Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 28443 

[FR Doc. E9–13990 Filed 6–15–09; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[EPA–HQ–SFUND–2009–0144; FRL–8919–3] 

RIN 2050–AG53 

Inclusion of CERCLA Section 128(a) 

State Response Programs and Tribal 

Response Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule revises 

regulations to include State Response 

Programs and Tribal Response Programs 

under Section 128(a) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) as among the 

Environmental Program Grants eligible 

for inclusion in a Performance 

Partnership Grant (PPG). The rule also 

adds State Response Program and Tribal 

Response Program specific provisions. 

DATES: This rule is effective on June 16, 

2009. 

ADDRESSES: The mailing address of the 

Office of Brownfields and Land 

Revitalization, Office of Solid Waste and 

Emergency Response, is U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., MC 5105T, 

Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact the U.S. 

EPA’s Virginia Fornillo, Office of Solid 

Waste and Emergency Response, Office 

of Brownfields and Land Revitalization, 

at (202) 566–2770 

(fornillo.virginia@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, Mail Code 

5105T. 

SUPPLEMENTARY INFORMATION: 

I. Background 

State Response Program Grants and 

Tribal Response Program Grants, 

authorized under Section 128(a) of 

CERCLA, are awarded to States and 

Tribes to establish or enhance the 

response program of the State or Tribe; 

capitalize a revolving loan fund for 

Brownfield remediation under section 

104(k)(3); or purchase insurance or 

develop a risk sharing pool, an 

indemnity pool, or insurance 

mechanism to provide financing for 

response actions under a State or Tribal 

response program. Public Law 104–134 

authorizes EPA to combine State and 

Tribal Assistance Grant (STAG) 

‘‘categorical’’ program grant funds into 

PPGs. The CERCLA 128(a) State and 

Tribal Response program grants are 

funded from STAG categorical 

appropriations and are eligible for 

inclusion under 40 CFR 35.133 and 

35.533 in a PPG. On August 20, 2004, 

EPA implemented a pilot program 

authorizing EPA Regional Offices to add 

CERCLA 128(a) State and Tribal Grant 

program funds into PPGs for one state 

and one tribe in each region (69 FR 

51756). 

II. This Action 

The intent of this action is to include 

CERCLA 128(a) grants in the list of 

grants eligible to be included in a 

Performance Partnership Grant (PPG). 

Consistent with current Agency 

guidance on using CERCLA 128 funds, 

EPA has determined that funds awarded 

to states and tribes under CERCLA 

128(a)(1)(B)(ii) to capitalize a revolving 

loan fund for Brownfield remediation 

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

insurance or develop a risk sharing 

pool, an indemnity pool, or insurance 

mechanism to provide financing for 

response actions under a State or Tribal 

response program are not eligible for 

inclusion in PPGs. EPA’s regulations 

implementing PPGs are found at 40 CFR 

35.101, 40 CFR 35.130–35.138, 40 CFR 

35.501 and 40 CFR 35.530–35.538. This 

rule amends these regulations to include 

State Response Programs Section 

CERCLA 128(a) under Title 40 Part 35 

Subpart A and Tribal Response 

Programs Section CERCLA 128(a) under 

Title 40 Part 35, Subpart B as a PPG 

eligible grant program. The rule also 

adds State Response Program and Tribal 

Response Program specific provisions to 

40 CFR Part 35, Subparts A and B. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this grant action is not subject 

to notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

to the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) or Sections 202 and 

205 of the Unfunded Mandates Reform 

Act of 1999 (UMRA) (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments. Although this action does 

not generally create new binding legal 

requirements, where it does, such 

requirements do not substantially and 

directly affect Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). Although this grant action does 

not have significant Federalism 

implications under Executive Order 

13132 (64 FR 43255, August 10, 1999), 

EPA consulted with states in the 

development of these grant guidelines. 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. This action does 

not involve technical standards; thus, 

the requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). This action does 

not entail special considerations of 

environmental justice related issues as 

delineated by Executive Order 12898 

(59 FR 7629, February 16, 1994). The 

Congressional Review Act, 5 U.S.C. 801 

et seq., generally provides that before 

certain actions may take effect, the 

agency promulgating the action must 

submit a report, which includes a copy 

of the action, to each House of the 

Congress and to the Comptroller General 

of the United States. Since this grant 

action, when finalized, will contain 

legally binding requirements, it is 

subject to the Congressional Review Act, 

and EPA will submit its final action in 

its report to Congress under the Act. 

List of Subjects in 40 CFR Part 35 

Environmental protection, Air 

pollution control, Grant programs— 

environmental protection, Grant 

programs—Indians, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: June 9, 2009. 

Lisa P. Jackson, 

Administrator. 

■ EPA amends 40 CFR Part 35 as 

follows: 

PART 35—STATE AND LOCAL 

ASSISTANCE—[AMENDED] 

■ 1. The authority citation for part 35, 

subpart A continues to read as follows: 


cprice-sewell on PRODPC61 with RULES
28444 Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 

1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 

6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 

2601 et seq.; 42 U.S.C. 13101 et seq.; Public 

Law 104–134, 110 Stat. 1321, 1321–299 

(1996); Public Law 105–65, 111 Stat. 1344, 

1373 (1997); 5. 105–276, 112 Stat. 2461, 2499 

(1988). 

Subpart A—[Amended] 

■ 2. Amend § 35.101 by adding 

paragraph (a)(20) to read as follows: 

§ 35.101 Environmental programs covered 

by the subpart. 

(a) * * * 

(20) State Response Program Grants 

(section 128(a) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA)). 

* * * * * 

■ 3. Section 35.133 is amended by 

revising paragraph (a) to read as follows: 

§ 35.133 Programs eligible for inclusion. 

(a) Eligible programs. Except as 

provided in paragraph (b) of this 

section, the environmental programs 

eligible, in accordance with 

appropriation acts, for inclusion in a 

Performance Partnership Grant are 

listed in § 35.101(a)(2) through (17) and 

(20). (Funds available from the section 

205(g) State Administration Grants 

program (§ 35.100(b)(18)) and the Water 

Quality Management Planning Grant 

program (§ 35.100(b)(19)) and funds 

awarded to states under State Response 

Program Grants (§ 35.100(b)(20)) to 

capitalize a revolving loan fund for 

Brownfield remediation or purchase 

insurance or develop a risk sharing 

pool, an indemnity pool, or insurance 

mechanism to provide financing for 

response actions may not be included in 

Performance Partnership Grants.) 

* * * * * 

■ 4. Subpart A is amended by adding an 

undesignated center heading and 

§§ 35.419, 35.420 and 35.421 to read as 

follows: 

Subpart A—[Amended] 

State Response Program Grants 

(CERCLA Section 128(A)) 

§ 35.419 Purpose. 

(a) Purpose of section. Sections 35.419 

through 35.421 govern State Response 

Program Grants (as defined in section 

128(a) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA)). 

(b) Purpose of program. State 

Response Program Grants are awarded 

to States to establish or enhance the 

response program of the State; capitalize 

a revolving loan fund for Brownfield 

remediation under section 104(k)(3) of 

CERCLA; or purchase insurance or 

develop a risk sharing pool, an 

indemnity pool, or insurance 

mechanism to provide financing for 

response actions under a State response 

program. 

§ 35.420 Basis for allotment. 

The Administrator allots response 

program funds to each EPA regional 

office. Regional Administrators award 

funds to States based on their 

programmatic needs and applicable EPA 

guidance. 

§ 35.421 Maximum federal share. 

The Regional Administrator may 

provide up to 100 percent of the 

approved work plan costs with the 

exception of the cost shares required by 

CERCLA 104(k)(9)(B)(iii) for 

capitalization of revolving loan funds 

under CERCLA 104(k)(3). 

■ 5. Amend § 35.501 by adding 

paragraph (a)(10) to read as follows: 

§ 35.501 Environmental programs covered 

by the subpart. 

(a) * * * 

(10) Tribal Response Program Grants 

(section 128(a) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA)). 

* * * * * 

■ 6. Section 35.533 is amended by 

revising paragraph (a) to read as follows: 

§ 35.533 Programs eligible for inclusion. 

(a) Eligible programs. Except as 

provided in paragraph (b) of this 

section, the environmental programs 

eligible for inclusion in a Performance 

Partnership Grant are listed in 

§ 35.101(a)(2) through (10) of this 

subpart. Funds awarded to tribes under 

Tribal Response Program Grants 

(§ 35.101(a)(10)) to capitalize a revolving 

loan fund for Brownfield remediation or 

purchase insurance or develop a risk 

sharing pool, an indemnity pool, or 

insurance mechanism to provide 

financing for response actions may not 

be included in Performance Partnership 

Grants. 

* * * * * 

■ 7. Subpart B is amended by adding a 

new undesignated center heading and 

§§ 35.736, 35.737 and 35.738 to read as 

follows: 

Subpart B—[Amended] 

Tribal Response Program Grants 

(CERCLA Section 128(A)) 

§ 35.736 Purpose. 

(a) Purpose of section. Sections 35.736 

through 35.738 govern Tribal Response 

Program Grants (as defined in section 

128(a) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA)). 

(b) Purpose of program. Tribal 

Response Program Grants are awarded 

to Tribes to establish or enhance the 

response program of the Tribe; 

capitalize a revolving loan fund for 

brownfield remediation under section 

104(k)(3) of CERCLA; or purchase 

insurance or develop a risk sharing 

pool, an indemnity pool, or insurance 

mechanism to provide financing for 

response actions under a Tribal 

response program. 

§ 35.737 Basis for allotment. 

The Administrator allots response 

program funds to each EPA regional 

office. Regional Administrators award 

funds to Tribes based on their 

programmatic needs and applicable EPA 

guidance. 

§ 35.738 Maximum federal share. 

The Regional Administrator may 

provide up to 100 percent of the 

approved work plan costs with the 

exception of the cost shares required by 

CERCLA 104(k)(9)(B)(iii) for 

capitalization of revolving loan funds 

under CERCLA 104(k)(3). 

[FR Doc. E9–14114 Filed 6–15–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–0287; FRL–8918–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Northern Virginia Reasonably 

Available Control Technology Under 

the 8-Hour Ozone National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. This SIP revision consists of a 

demonstration that the Virginia portion 

(Cities of Alexandria, Fairfax, Falls 

Church, Manassas, and Manassas Park; 


cprice-sewell on PRODPC61 with RULES