL 

60604–3507; T: 312–353–6704; F: 

312–886–0168; 

wirick.holiday@epa.gov. 

Region 6—Louisiana, Texas 

Mike Schaub, USEPA Region 6, 1445 

Ross Ave. 6WQ–EW, Dallas, TX 

75202–2733; T: 214–665–7314; F: 

214–665–6689; schaub.mike@epa.gov. 

Region 9—American Samoa, 

Commonwealth of the Northern 

Mariana Islands, California, Guam, 

Hawaii 

Terry Fleming, USEPA Region 9, 75 

Hawthorne St. WTR–2, San Francisco, 

CA 94105; T: 415–972–3462; F: 415– 

947–3537; fleming.terrence@epa.gov. 

Region 10—Alaska, Oregon, Washington 

Rob Pedersen, USEPA Region 10, 120 

Sixth Ave. OW–134, Seattle, WA 

98101; T: 206–553–1646; F: 206–553– 

0165; pedersen.rob@epa.gov. 

Dated: January 4, 2010. 

Peter S. Silva, 

Assistant Administrator for Water. 

[FR Doc. 2010–260 Filed 1–8–10; 8:45 am] 

BILLING CODE 6650–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9101–7] 

Clean Air Act Advisory Committee 

(CAAAC): Notice of Meeting 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of meeting. 

SUMMARY: The Environmental Protection 

Agency (EPA) established the Clean Air 

Act Advisory Committee (CAAAC) on 

November 19, 1990, to provide 

independent advice and counsel to EPA 

on policy issues associated with 


srobinson on DSKHWCL6B1PROD with NOTICES