Federal Register, Volume 75 Issue 220 (Tuesday, November 16, 2010)

[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 69992-70001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28825]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9227-5]

Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding
Guidance for State and Tribal Response Programs for FY2011

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will begin to accept
requests, from December 1, 2010 through January 31, 2011, for grants to
supplement State and Tribal Response Programs. This notice provides
guidance on eligibility for funding, use of funding, grant mechanisms
and process for awarding funding, the allocation system for
distribution of funding, and terms and reporting under these grants.
EPA has consulted with state and tribal officials in developing this
guidance.
The primary goal of this funding is to ensure that state and tribal
response programs include, or are taking reasonable steps to include,
certain elements and a public record. Another goal is to provide
funding for other activities that increase the number of response
actions conducted or overseen by a state or tribal response program.
This funding is not intended to supplant current state or tribal
funding for their response programs. Instead, it is to supplement their
funding to increase their response capacity.
For fiscal year 2011, EPA will consider funding requests up to a
maximum of $1.3 million per state or tribe. Subject to the availability
of funds, EPA regional personnel will be available to provide technical
assistance to states and tribes as they apply for and carry out these
grants.

DATES: This action is effective as of December 1, 2010. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2011.

ADDRESSES: Mailing addresses for U.S. EPA Regional Offices and U.S. EPA
Headquarters can be located at http://www.epa.gov/brownfields.

FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste
and Emergency Response, Office of Brownfields and Land Revitalization,
(202) 566-2892.

SUPPLEMENTARY INFORMATION:

I. General Information

Section 128(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, authorizes a
noncompetitive $50 million grant program to establish and enhance state
\1\ and tribal \2\ response programs. Generally, these response
programs address the assessment, cleanup, and redevelopment of
brownfields sites and other sites with actual or perceived
contamination. Section 128(a) cooperative agreements are awarded and
administered by the U.S. Environmental Protection Agency (EPA) regional
offices. This document provides guidance that will enable states and
tribes to apply for and use Fiscal Year 2011 Section 128(a) funds.\3\
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\1\ The term ``state'' is defined in this document as defined in
CERCLA Section 101(27).
\2\ The term ``Indian tribe'' is defined in this document as it
is defined in CERCLA Section 101(36). Intertribal consortia, as
defined in the Federal Register Notice at 67 FR 67181, Nov. 4, 2002,
are also eligible for funding under CERCLA 128(a).
\3\ The Agency may waive any provision of this guidance that is
not required by statute, regulation, Executive Order or overriding
Agency policies.
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Requests for funding will be accepted from December 1, 2010 through
January 31, 2011. Requests received after January 31, 2011 will not be
considered for FY2011 funding. Information required to be submitted
with the funding request is contained in Section IX. States or tribes
that fail to submit the request in the appropriate manner may forfeit
their ability to request funds. First time requestors are strongly
encouraged to contact their Regional Brownfields contacts listed at the
end of Section X, prior to submitting their funding request.
Requests submitted by the January 31, 2011 request deadline are
preliminary; final cooperative agreement work plans and budgets will be
negotiated with the regional offices once final allocation
determinations are made. As in prior years, EPA will place special
emphasis on reviewing a cooperative agreement recipient's use of prior
128(a) funding in making allocation decisions.
States and tribes requesting funds are required to provide a Dun
and Bradstreet Data Universal Numbering System (DUNS) number with their
final cooperative agreement package. For more information, please go to
http://www.grants.gov.
The Catalogue of Federal Domestic Assistance entry for the Section
128(a) State and Tribal Response Program cooperative agreements is
66.817. This grant program is eligible to be included in state and
tribal Performance

[[Page 69993]]

Partnership Grants, with the exception of funds used 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.

II. Background

State and tribal response programs oversee assessment and cleanup
activities at the majority of brownfields sites across the country. The
depth and breadth of state and tribal response programs vary. Some
focus on CERCLA related activities, while others are multi-faceted, for
example, addressing sites regulated by both CERCLA and the Resource
Conservation and Recovery Act (RCRA). Many state programs also offer
accompanying financial incentive programs to spur cleanup and
redevelopment. In passing Section 128(a),\4\ Congress recognized the
accomplishments of state and tribal response programs in cleaning up
and redeveloping brownfields sites. Section 128(a) also provides EPA
with an opportunity to strengthen its partnership with states and
tribes.
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\4\ Section 128(a) was added to CERCLA in 2002 by the Small
Business Liability Relief and Brownfields Revitalization Act
(Brownfield Amendments).
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The primary goal of this funding is to ensure that state and tribal
response programs include, or are taking reasonable steps to include,
certain elements and establish a public record. The secondary goal is
to provide funding for other activities that increase the number of
response actions conducted or overseen by a state or tribal response
program. This funding is not intended to supplant current state or
tribal funding for their response programs. Instead, it is to
supplement their funding to increase their response program's capacity.
Subject to the availability of funds, EPA regional personnel will
be available to provide technical assistance to states and tribes as
they apply for and carry out Section 128(a) cooperative agreements.

III. Eligibility for Funding

To be eligible for funding under CERCLA Section 128(a), a state or
tribe must:
1. Demonstrate that its response program includes, or is taking
reasonable steps to include, the four elements of a response program,
described Section V; or be a party to voluntary response program
Memorandum of Agreement (VRP MOA) \5\ with EPA; and
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\5\ The legislative history of the Brownfields Amendments
indicates that Congress intended to encourage states and tribes to
enter into MOAs for their voluntary response programs. States or
tribes that are parties to VRP MOAs and that maintain and make
available a public record are automatically eligible for Section
128(a) funding.
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2. Maintain and make available to the public a record of sites at
which response actions have been completed in the previous year and are
planned to be addressed in the upcoming year, see CERCLA Section
128(b)(1)(C).

IV. Matching Funds/Cost-Share

States and tribes are not required to provide matching funds for
cooperative agreements awarded under Section 128(a), with the exception
of the Section 128(a) funds a state or tribe uses to capitalize a
Brownfields Revolving Loan Fund under CERCLA 104(k)(3).

V. The Four Elements--Section 128(a)

Section 128(a) recipients that do not have a VRP MOA with EPA must
demonstrate that their response program includes, or is taking
reasonable steps to include, the four elements. Achievement of the four
elements should be viewed as a priority. Section 128(a) authorizes
funding for activities necessary to establish and enhance the four
elements and to establish and maintain the public record requirement.
Generally, the four elements are:
1. Timely survey and inventory of brownfields sites in state or
tribal land. EPA's goal in funding activities under this element is to
enable the state or tribe to establish or enhance a system or process
that will provide a reasonable estimate of the number, likely
locations, and the general characteristics of brownfields sites in
their state or tribal lands.
EPA recognizes the varied scope of state and tribal response
programs and will not require states and tribes to develop a ``list''
of brownfields sites. However, at a minimum, the state or tribe should
develop and/or maintain a system or process that can provide a
reasonable estimate of the number, likely location, and general
characteristics of brownfields sites within their state or tribal
lands.
Given funding limitations, EPA will negotiate work plans with
states and tribes to achieve this goal efficiently and effectively, and
within a realistic time frame. For example, many of EPA's Brownfields
Assessment cooperative agreement recipients conduct inventories of
brownfields sites in their communities or jurisdictions. EPA encourages
states and tribes to work with these cooperative agreement recipients
to obtain the information that they have gathered and include it in
their survey and inventory.
2. Oversight and enforcement authorities or other mechanisms and
resources. EPA's goal in funding activities under this element is to
have state and tribal response programs that include oversight and
enforcement authorities or other mechanisms, and resources that are
adequate to ensure that:
a. A response action will protect human health and the environment
and be conducted in accordance with applicable laws; and
b. the necessary response activities are completed if the person
conducting the response activities fails to complete the necessary
response activities (this includes operation and maintenance or long-
term monitoring activities).
3. Mechanisms and resources to provide meaningful opportunities for
public participation.\6\ EPA's goal in funding activities under this
element is to have states and tribes include in their response program
mechanisms and resources for meaningful public participation, at the
local level, including, at a minimum:
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\6\ States and tribes establishing this element may find useful
information on public participation on EPA's community involvement
Web site at http://www.epa.gov/superfund/community/policies.htm.
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a. Public access to documents and related materials that a state,
tribe, or party conducting the cleanup is relying on or developing in
making cleanup decisions or conducting site activities;
b. Prior notice and opportunity for public comment on cleanup plans
and site activity; and
c. A mechanism by which a person who is, or may be, affected by a
release or threatened release of a hazardous substance, pollutant, or
contaminant at a brownfields site--located in the community in which
the person works or resides--may request that a site assessment be
conducted. The appropriate state or tribal official must consider this
request and appropriately respond.
4. Mechanisms for approval of a cleanup plan and verification and
certification that cleanup is complete. EPA's goal in funding
activities under this element is to have states and tribes include in
their response program mechanisms to approve cleanup plans and to
verify that response actions are complete, including a requirement for
certification or similar documentation from the state, the tribe, or a
licensed site professional to the person conducting the response action
that the

[[Page 69994]]

response action is complete. Written approval by a state or tribal
response program official of a proposed cleanup plan is an example of
an approval mechanism.

VI. Public Record Requirement

In order to be eligible for Section 128(a) funding, states and
tribes (including those with MOAs) must establish and maintain a public
record system, described below, in order to receive funds.
Specifically, under Section 128(b)(1)(C), states and tribes must:
1. Maintain and update, at least annually or more often as
appropriate, a record of sites that includes the name and location of
sites at which response actions have been completed during the previous
year;
2. Maintain and update, at least annually or more often as
appropriate, a record of sites that includes the name and location of
sites at which response actions are planned to be addressed in the next
year; and
3. Identify in the public record whether or not the site, upon
completion of the response action, will be suitable for unrestricted
use. If not, the public record must identify the institutional controls
relied on in the remedy.
Section 128(a) funds may be used to maintain and make available a
public record system that meets the requirements discussed above.

A. Distinguishing the ``Survey and Inventory'' Element From the
``Public Record''

It is important to note that the public record requirement differs
from the ``timely survey and inventory'' element described in the
``Four Elements'' section above. The public record addresses sites at
which response actions have been completed in the previous year and are
planned to be addressed in the upcoming year. In contrast, the ``timely
survey and inventory'' element, described above, refers to a general
approach to identifying brownfields sites.

B. Making the Public Record Easily Accessible

EPA's goal is to enable states and tribes to make the public record
and other information, such as information from the ``survey and
inventory'' element, easily accessible. For this reason, EPA will allow
states and tribes to use Section 128(a) funding to make the public
record, as well as other information, such as information from the
``survey and inventory'' element, available to the public via the
internet or other means. For example, the Agency would support funding
state and tribal efforts to include detailed location information in
the public record such as the street address and latitude and longitude
information for each site.\7\
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\7\ For further information on latitude and longitude
information, please see EPA's data standards Web site available at
http://iaspub.epa.gov/sor_internet/registry/datastds/findadatastandard/epaapproved/latitudelongitude
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In an effort to reduce cooperative agreement reporting requirements
and increase public access to the public record, EPA encourages states
and tribes to place their public record on the internet. If a state or
tribe places the public record on the internet, maintains the
substantive requirements of the public record, and provides EPA with
the link to that site, EPA will, for purposes of cooperative agreement
funding only, deem the public record reporting requirement met.

C. Long-Term Maintenance of the Public Record

EPA encourages states and tribes to maintain public record
information, including data on institutional controls, on a long term
basis (more than one year) for sites at which a response action has
been completed. Subject to EPA regional office approval, states or
tribes may include development and operation of systems that ensure
long term maintenance of the public record, including information on
institutional controls, in their work plans.\8\
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\8\ States and tribes may find useful information on
institutional controls on EPA's institutional controls Web site at
http://www.epa.gov/superfund/policy/ic/index.htm.
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VII. Use of Funding

A. Overview

Section 128(a)(1)(B) describes the eligible uses of cooperative
agreement funds by states and tribes. In general, a state or tribe may
use a cooperative agreement to ``establish or enhance'' their response
programs, including elements of the response program that include
activities related to responses at brownfields sites with petroleum
contamination. Eligible activities include, but are not limited to, the
following:
Develop legislation, regulations, procedures, ordinances,
guidance, etc. that would establish or enhance the administrative and
legal structure of their response programs;
Establish and maintain the required public record as
described in Section VI;
EPA considers activities related to maintaining and
monitoring institutional controls to be eligible costs under Section
128(a);
Conduct limited site-specific activities, such as
assessment or cleanup, provided such activities establish and/or
enhance the response program and are tied to the four elements. In
addition to the requirement per CERCLA Section 128(a)(2)(C)(ii) to
obtain public comment on cleanup plans and site activities, EPA
strongly encourages states and tribes to seek public input regarding
the priority of sites to be addressed and solicit input from local
communities, especially potential environmental justice communities,
communities with a health risk related to exposure to hazardous waste
or other public health concerns, economically disadvantaged or remote
areas, and communities with limited experience working with government
agencies. EPA will not provide Section 128(a) funds solely for
assessment or cleanup of specific brownfields sites; site specific
activities must be an incidental part of an overall Section 128(a) work
plan that includes funding for other activities that establish or
enhance the four elements;
Capitalize a revolving loan fund (RLF) for brownfields
cleanup under CERCLA Section 104(k)(3). These RLFs are subject to the
same statutory requirements and cooperative agreement terms and
conditions applicable to RLFs awarded under Section 104(k)(3).
Requirements include a 20 percent match on the amount of Section 128(a)
funds used for the RLF, a prohibition on using EPA cooperative
agreement funds for administrative costs relating to the RLF, and a
prohibition on using RLF loans or subgrants for response costs at a
site for which the recipient may be potentially liable under Section
107 of CERCLA. Other prohibitions contained in CERCLA Section 104(k)(4)
also apply; or
Purchase environmental insurance or develop a risk-sharing
pool, indemnity pool, or insurance mechanism to provide financing for
response actions under a state or tribal response program.

B. Uses Related to ``Establishing'' a State or Tribal Response Program

Under CERCLA Section 128(a), ``establish'' includes activities
necessary to build the foundation for the four elements of a state or
tribal response program and the public record requirement. For example,
a state or tribal response program may use Section 128(a) funds to
develop regulations, ordinances, procedures, or guidance. For more
developed state or tribal response programs, ``establish'' may also

[[Page 69995]]

include activities that keep their program at a level that meets the
four elements and maintains a public record required as a condition of
funding under CERCLA Section 128(b)(1)(C).

C. Uses Related to ``Enhancing'' a State or Tribal Response Program

Under CERCLA Section 128(a), ``enhance'' is related to activities
that add to or improve a state or tribal response program or increase
the number of sites at which response actions are conducted under a
state or tribal response program.
The exact ``enhancement'' uses that may be allowable depend upon
the work plan negotiated between the EPA regional office and the state
or tribe. For example, regional offices and states or tribes may agree
that Section 128(a) funds may be used for outreach and training
directly related to increasing awareness of its response program, and
improving the skills of program staff. It may also include developing
better coordination and understanding of other state response programs,
e.g., Resource Conservation and Recovery Act (RCRA) or Underground
Storage Tanks (USTs). As another example, states and tribal response
programs enhancement activities can include outreach to local
communities to increase their awareness and knowledge regarding the
importance of monitoring engineering and intuitional controls. Other
``enhancement'' uses may be allowable as well.

D. Uses Related to Site-Specific Activities

States and tribes may use section 128(a) funds for activities that
improve state or tribal capacity to increase the number of sites at
which response actions are conducted under the state or tribal response
program. The amount requested for site-specific assessments and
cleanups may not exceed 50% of the total amount of funding requested.
Other eligible uses of funds for site-specific related activities
(i.e., site specific but do not involve conducting actual site
assessments or cleanups) include, but are not limited to, the
following. EPA does not cap the amount of funding applicants may
request for these activities:
Oversight of response action;
technical assistance to federal brownfields cooperative
agreement recipients;
development and/or review of quality assurance project
plans (QAPPs);
preparation and submission of Property Profile Forms; and
auditing site cleanups to verify the completion of the
cleanup.

E. Uses Related to Site-Specific Assessment and Cleanup Activities

Site-specific assessment and cleanup activities should establish
and/or enhance the response program and be tied to the four elements.
In addition to the requirement per CERCLA Section 128(a)(2)(C)(ii) to
obtain public comment on cleanup plans and site activities, EPA
strongly encourages states and tribes to seek public input regarding
the priority of sites to be addressed and solicit input from local
communities, especially potential environmental justice communities,
communities with a health risk related to exposure to hazardous waste
or other public health concerns, economically disadvantaged or remote
areas, and communities with limited experience working with government
agencies. EPA will not provide Section 128(a) funds solely for
assessment or cleanup of specific brownfields sites; site-specific
activities must be an incidental part of an overall Section 128(a) work
plan that includes funding for other activities that establish or
enhance the four elements. Site-specific assessments and cleanups must
comply with all applicable laws and are subject to the following
restrictions:
a. Section 128(a) funds can only be used for assessments or
cleanups at sites that meet the definition of a brownfields site at
CERCLA 101(39).
b. Absent EPA approval, no more than $200,000 per site can be
funded for assessments with Section 128(a) funds, and no more than
$200,000 per site can be funded for cleanups with Section 128(a) funds.
c. Absent EPA approval, the state/tribe may not use funds awarded
under this agreement to assess and clean up sites owned or operated by
the recipient.
d. Assessments and cleanups cannot be conducted at sites where the
state/tribe is a potentially responsible party pursuant to CERCLA
Section 107, except:
[cir] At brownfields sites contaminated by a controlled substance
as defined in CERCLA Section 101(39)(D)(ii)(I); or
[cir] when the recipient would satisfy all of the elements set
forth in CERCLA section 101(40) to qualify as a bona fide prospective
purchaser except that the date of acquisition of the property was on or
before January 11, 2002.
Subgrants cannot be provided to entities that may be potentially
responsible parties (pursuant to CERCLA Section 107) at the site for
which the assessment or cleanup activities are proposed to be
conducted, except:
1. At brownfields sites contaminated by a controlled substance as
defined in CERCLA Section 101(39)(D)(ii)(I); or
2. when the recipient would satisfy all of the elements set forth
in CERCLA section 101(40) to qualify as a bona fide prospective
purchaser except that the date of acquisition of the property was on or
before January 11, 2002.

F. Costs Incurred for Activities at ``Non-Brownfields'' Sites

Costs incurred for activities at non-brownfields sites, e.g.,
oversight, may be eligible and allowable if such activities are
included in the state's or tribe's work plan. For example, auditing
completed site cleanups in jurisdictions where states or tribes use
licensed site professionals, to verify that sites have been properly
cleaned up, may be an eligible cost under Section 128(a). These costs
need not be incurred in connection with a brownfields site to be
eligible, but must be authorized under the state's or tribe's work plan
to be allowable. Other uses may be eligible and allowable as well,
depending upon the work plan negotiated between the EPA regional office
and the state or tribe. However, assessment and cleanup activities may
only be conducted on eligible brownfields sites, as defined in CERCLA
Section 101(39).

G. Uses Related to Site-Specific Activities at Petroleum Brownfields
Sites

States and tribes may use Section 128(a) funds for activities that
establish and enhance their response programs, even if their response
programs address petroleum contamination. Also, the costs of site-
specific activities, such as site assessments or cleanup at petroleum
contaminated brownfields sites, defined at CERCLA Section
101(39)(D)(ii)(II), are eligible and are allowable if the activity is
included in the work plan negotiated between the EPA regional office
and the state or tribe. Section 128(a) funds used to capitalize a
Brownfields RLF may be used at brownfields sites contaminated by
petroleum to the extent allowed under CERCLA Section 104(k)(3).

VIII. General Programmatic Guidelines for 128(A) Grant Funding Requests

Funding authorized under CERCLA Section 128(a) is awarded through a
cooperative agreement \9\ with a state or

[[Page 69996]]

tribe. The program is administered under the general EPA grant and
cooperative agreement regulations for states, tribes, and local
governments found in the Code of Federal Regulations at 40 CFR part 31.
Under these regulations, the cooperative agreement recipient for
Section 128(a) grant program is the government to which a cooperative
agreement is awarded and which is accountable for the use of the funds
provided. The cooperative agreement recipient is the entire legal
entity even if only a particular component of the entity is designated
in the cooperative agreement award document.
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\9\ A cooperative agreement is an assistance agreement to a
state or a tribe that includes substantial involvement of EPA
regional enforcement and program staff during performance of
activities described in the cooperative agreement work plan.
Examples of this involvement include technical assistance and
collaboration on program development and site-specific activities.
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A. One application per state or tribe. Subject to the availability
of funds, EPA regional offices will negotiate and enter into Section
128(a) cooperative agreements with eligible and interested states or
tribes. EPA will accept only one application from each eligible state
or tribe.
B. Define the state or tribal response program. States and tribes
must define in their work plan the ``Section 128(a) response
program(s)'' to which the funds will be applied, and may designate a
component of the state or tribe that will be EPA's primary point of
contact for negotiations on their proposed work plan. When EPA funds
the Section 128(a) cooperative agreement, states and tribes may
distribute these funds among the appropriate state and tribal agencies
that are part of the Section 128(a) response program. This distribution
must be clearly outlined in their annual work plan.
C. Separate cooperative agreements for the capitalization of RLFs
using Section 128(a) funds. If a portion of the 128(a) grant funds
requested will be used to capitalize a revolving loan fund for cleanup,
pursuant to 104(k)(3), two separate cooperative agreements must be
awarded, i.e., one for the RLF and one for non-RLF uses. States and
tribes may, however, submit one initial request for funding,
delineating the RLF as a proposed use. Section 128(a) funds used to
capitalize an RLF are not eligible for inclusion into a Performance
Partnership Grant (PPG).
D. Authority to manage a revolving loan fund program. If a state or
tribe chooses to use its 128(a) funds to capitalize a revolving loan
fund program, the state or tribe must have the authority to manage the
program, e.g., issue loans. If the agency/department listed as the
point of contact for the 128(a) cooperative agreement does not have
this authority, it must be able to demonstrate that another state or
tribal agency does have the authority to manage the RLF and is willing
to do so.
E. Section 128(a) cooperative agreements can be part of a
Performance Partnership Grant (PPG). States and tribes may include
Section 128(a) cooperative agreements in their PPG 69 FR 51,756 (2004).
Section 128(a) funds used to capitalize an RLF 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 the PPG.
F. Project period. EPA regional offices will determine the project
period for each cooperative agreement. These may be for multiple years
depending on the regional office's cooperative agreement policies. Each
cooperative agreement must have an annual budget period tied to an
annual work plan.
G. Demonstrating the four elements. As part of the annual work plan
negotiation process, states or tribes that do not have VRP MOAs must
demonstrate that their program includes, or is taking reasonable steps
to include, the four elements described in Section V. EPA will not
fund, in future years, state or tribal response program annual work
plans if EPA determines that these requirements are not met or
reasonable progress is not being made. EPA may base this determination
on the information the state or tribe provides to support its work
plan, or on EPA's review of the state or tribal response program.
H. Establishing and maintaining the public record. Prior to funding
a state's or tribe's annual work plan, EPA regional offices will verify
and document that a public record, as described above, exists and is
being maintained.\10\
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\10\ For purposes of cooperative agreement funding, the state's
or tribe's public record applies to that state's or tribe's response
program(s) that utilized the Section 128(a) funding.
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3. States or tribes that received initial funding prior to FY10:
Requests for FY11 funds will not be accepted from states or tribes that
fail to demonstrate, by the January 31, 2011 request deadline, that
they established and are maintaining a public record. (Note: this would
potentially impact any state or tribe that had a term and condition
placed on their FY10 cooperative agreement that prohibited drawdown of
FY10 funds prior to meeting public record requirement). States or
tribes in this situation will not be prevented from drawing down their
prior year funds, once the public record requirement is met, but will
be restricted from applying for FY11 funding.
4. States or Tribes that received initial funding in FY10: by the
time of the actual FY11 award, the state or tribe must demonstrate that
they established and maintained the public record (those states and
tribes that do not meet this requirement will have a term and condition
placed on their FY11 cooperative agreement that prevents the drawdown
of FY11 funds until the public record requirement is met).
5. Recipients receiving funds for the first time in FY11: these
recipients have one year to meet this requirement and may utilize the
128(a) cooperative agreement funds to do so.
I. Demonstration of significant utilization of prior years'
funding. During the allocation process, EPA headquarters places
significant emphasis on the utilization of prior years' funding. Unused
funds from prior years will be considered in the allocation process.
Existing balances in EPA's Financial Data Warehouse could support an
allocation amount below a grantee's request for funding. If a grantee
wishes to avoid an allocation reduction, when submitting a request for
FY11 funds, include a detailed explanation and justification of funds
that remain in EPA's Financial Data Warehouse from prior years (that
are related to response program activities or brownfield related
activities).
EPA Regional staff will review EPA's Financial Database Warehouse
to identify the amount of remaining prior year(s) funds. The
cooperative agreement recipient should work, as early as possible, with
both their own finance department, and with their Regional Project
Officer to reconcile any discrepancy between the amount of unspent
funds showing in EPA's system, and the amount reflected in the
recipient's records. The recipient should obtain concurrence from the
Region on the amount of unspent funds requiring justification by the
deadline for this request for funding.
J. Explanation of proposed activity/task that would require an
increase from the FY10 funding amount. Due to the limited amount of
funding available, recipients must demonstrate the environmental
benefits of undertaking the proposed activity/task and how that
activity/task supports the four elements of a response program in
addition to highlighting any activities in local communities,
especially potential environmental justice communities, communities
with a health risk related to exposure to hazardous waste or other
public health concerns, economically disadvantaged or remote areas, and

[[Page 69997]]

communities with limited experience working with government agencies.
Refer to Section IX for information to be submitted with funding
request.

K. Allocation System and Process for Distribution of Fund

EPA regional offices will work with interested states and tribes to
develop their preliminary work plans and funding requests. Final
cooperative agreement work plans and budgets will be negotiated with
the regional office once final allocation determinations are made.
Please refer to process flow chart below:
[GRAPHIC] [TIFF OMITTED] TN16NO10.026

For Fiscal Year 2011, EPA will consider funding requests up to a
maximum of $1.3 million per state or tribe. This limit may be changed
in future years based on appropriation amounts and demand for funding.
Please note the CERCLA 128(a) annual program's budget has remained
static while demand for funding continues to increase every year.\11\
Therefore, in most instances the FY11 state and tribal individual
funding amounts will not meet the FY10 funding amounts. Requests for
increases over the FY10 funding amount will be considered only after
allocations are made to cover basic core support to programs of all
eligible requestors.
---------------------------------------------------------------------------

\11\ FY10 EPA received $67.1 Million in requests for funding
from States and Tribes under CERCLA 128(a). The FY10 enacted budget
was $49.5 Million. The resulting budget shortfall was approximately
$17 Million.
---------------------------------------------------------------------------

After the January 31, 2011 request deadline, regional offices will
submit summaries of state and tribal requests to EPA headquarters.
Before submitting requests to EPA headquarters, regional offices may
take into account additional factors when determining recommended
allocation amounts. Such factors include, but are not limited to, the
depth and breadth of the state or tribal program; scope of the
perceived need for the funding, e.g., size of state or tribal
jurisdiction or the proposed work plan balanced against capacity of the
program, amount of prior funding, and funds remaining from prior years,
etc.
After receipt of the regional recommendations, EPA headquarters
will consolidate requests and allocate funds accordingly.

IX. Information To Be Submitted With the Funding Request

A. Demonstration of significant utilization of prior years' funding

States and tribes requesting 128(a) FY11 funds must submit the
following information, as applicable, to their regional contact on or
before January 31, 2011 (regions may request additional information, as
needed):
For those states and tribes with prior Targeted
Brownfields Assessment funding awarded under CERCLA 104(d), provide, by
agreement number, the amount of funds that have not been requested for
reimbursement (i.e., those funds that remain in EPA's Financial Data
Warehouse). EPA will take into account these funds in the allocation
process. A cooperative agreement recipient can choose to provide a
justification to EPA that explains why the underused funds should not
be considered in the current request for funding.
For those states and tribes that received FY08 or prior
Section 128(a) funds, you must provide the amount of FY03, FY04, FY05,
FY06 FY07 and/or FY08 funds that have not been requested for
reimbursement (i.e., those funds that remain in EPA's Financial Data
Warehouse). EPA will take into account these funds in the allocation
process.

B. Summary of Planned Use of FY11 Funding

All states and tribes requesting FY11 funds must submit a summary
of the planned use of the funds with associated dollar amounts. Please
provide the request in the following format below:

----------------------------------------------------------------------------------------------------------------
FY10 FY11
Funding use Awarded Requested Summary of intended use (example uses)
----------------------------------------------------------------------------------------------------------------
Establish or Enhance the four elements:........ $XX,XXX $XX,XXX .......................................
1. Timely survey and inventory of brownfields .......... .......... 1. Examples:
sites;. inventory and prioritize
brownfields sites.
2. Oversight and enforcement authorities or .......... .......... 2. Examples:
other mechanisms;. develop/enhance ordinances,
regulations, procedures for response
programs.

[[Page 69998]]

3. Mechanisms and resources to provide .......... .......... 3. Examples:
meaningful opportunities for public develop a community
participation;. involvement process.
fund an outreach coordinator.
issue public notices of site
activities.
develop a process to seek
public input from local communities,
especially potential environmental
justice communities, communities with
a health risk related to exposure to
hazardous waste or other public health
concerns, economically disadvantaged
or remote areas, and communities with
limited experience working with
government agencies to prioritize
sites to be addressed.
4. Mechanisms or approval of a cleanup plan and .......... .......... 4. Examples:
verification and certification that cleanup is review cleanup plans and
complete.. verify completed actions.
Establish and Maintain the Public Record....... $XX,XXX $XX,XXX maintain public record.
create web site for public
record.
disseminate public information
on how to access the public record.
Enhance the Response Program................... $XX,XXX $XX,XXX provide oversight of site
assessments and cleanups.
attend training and
conferences on brownfields cleanup
technologies & other brownfields
topics.
update and enhance program
management activities.
negotiate/oversee contracts
for response programs.
enhance program management &
tracking systems.
prepare Property Profile Forms/
input data into ACRES database.
Site-specific Activities (amount requested $XX,XXX $XX,XXX perform site assessments and
should be incidental to the workplan, e.g., cleanups.
less than half of the total funding requested develop QAPPs.
see Section VII.D for more information on what prepare Property Profile Forms/
activities should be considered when input data into ACRES database for
calculating site specific activities.). these sites.
Environmental Insurance........................ $XX,XXX $XX,XXX review potential uses of
environmental insurance.
Revolving Loan Fund............................ $XX,XXX $XX,XXX create a cleanup revolving
loan fund.
----------------------------------------------------------------------------------------------------------------
Total Funding.............................. $XXX,XXX $XXX,XXX Performance Partnership Grant? Yes
[ballot] No [ballot]
----------------------------------------------------------------------------------------------------------------

C. Explanation of proposed activity/task that would require an increase
from the FY10 funding amount

For those states and tribes requesting amounts above their FY10
allocation, a separate explanation must be provided using the format
below or the explanation can be made in a narrative form. The request
should clearly demonstrate the environmental benefits of the proposed
activity/task and how it directly supports the establishment and
enhancement of the four elements of a response program. Requests for
increases over the FY10 funding amount will be considered only after
allocations are made to cover basic core support to programs of all
eligible requestors. Please note the CERCLA 128(a) annual program's
budget has remained static while demand for funding continues to
increase every year.\12\ Therefore, in most instances the FY11 state
and tribal individual funding amounts will not meet the FY10 funding
amounts. Increases in funding are unlikely.
---------------------------------------------------------------------------

\12\ FY10 EPA received $67.1 Million in requests for funding
from States and Tribes under CERCLA 128(a). The FY10 enacted budget
was $49.5 Million. The resulting budget shortfall was approximately
$17 Million.

----------------------------------------------------------------------------------------------------------------
Explanation of request(s) for funding One time \13\ request or Explanation/anticipated
above FY10 award level Amount recurring? outcome
----------------------------------------------------------------------------------------------------------------
Establish or Enhance the four elements: $XX,XXX One Time [ballot]......... Explanation of
1. Timely survey and inventory of Recurring [ballot]........ environmental benefits
brownfields sites; 2. Oversight and Anticipated Outcome:
enforcement authorities or other
mechanisms; 3. Mechanisms and resources
to provide meaningful opportunities for
public participation; and/or 4.
Mechanisms or approval of a cleanup
plan and verification and certification
that cleanup is complete.
Establish and Maintain the Public Record $XX,XXX One Time [ballot]......... Explanation of
Recurring [ballot]........ environmental benefits
Anticipated Outcome:
Enhance the Response Program............ $XX,XXX One Time [ballot]......... Explanation of
Recurring [ballot]........ environmental benefits
Anticipated Outcome:
Site-specific Activities (amount $XX,XXX One Time [ballot]......... Explanation of
requested should be incidental to the Recurring [ballot]........ environmental benefits
workplan, e.g., less than half of the Anticipated Outcome:
total funding requested).

[[Page 69999]]

Environmental Insurance................. $XX,XXX One Time [ballot]......... Explanation of
Recurring [ballot]........ environmental benefits
Anticipated Outcome:
Revolving Loan Fund..................... $XX,XXX One Time [ballot]......... Explanation of
Recurring [ballot]........ environmental benefits
Anticipated Outcome:
Total Increase Requested............ $XX,XXX .......................... ..........................
----------------------------------------------------------------------------------------------------------------
\13\ A one time request is not likely to repeat whereas a recurring charge is likely to periodically occur
again.

D. Reporting of Program Activity Levels

X. Terms and Reporting

Cooperative agreements for state and tribal response programs will
include programmatic and administrative terms and conditions. These
terms and conditions will describe EPA's substantial involvement
including technical assistance and collaboration on program development
and site-specific activities. Each of the subsections below summarizes
the basic terms and conditions and related reporting that will be
required if a cooperative agreement with EPA is awarded.

A. Progress Reports

In accordance with 40 CFR 31.40, state and tribes must provide
progress reports as provided in the terms and conditions of the
cooperative agreement negotiated with EPA regional offices. State and
tribal costs for complying with reporting requirements are an eligible
expense under the section 128(a) cooperative agreement. As a minimum,
state or tribal progress reports must include both a narrative
discussion and performance data relating to the state's or tribe's
accomplishments and environmental outputs associated with the approved
budget and workplan and should provide an accounting of section 128(a)
funding. If applicable, the state or tribe must include information on
activities related to establishing or enhancing the four elements of
the state's or tribe's response program. All recipients must provide
information relating to establishing or, if already established,
maintaining the public record. Depending upon the activities included
in the state's or tribe's work plan, an EPA regional office may request
that a progress report include:
1. Reporting environmental insurance. Recipients with work plans
that include funding for environmental insurance must report:
[cir] Number and description of insurance policies purchased (e.g.,
type of coverage provided; dollar limits of coverage; any buffers or
deductibles; category and identity of insured persons; premium; first
dollar or umbrella; site specific or blanket; occurrence or claims
made, etc.)
[cir] The number of sites covered by the insurance
[cir] The amount of funds spent on environmental insurance (e.g.,
amount dedicated to insurance program, or to insurance premiums)
[cir] The amount of claims paid by insurers to policy holders
2. Reporting for site-specific assessment or cleanup activities.
Recipients with work plans that include funding for brownfields site
assessment or cleanup must input information required by the OMB-
approved Property Profile Form into the Assessment Cleanup and
Redevelopment Exchange System (ACRES) database for each site assessment
and cleanup. In addition, recipients must report how they provide the
affected community with prior notice and opportunity for meaningful
participation as per CERCLA Section 128(a)(2)(C)(ii) on proposed
cleanup plans and site activities. For example, EPA strongly encourages
states and tribes to seek public input regarding the priority of sites
to be addressed and solicit input from local communities, especially
potential environmental justice communities, communities with a health
risk related to exposure to hazardous waste or other public health
concerns, economically disadvantaged or remote areas, and communities
with limited experience working with government agencies.
3. Reporting for other site-specific activities. Recipients with
work plans that include funding for other site-specific related
activities must include a description of the site-specific activities
and the number of sites at which the activity was conducted. For
example:
[cir] Number and frequency of oversight audits of licensed site
professional certified cleanups.
[cir] Number and frequency of state/tribal oversight audits
conducted.
[cir] Number of sites where staff conducted audits, provided
technical assistance, or conducted other oversight activities.
[cir] Number of staff conducting oversight audits, providing
technical assistance, or conducting other oversight activities.
4. Reporting for RLF uses. Recipients with work plans that include
funding for revolving loan fund (RLF) must include the information
required by the terms and conditions for progress reporting under
CERCLA section 104(k)(3) RLF cooperative agreements.
5. Reporting for Non-MOA states and tribes. All recipients without
a VRP MOA must report activities related to establishing or enhancing
the four elements of the state's or tribe's response program. For each
element state/tribes must report how they are maintaining the element
or how they are taking reasonable steps to establish or enhance the
element as negotiated in individual state/tribal work plans. For
example, pursuant to CERCLA section 128(a)(2)(B), reports on the
oversight and enforcement authorities/mechanisms element may include:
[cir] A narrative description and copies of applicable documents
developed or under development to enable the response program to
conduct enforcement and oversight at sites. For example:
legal authorities and mechanisms (e.g., statutes,
regulations, orders, agreements);

[[Page 70000]]

policies and procedures to implement legal authorities;
and other mechanisms;
[cir] a description of the resources and staff allocated/to be
allocated to the response program to conduct oversight and enforcement
at sites as a result of the cooperative agreement;
[cir] a narrative description of how these authorities or other
mechanisms, and resources, are adequate to ensure that:
[cir] a response action will protect human health and the
environment; and be conducted in accordance with applicable federal and
state law; and if the person conducting the response action fails to
complete the necessary response activities, including operation and
maintenance or long-term monitoring activities, the necessary response
activities are completed; and
[cir] a narrative description and copy of appropriate documents
demonstrating the exercise of oversight and enforcement authorities by
the response program at a brownfields site.
The regional offices may also request other information be added to
the progress reports, as appropriate, to properly document activities
described by the cooperative agreement work plan.
EPA regions may allow states or tribes to provide performance data
in appropriate electronic format.
The regional offices will forward progress reports to EPA
Headquarters, if requested. This information may be used to develop
national reports on the outcomes of CERCLA section 128(a) funding to
states and tribes.

B. Reporting of Program Activity Levels

States and tribes must report, by January 31, 2011, a summary of
the previous federal fiscal year's work (October 1, 2009 through
September 30, 2010). The following information must be submitted to
your regional project officer (if no activity occurred in the
particular category, indicate a ``N/A''):
Number of properties enrolled in the response program
supported by the CERCLA section 128(a) funding.
Number of properties that received a ``No Further Action''
(NFA) documentation or a Certificate of Completion (COC) or equivalent,
AND have all required institutional controls in place.
Number of properties that received an NFA or COC or
equivalent and do NOT have all required institutional controls in
place.
Total number of acres associated with properties in the
second bullet above.
(OPTIONAL) Number of properties where assistance was
provided, but the property was NOT enrolled in the response program.
Where applicable, EPA may require states/tribes to report specific
performance measures related to the four elements which can be
aggregated for national reporting to Congress.
For example:
1. Timely Survey & Inventory--Estimated number of brownfields sites
in the state or on tribal land.
2. Oversight & Enforcement Authorities/Mechanisms--Number of active
cleanups and percentage that received oversight; percentage of active
cleanups not in compliance with the cleanup workplan and that received
communications from recipient regarding non-compliance.
3. Public Participation--Percentage of sites in the response
program where public meetings/notices were conducted regarding the
cleanup plan and/or other site activities; number of requests and
responses to site assessment requests.
4. Cleanup Approval/Certification Mechanisms--Total number of ``no
further action'' letters or total number of certificate of completions.
(NOTE: where applicable, this reporting requirement may include
activities not funded with CERCLA Section 128(a) monies, because this
information may be used by EPA to evaluate whether recipients without
MOAs have met or are taking reasonable steps to meet the four elements
of a response program pursuant to CERCLA Section 128(a)(2).)

C. Reporting of Public Record

All recipients must report, as specified in the terms and
conditions of their cooperative agreement, information related to
establishing or, if already established, maintaining the public record,
described above. States and tribes can refer to an already existing
public record, e.g., Web site or other public database to meet the
public record requirement. Recipients reporting may only be required to
demonstrate that the public record a. exists and is up-to-date b. is
adequate. A public record may include the following information:
A list of sites at which response actions have been completed
including:
Date the response action was completed.
Site name.
Name of owner at time of cleanup, if known.
Location of the site (street address, and latitude and
longitude).
Whether an institutional control is in place.
Explain the type of institutional control in place (e.g.,
deed restriction, zoning restriction, local ordinance, state registries
of contaminated property, deed notices, advisories, etc.)
Nature of the contamination at the site (e.g., hazardous
substances, contaminants, or pollutants, petroleum contamination, etc.)
Size of the site in acres.
A list of sites planned to be addressed by the state or tribal
response program including:
Site name and the name of owner at time of cleanup, if
known.
Location of the site (street address, and latitude and
longitude).
To the extent known, whether an institutional control is
in place.
Explain the type of the institutional control in place
(e.g., deed restriction, zoning restriction, local ordinance, state
registries of contaminated property, deed notices, advisories, etc.)
To the extent known, the nature of the contamination at
the site (e.g., hazardous substances, contaminants, or pollutants,
petroleum contamination, etc.)
Size of the site in acres.

D. Award administration information

1. Subaward and executive compensation reporting
Applicants must ensure that they have the necessary processes and
systems in place to comply with the subaward and executive total
compensation reporting requirements established under OMB guidance at 2
CFR Part 170, unless they qualify for an exception from the
requirements, should they be selected for funding.
2. Central Contractor Registration (CCR) and Data Universal Numbering
System (DUNS) Requirements
Unless exempt from these requirements under OMB guidance at 2 CFR
Part 25 (e.g., individuals), applicants must:
a. Be registered in the CCR prior to submitting an application or
proposal under this announcement. CCR information can be found at:
https://www.bpn.gov/ccr/.
b. Maintain an active CCR registration with current information at
all times during which it has an active Federal award or an application
or proposal under consideration by an agency, and
c. Provide its DUNS number in each application or proposal it
submits to the agency. Applicants can receive a DUNS number, at no
cost, by calling the dedicated toll-free DUNS Number request line at 1-
866-705-5711, or visiting the D&B Web site at: http://www.dnb.com.
If an applicant fails to comply with these requirements, it will,
should it be

[[Page 70001]]

selected for award, affect their ability to receive the award.
3. Use of funds
An applicant that receives an award under this announcement is
expected to manage assistance agreement funds efficiently and
effectively and make sufficient progress towards completing the project
activities described in the work-plan in a timely manner. The
assistance agreement will include terms/conditions implementing this
requirement.

Regional State and Tribal Brownfields Contacts
------------------------------------------------------------------------
Region State Tribal
------------------------------------------------------------------------
1--CT, ME, MA, NH, RI, VT....... James Byrne, 5 AmyJean McKeown, 5
Post Office Post Office
Square, Suite 100 Square, Suite 100
(OSRR07-2) (OSRR07-2)
Boston, MA 02109- Boston, MA 02109-
3912 Phone (617) 3912 Phone (617)
918-1389 Fax 918-1248 Fax
(617) 918-1291.. (617) 918-1291
2--NJ, NY, PR, VI............... John Struble, 290 John Struble, 290
Broadway, 18th Broadway, 18th
Floor New York, Floor New York,
NY 10007 Phone NY 10007 Phone
(212) 637-4291 (212) 637-4291
Fax (212) 637- Fax (212) 637-
4211. 4211.
3--DE, DC, MD, PA, VA, WV....... Janice Bartel,
1650 Arch Street
(3HS51)
Philadelphia,
Pennsylvania
19103 Phone (215)
814-5394 Fax
(215) 814-3274.
4--AL, FL, GA, KY, MS, NC, SC, Philip Vorsatz, 61 Philip Vorsatz 61
TN. Forsyth Street, Forsyth Street,
S.W, 10TH FL S.W, 10TH FL
(9T25) Atlanta, (9T25) Atlanta,
GA 30303-8960 GA 30303-8960
Phone (404) 562- Phone (404) 562-
8789 Fax (404) 8789 Fax (404)
562-8788. 562-8788.
5--IL, IN, MI, MN, OH, WI....... Jan Pels, 77 West Jane Neumann 77
Jackson Boulevard West Jackson
(SE-7J) Chicago, Boulevard (SE-4J)
Illinois 60604- Chicago, Illinois
3507 Phone (312) 60604-3507 Phone
886-3009 Fax (312) 353-0123
(312) 692-2161. Fax (312) 697-
2649.
6--AR, LA, NM, OK, TX........... Amber Perry, 1445 Amber Perry, 1445
Ross Avenue, Ross Avenue,
Suite 1200 (6SF) Suite 1200 (6SF)
Dallas, Texas Dallas, Texas
75202-2733 Phone 75202-2733 Phone
(214) 665-3172 (214) 665-3172
Fax (214) 665- Fax (214) 665-
6660. 6660.
7--IA, KS, MO, NE............... Susan Klein, 901 Susan Klein, 901
N. 5th Street N. 5th Street
(SUPRSTAR) Kansas (SUPRSTAR) Kansas
City, Kansas City, Kansas
66101 Phone (913) 66101 Phone (913)
551-7786 Fax 551-7786 Fax
(913) 551-9786. (913) 551-9798.
8--CO, MT, ND, SD, UT, WY....... Dan Heffernan, Barbara Benoy,
1595 Wynkoop 1595 Wynkoop
Street (EPR-B) Street (8EPR-SA)
Denver, CO 80202- Denver, CO 80202-
1129 Phone (303) 1129 Phone (303)
312-7074 Fax 312-6760 Fax
(303) 312-6065. (303) 312-6962.
9--AZ, CA, HI, NV, AS, GU....... Eugenia Chow, 75 Glenn Kistner, 75
Hawthorne St. Hawthorne St.
(SFD-6-1) San (SFD-6-1) San
Francisco, Francisco,
California 94105 California 94105
Phone (415) 972- Phone (415) 972-
3160 Fax (415) 3004 Fax (415)
947-3520. 947-3520.
10--AK, ID, OR, WA.............. Deborah Burgess, Deborah Burgess,
300 Desmond Dr., 300 Desmond Dr.,
SE, Suite 102 SE, Suite 102
(WOO) Lacey, (WOO) Lacey,
Washington 98503 Washington 98503
Phone (360) 753- Phone (360) 753-
9079 Fax (360) 9079 Fax (360)
753-8080. 753-8080.
------------------------------------------------------------------------

XI. 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 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. This
action does not create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175
(63 FR 67249, November 9, 2000). This action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999). Because this final rule has been exempted from review
under Executive Order 12866, this final rule is not subject to
Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). 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. 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. Because this final action
does not contain legally binding requirements, it is not subject to the
Congressional Review Act.

Dated: November 10, 2010.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization, Office of
Solid Waste and Emergency Response.
[FR Doc. 2010-28825 Filed 11-15-10; 8:45 am]
BILLING CODE 6560-50-P