4190 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What Should I Consider when I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What Information Collection Activity or 

ICR Does this Apply to? 

Affected entities: Entities potentially 

affected by this action are business and 

other for-profit, as well as State, Local, 

and Tribal governments. 

Title: Reporting Requirements Under 

EPA’s National Partnership For 

Environmental Priorities. 

ICR numbers: EPA ICR No. 2076.03, 

OMB Control No. 2050–0190. 

ICR status: This ICR is currently 

scheduled to expire on May 31, 2009. 

An Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

part 9, are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

part 9. 

Abstract: EPA currently has an 

ongoing national program that, through 

source reduction, reuse, and recycling, 

encourages a reduction in use or the 

minimization of release of hazardous 

chemicals. Participation in the National 

Partnership for Environmental Priorities 

(NPEP) (previously the National Waste 

Minimization Partnership Program) is 

completely voluntary. Participation 

begins when the Enrollment Form is 

submitted and accepted by EPA. The 

form asks for basic site identification 

information as well as information on 

the company’s chemical reduction goals 

under the program. 

Once in the program, partners will 

also have an opportunity to complete 

and submit a Success Story when they 

have accomplished steps toward 

reaching the goal(s) established during 

their enrollment in the program. The 

Success Story also serves as the 

application for the NPEP Achievement 

Award. These Success Stories will be 

available on EPA’s National Waste 

Minimization Program Web site. Each 

success story will describe a partner’s 

waste minimization techniques, 

implementation problems, lessons 

learned, benefits, and relevant 

implications. These forms will enable 

the Agency to establish a partner’s 

progress and the overall success of the 

program. They will also allow the 

Agency to recognize partner 

accomplishments in a formal manner, if 

appropriate (e.g., at a recognition 

ceremony or by congratulatory letter). 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 16 hours per 

response for the Enrollment Form and 9 

hours per response for the Success 

Stories. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 163. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

642. 

Estimated total annual costs: $0. This 

includes an estimated burden cost of $0 

capital investment and $0 maintenance 

and operational costs. 

What is the Next Step in the Process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: January 9, 2009. 

Matt Hale, 

Director, Office of Solid Waste. 

[FR Doc. E9–1424 Filed 1–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OW–FRL–8765–6] 

Beaches Environmental Assessment 

and Coastal Health Act 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Availability of 2009 

BEACH Act Grants. 

SUMMARY: The Beaches Environmental 

Assessment and Coastal Health 

(BEACH) Act, signed into law on 

October 10, 2000, amended the Clean 

Water Act (CWA), to incorporate 

provisions to reduce the risk of illness 

to users of the Nation’s recreational 

waters. Section 406(b) of the CWA, as 

amended by the BEACH Act, authorizes 

the U.S. Environmental Protection 

Agency (EPA) to award grants to eligible 

States, Territories, Tribes, and local 

governments to develop and implement 

programs for monitoring coastal 

recreation waters, including the Great 

Lakes, and notifying the public of the 

potential exposure to disease-causing 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4191 

microorganisms in these waters. EPA 

encourages coastal and Great Lakes 

States to apply for BEACH Act grants to 

implement effective and comprehensive 

coastal recreation water monitoring and 

public notification programs 

(‘‘implementation grants’’). EPA also 

encourages coastal and Great Lakes 

Tribes to apply for BEACH Act grants to 

develop effective and comprehensive 

coastal recreation water monitoring and 

public notification programs 

(‘‘development grants’’). 

DATES: States, Erie County 

Pennsylvania, and those Tribes that 

previously received BEACH Act grants, 

must submit applications on or before 

March 24, 2009. Other eligible Tribes 

should notify the relevant EPA Regional 

BEACH Act grant coordinator of their 

interest in applying for a grant on or 

before March 9, 2009. 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 SUPPLEMENTARY

INFORMATION, Section VI. 

FOR FURTHER INFORMATION CONTACT: Rich 

Healy, 1200 Pennsylvania Ave., NW., 

(4305T), Washington, DC 20460, 202– 

566–0405, healy.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Grant Program 

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 2009 Grants? 

In fiscal year 2009, EPA intends to 

award grants authorized under CWA 

section 406(b) to eligible States 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 2009, 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 email: 

center.water-resource@epa.gov). 

II. Funding and Eligibility 

Who Is Eligible To Apply for These 

Implementation Grants? 

Coastal and Great Lake States that 

meet the requirements of CWA section 

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

fiscal year 2009 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. 

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 awards 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 2009, EPA will 

make $100,000 available for 

development grants 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 

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4192 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

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 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 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 2009 beach season, the 

deadline for states to submit complete 

and correct reports is January 31, 2010. 

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 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 2009, 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 in development grants to 

eligible Tribes. If EPA does not award 

any grants to eligible Tribes, EPA will 

redistribute the money to eligible States 

using the allocation formula described 

below. 

How Will the Funding for States Be 

Allocated? 

For fiscal year 2009, EPA expects to 

award grants to all eligible States who 

apply for funding based on the 

allocation formula that the Agency 

developed for awarding BEACH Act 

grant funds in 2002. The allocation 

formula uses three factors: (1) Beach 

season length, (2) beach miles, and (3) 

beach use. 

(1) Beach Season Length 

EPA selected beach season length as 

a factor because it determines the part 

of the year when a government would 

conduct its monitoring program. The 

longer the beach season, the more 

resources a government would need to 

conduct monitoring. The Agency 

obtained the information on the length 

of a beach season from the National 

Health Protection Survey of Beaches for 

the States that submitted a completed 

survey. EPA estimated the beach season 

length for Alaska based on air and water 

temperature, available information on 

recreation activities, and data from the 

1993 National Water Based Recreation 

Survey. EPA grouped the States into 

four categories of beach season lengths: 

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 Marianas, Puerto 

Rico, Texas, U.S. Virgin Islands.

9–12 months. 

(2) Beach Miles 

EPA selected miles of beach as a 

factor because it determines the 

geographical extent over which a 

government would conduct monitoring. 

The more miles of beaches, the more 

resources a government would need to 

conduct monitoring. EPA does not have 

beach mileage data in a format that can 

be used for the allocation formula at this 

time. Therefore, EPA is using shoreline 

miles as a surrogate for beach miles in 

the allocation formula. Shoreline miles 

data overestimates beach miles in some 

States; however, this is the best way to 

estimate beach miles until complete 

beach mile data become available. EPA 

used the National Oceanic and 

Atmospheric Administration (NOAA) 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4193 

publication, The Coastline of the United 

States, to quantify shoreline miles. 

(3) 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 continues to use the 

coastal population of counties (based on 

the 2000 Census data) to quantify the 

coastal population that is wholly or 

partially within the State’s legallydefined coastal zone, as a surrogate for 

actual beach usage. 

The allocation formula sums the three 

parts. The first part is a base amount for 

all States that varies with the length of 

the beach season. The second part 

distributes 50% of the total remaining 

funds based on the ratio of shoreline 

miles in a State to the total length of 

shoreline miles across the entire United 

States. For example, if a State has 4% 

of the total coastal and Great Lakes 

shoreline, that State would receive 4% 

of 50% (or 2%) of total funds remaining 

after the Agency distributed the funds 

for part one. The third part distributes 

the remaining 50% based on the ratio of 

coastal population in a State to the total 

coastal population in the United States. 

For example, if a State has 2% of the 

total coastal and Great Lakes 

population, that State would receive 2% 

of 50% (or 1%) of the total funds 

remaining after the Agency distributes 

the funds based on the first two parts. 

The following table summarizes the 

allocation formula: 

For the factor: The part of the allocation is: 

Beach season 

length.

< 3 months: $150,000 

(States with a season <3 

months receive seasonbased funding only.) 

3–4 months: $200,000 

5–6 months: $250,000 

>6 months: $300,000 

Shoreline 

miles.

determined based on the 

ratio of shoreline miles in 

a State/Territory to the 

total length of shoreline 

miles across the United 

States and is taken from 

50% of funds remaining 

after allocation of seasonbased funding. 

For the factor: The part of the allocation is: 

Coastal population.determined based on the 

ratio of coastal population 

in a State/Territory to the 

total coastal population in 

the United States and is 

taken from 50% of funds 

remaining after allocation 

of season-based funding 

and funding based on 

shoreline miles. 

For 2009, the total available for 

BEACH Act grants to States is expected 

to be $9,800,000. 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 2009 

is expected to be: 

For the State of: 

The year 2009 

allocation is 

expected to 

be: 

Alabama ................................ $262,000 

Alaska ................................... 150,000 

American Samoa .................. 302,000 

California ............................... 517,000 

Connecticut ........................... 223,000 

Delaware ............................... 211,000 

Florida ................................... 528,000 

Georgia ................................. 286,000 

Guam .................................... 303,000 

Hawaii ................................... 323,000 

Illinois .................................... 243,000 

Indiana .................................. 206,000 

Louisiana .............................. 322,000 

Maine .................................... 255,000 

Maryland ............................... 269,000 

Massachusetts ...................... 254,000 

Michigan ............................... 278,000 

Minnesota ............................. 204,000 

Mississippi ............................ 257,000 

New Hampshire .................... 205,000 

New Jersey ........................... 278,000 

New York .............................. 348,000 

North Carolina ...................... 302,000 

Northern Marianas ................ 303,000 

Ohio ...................................... 224,000 

Oregon .................................. 229,000 

Pennsylvania ........................ 222,000 

Puerto Rico ........................... 328,000 

Rhode Island ........................ 213,000 

South Carolina ...................... 297,000 

Texas .................................... 383,000 

U.S. Virgin Islands ................ 303,000 

Virginia .................................. 277,000 

Washington ........................... 270,000 

Wisconsin ............................. 225,000 

How does the allocation described 

above relate to the August 13, 2008 

Federal Register Notice regarding the 

Beach Grant Allocation Formula? 

On August 13, 2008, EPA published 

proposed changes to the allocation 

formula that the Agency expects to 

implement starting with the BEACH Act 

grants to be awarded in 2010 (73 FR 

47154). Today’s notice announcing the 

availability of BEACH Act grants to be 

awarded in 2009 is not affected by the 

notice EPA published on August 13, 

2008. 

What If a State Does Not Apply or Does 

Not Qualify for Funding? 

EPA expects that all 35 States 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 their coastal 

recreation water monitoring and 

notification program(s). If, after reallocation, 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. 

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 2009 is one year. 

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4194 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

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, Tribe, 

and Territory 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 2009, 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 

your 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 next year. 

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 24, 2009. 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, 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4195 

Washington, DC 20460; T: 202–566– 

0405; F: 202–566–0409; 

healy.richard@epa.gov. 

Region I—Connecticut, Maine, 

Massachusetts, New Hampshire, Rhode 

Island 

Matt Liebman USEPA Region I, One 

Congress St., Suite 1100–COP, Boston, 

MA 02114–2023; T: 617–918–1626; F: 

617–918–1505; liebman.matt@epa.gov. 

Region II—New Jersey, New York, 

Puerto Rico, U.S. Virgin Islands 

Helen Grebe USEPA Region II, 2890 

Woodbridge Ave., MS220, Edison, NJ 

08837–3679; T: 732–321–6797; F: 732– 

321–6616; grebe.helen@epa.gov. 

Region III—Delaware, Maryland, 

Pennsylvania, Virginia 

Denise Hakowski USEPA Region III, 

1650 Arch Street, 3WP30, Philadelphia, 

PA 19103–2029; T: 215–814–5726; F: 

215–814–2318; 

hakowski.denise@epa.gov. 

Region IV—Alabama, Florida, Georgia, 

Mississippi, North Carolina, South 

Carolina 

Joel Hansel USEPA Region IV, 61 

Forsyth St., 15th Floor, Atlanta, GA 

30303–3415; T: 404–562–9274; F: 404– 

562–9224; hansel.joel@epa.gov. 

Region V—Illinois, Indiana, Michigan, 

Minnesota, Ohio, Wisconsin 

Holly Wirick USEPA Region V, 77 

West Jackson Blvd., WT–16J, Chicago, 

IL 60604–3507; T: 312–353–6704; F: 

312–886–0168; wirick.holiday@epa.gov. 

Region VI—Louisiana, Texas 

Mike Schaub USEPA Region VI, 1445 

Ross Ave., 6WQ–EW, Dallas, TX 75202– 

2733; T: 214–665–7314; F: 214–665– 

6689; schaub.mike@epa.gov. 

Region IX—American Samoa, 

Commonwealth of the Northern 

Mariana Islands, California, Guam, 

Hawaii 

Terry Fleming USEPA Region IX, 75 

Hawthorne St., WTR–2, San Francisco, 

CA 94105; T: 415-972–3462; F: 415– 

947–3537; fleming.terrence@epa.gov. 

Region X—Alaska, Oregon, Washington 

Rob Pedersen USEPA Region X, 120 

Sixth Ave., OW–134, Seattle, WA 

98101; T: 206–553–1646; F: 206–553– 

0165; pedersen.rob@epa.gov. 

Dated: January 14, 2009. 

Benjamin H. Grumbles, 

Assistant Administrator for Water. 

[FR Doc. E9–1397 Filed 1–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8589–7] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7167 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements 

Filed 01/12/2009 Through 01/16/2009 

Pursuant to 40 CFR 1506.9. 

EIS No. 20090007, Draft EIS, BLM, CA, 

Carrizo Plain National Monument, 

Draft Resource Management Plan, 

Implementation, San Luis Obispo 

County and Portion of western Kern 

County, CA, Comment Period Ends: 

04/22/2009, Contact: Katherine Worn 

661–391–6067. 

EIS No. 20090008, Draft EIS, FHW, WY, 

Jackson South Project, Proposes to 

Improve Seven Miles of U.S. 26/89/ 

189/191/, Funding and Right-of-Way 

Approval, Teton County, WY, 

Comment Period Ends: 03/09/2009, 

Contact: Lee Potter 307–772–2004 

Ext. 146. 

EIS No. 20090009, Final EIS, AFS, WA, 

Republic Ranger Station Excess 

Residence Sale Project, Proposes to 

Sell a 0.72 Acre Parcel of Land with 

a Residential Building, Republic 

Ranger District, Colville National 

Forest, Ferry County, WA, Wait 

Period Ends: 02/23/2009, Contact: 

James L. Parker 509–775–7462. 

EIS No. 20090010, Draft EIS, USN, WA, 

Swimmer Interdiction Security 

System (SISS) Project, Construction 

and Operation, Naval Base Kitsap— 

Bangor, Silverdale, Kitsap County, 

WA, Comment Period Ends: 03/09/ 

2009, Contact: Shannon Kasa 619– 

553–3889. 

EIS No. 20090011, Draft EIS, SFW, CA, 

Tehachapi Uplands Multiple Species 

Habitat Conservation Plan 

(TUMSHCP), Propose Issuance of a 

50–Year Incidental Take Permit for 27 

Federal- and State-Listed and 

Unlisted Species, Kern County, CA, 

Comment Period Ends: 04/22/2009, 

Contact: Mary Grim 916–414–6464. 

EIS No. 20090012, Final EIS, NOA, 00, 

Proposed Acceptable Biological Catch 

(ABC) and Optimum Yield (OY) 

Specifications and Management 

Measures for the 2009–2010 Pacific 

Coast Groundfish Fishery 

Management Plan, Implementation, 

WA, OR and CA, Wait Period Ends: 

02/23/2009, Contact: Robert Lohn 

206–526–6150. 

EIS No. 20090013, Draft EIS, CGD, 00, 

Programmatic—Future of the U.S. 

Coast Guard Long Range Aids to 

Navigation (LORAN–C) Program, 

Implementation, Comment Period 

Ends: 03/09/2009, Contact: CDR. Bob 

I. Feigenblatt 202–372–1558 

EIS No. 20090014, Final EIS, NOA, OR, 

Bull Run Water Supply Habitat 

Conservation Plan, Application for 

and Incidental Take Permit to cover 

the Continued Operation and 

Maintenance, Sandy River Basin, City 

of Portland, OR, Wait Period Ends: 02/ 

23/2009, Contact: D. Robert Lohn 

301–713–1632. 

EIS No. 20090015, Final EIS, FHW, TN, 

TN–397 (Mack Hatcher Parkway 

Extension) Construction from US–31 

(TN–6, Columbia Avenue) South of 

Franklin to US–341 (TN–106, 

Hillsboro Road) North of Franklin, 

Additional Information on the Build 

Alternative (Alternative G), 

Williamson County and City of 

Franklin, TN, Wait Period Ends: 02/ 

23/2009, Contact: Bobby Blackmon 

615–781–5770. 

Amended Notices 

EIS No. 20080460, Draft EIS, FHW, CO, 

I–70 East Project, Transportation 

Improvement from I–70 East from 1– 

25 to Tower Road, Funding, City and 

County Denver, CO, Comment Period 

Ends: 03/31/2009, Contact: Chris 

Horn 720–963–3017. Revision to FR 

Notice Published 11/14/2008: 

Extending 12/31/2009 to 03/31/2009. 

EIS No. 20080470, Final EIS, FHW, VT, 

Middlebury Spur Project, 

Improvements to the Freight 

Transportation System in the Town of 

Middlebury in Addison County to the 

Town of Pittsford in Rutland County, 

VT, Wait Period Ends: 01/30/2009, 

Contact: Kenneth Sikora, Jr.802–828– 

4573. Revision to FR Published 11/21/ 

2008: Extending Wait Period from 12/ 

23/2008 to 01/30/2009. 

EIS No. 20080538, Second Draft 

Supplement, NRC, VA, North Anna 

Power Station Unit 3, Combined 

License (COL) application for 

Construction and Operation a BasedLoad Nuclear Power Plant, (NUREG– 

1917), in the Town of Mineral, Louisa 

County, VA, Comment Period Ends: 

03/20/2009, Contact: Alicia 

Williamson 301–415–1878. Revision 

to FR Notice Published 01/02/2009: 

Extending Comment Period from 03/ 

16/2009 to 03/20/2009. 

Dated: January 16, 2009. 

Ken Mittelholtz, 

Environmental Protection Specialist, Office 

of Federal Activities. 

[FR Doc. E9–1394 Filed 1–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

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