[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1373-1379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-260]


=======================================================================
-----------------------------------------------------------------------

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 disease-causing 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

[[Page 1374]]

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

[[Page 1375]]

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

[[Page 1376]]

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,         3-4 months.
 Illinois, Indiana, Maine,
 Maryland, Massachusetts,
 Michigan, Minnesota, New
 Hampshire, New Jersey, New
 York, Ohio, Oregon,
 Pennsylvania, Rhode Island,
 Virginia, Washington,
 Wisconsin.
Alabama, Georgia, Louisiana,   5-6 months.
 Mississippi, North Carolina,
 South Carolina.
American Samoa, California,    9-12 months.
 Florida, Guam, Hawaii,
 Northern Mariana, Puerto
 Rico, Texas, U.S. Virgin
 Islands.
------------------------------------------------------------------------

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 legally-defined 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:

[[Page 1377]]



        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:

----------------------------------------------------------------------------------------------------------------
                                                                                           Portion of the total
                                                                     The year 2010             that is the
                For the State or territory of:                   allocation is expected        supplemental
                                                                         to be:                 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

[[Page 1378]]

 
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 
non-competitive 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.

[[Page 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