[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Pages 29308-29310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13509]




Beaches Environmental Assessment and Coastal Health Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of Availability of Grants for Development of Coastal 
Recreation Water Monitoring and Public Notification Under the Beaches 
Environmental Assessment and Coastal Health Act.


SUMMARY: The Beaches Environmental Assessment and Coastal Health Act 
(BEACH Act) signed into law on October 10, 2000, amends the Clean Water 
Act (CWA) to reduce the risk of disease to users of the Nation's 
recreational waters. The BEACH Act authorizes the U.S. Environmental 
Protection Agency (EPA) to award program development and implementation 
grants to eligible States, Territories, Tribes, and local governments 
to support microbiological testing and monitoring of coastal recreation 
waters, including the Great Lakes, that are adjacent to beaches or 
similar points of access used by the public. BEACH Act grants also 
provide support for development and implementation of programs to 
notify the public of the potential exposure to disease-causing 
microorganisms in coastal recreation waters. EPA is now encouraging 
coastal States and Territories to apply for BEACH Act Grants for 
Program Development (referred to as Development Grants) to develop 
effective and comprehensive coastal recreation water monitoring and 
public notification programs.

DATES: Submit your application on or before July 30, 2001.

ADDRESSES: You must send your application to the appropriate Regional 
Grant Coordinator listed in this notice under SUPPLEMENTARY INFORMATION 
section VII.

FOR FURTHER INFORMATION CONTACT: Charles Kovatch, 202-260-3754.


I. Grant Program

What Is the Statutory Authority for the Development Grants?

    The statutory authority for BEACH grants section 406(b) of the 
Clean Water Act as amended by the BEACH Act, Public Law 106-284, 114 
Stat. 970 (2000). It provides in part: ``The 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 

What Activities Are Eligible for Funding Under the Development Grants 
in Fiscal Year 2001?

    In Fiscal Year 2001, EPA intends to award grants authorized under 
the BEACH Act to support the development of coastal recreation water 
monitoring and public notification programs. The BEACH Act requires EPA 
to publish performance criteria for monitoring and notification of 
coastal recreation waters by April 2002. EPA expects to publish 
performance criteria for implementation of coastal recreation water 
monitoring and public notification programs in October 2001. In fiscal 
year 2002 and beyond, if funds are appropriated to support this 
program, EPA expects to make grants to also support implementation of 
monitoring and notification programs that are consistent with EPA's 
performance criteria.

II. Funding and Eligibility

Who Is Eligible to Apply for Development Grant Funds Under This Federal 
Register Notice?

    Coastal and Great Lake States are eligible for Development Grants 
to develop and implement monitoring and notification programs. The term 
``State'' is defined in section 502 of the Clean Water Act to include 
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands. However, the 
Trust Territory of the Pacific Islands no longer exists. The Marshall 
Islands, the Federated States of Micronesia, and Palau, which were 
previously entities within the Trust Territory of the Pacific Islands, 
have entered into Compacts of Free Association with the Government of 
the United States. As a result, each is now a sovereign, self-governing 
entity and, as such, is no longer eligible to receive grants as a 
Territory or possession of the United States.

Are Local Governments Eligible for Funding?

    The BEACH Act authorizes EPA to make a grant to a local government 
for implementation of a monitoring and notification program only if, 
after the 1-year period beginning on the date of publication of 
performance criteria, EPA determines that the State is not implementing 
a program that meets the requirements of the statute. EPA expects to 
publish performance criteria in October 2001, and therefore expects 
October 2002 as the earliest date for local governments to be eligible 
for beach grants.

Are Tribal Governments Eligible for Funding?

    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. EPA is developing a rule that would 
establish procedures for Indian tribes to apply for eligibility for 
funding under the BEACH Act. The rule would contain the statutory 
criteria for Indian tribes to be treated in the same manner as a State 
and indicate how a tribe is to apply for such treatment. The rule would 
facilitate the award of funding to Indian tribes that qualify under 
this new CWA program. EPA plans to publish the rule as an interim final 
regulation in the Federal Register by the end of this

[[Page 29309]]

calendar year. Indian tribes could begin to apply to the appropriate 
Regional Administrator for treatment in the same manner as a State 
under the rule as early as 30 days after the publication date. EPA 
expects to accept grant applications for tribes in Fiscal Year 2002.

How Much Funding Is Available?

    For Fiscal Year 2001, EPA expects to award approximately $2 million 
in Development Grants to eligible States and Territories.

How Will the Funding Be Allocated?

    For the first year only, EPA expects to award Development Grants in 
equal amounts to all eligible States and Territories who apply for 
funding. EPA selected the equal amount allocation because this is the 
simplest and quickest way to award grants while being fair to all 
applicants and avoiding complex allocation formulas. The size of the 
award will depend on the number of applicants. If all 35 eligible 
States and Territories apply, the awards are expected to range between 
$50,000 to $60,000. However, if fewer than 35 States and Territories 
apply, then the grant awards will be divided among the number of 
applicants, thus awarding larger grants.

What is the Expected Duration of the Funding and Project Periods?

    The expected funding and project period for Development Grants 
awarded in FY 2001 is one year.

Are Matching Funds Required?

    Recipients are not required to provide matching funds for 
Development Grants awarded under authority of the BEACH Act at this 

III. Grant Condition

    Section 406(c) of the BEACH Act requires that as a condition of 
receipt of a Development Grant, recipients 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 
    (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 the 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.

IV. Additional Eligible Activities

    Recipients may use funds for activities in support of developing a 
beach monitoring and notification program, including:
    (1) activities to comply with the grant conditions specified in 
section III above;
    (2) quality assurance and quality control (QA/QC) procedures 
consistent with the requirements under 40 CFR 31.45; to develop and 
implement QA/QC practices for environmentally related measurements or 
data generation sufficient to produce data of quality adequate to meet 
project objectives and to minimize loss of data due to out-of-control 
conditions or malfunctions;
    (3) data quality objectives (DQOs), quality assurance project plan 
(QAPP) and standard operating procedures (SOPs) that clarify study 
objectives, define the appropriate type of data, and specify tolerable 
levels of potential decision errors that will be used as the basis for 
establishing the quality and quantity of data needed to support 

V. Selection Process

What Criteria Will Be Used To Evaluate Applications and Award 
Development Grants?

    Development Grants will be awarded through a non-competitive 
process by the EPA Regional offices. EPA expects to award grants to all 
eligible State and Territory applicants that meet requirements of the 
BEACH Act as described in this notice.

Who Has the Authority To Award Development Grants?

    The Administrator has delegated the authority to award Development 
Grants to the Regional Administrators.

VI. Application Procedure

What Is the Catalog of Federal Domestic Assistance (CFDA) Number for 
the BEACH Program Development Grant?

    The number assigned to the Development Grants is 66.472, Program 
Code CU.

May the Development Grants Be Included as Part of the Performance 
Partnership Grants Program?

    For Fiscal Year 2001, Development Grants cannot be included in a 
Performance Partnership Grant.

What Are the Components of the Application Package?

    The application package should contain completed EPA SF-424 
Application for Federal Assistance and be submitted to the appropriate 
EPA Regional Office by July 30, 2001. Contact the appropriate EPA 
Regional Office for a complete application package. See section VII for 
a list of EPA Regional Grant Coordinators or visit the Beach Watch 
Website at www.epa.gov/ost/beaches on the Internet.

What Regulations Will Govern the Award and Administration of 
Development Grants?

    Development Grants will be awarded and administered according to 
the regulations at 40 CFR part 31 (``Uniform Administrative 
Requirements for Grants and Cooperative Agreements to State and Local 

Will Quality Assurance and Quality Control (QA/QC) and Other Procedures 
Be Required for Application?

    No. A QA/QC plan is not required for the application, however under 
40 CFR 31.45 a QA/QC plan is required for any environmentally related 
measurements or data generation (e.g. monitoring) performed under the 
grant. (See section IV of this document).

[[Page 29310]]

Will There Be Reporting Requirements?

    Recipients must submit annual performance reports on the progress 
of the program development, as required in sections 31.40 and 31.41.

VII. Grant Coordinators

    Grant Coordinators:

Headquarters--Washington DC

Charles Kovatch USEPA, 1200 Pennsylvania Ave. NW--4305, Washington DC 
20460; T:202-260-3754; F: 202-260-9830; [email protected]

Region I--Connecticut, Maine, Massachusetts, New Hampshire, Rhode 

Matt Liebman USEPA Region 1, One Congress St. Ste. 1100--CWQ, Boston, 
MA 02114-2023; T:617-918-1626; F: 617-918-1505; [email protected]

Region II--New Jersey, New York, Puerto Rico, U.S. Virgin Islands

Richard Coleates USEPA Region 2, 2890 Woodbridge Ave. MS220, Edison, NJ 
08837-3679; T: 732-321-6662; F: 732-321-6616; [email protected]

Region III--Delaware, Maryland, Pennsylvania, Virginia

Nancy Grundahl USEPA Region 3, 1650 Arch Street 3ES10, Philadelphia, PA 
19103-2029; T: 215-814-2729; F:215-814-2782; [email protected]

Region IV--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; [email protected]

Region V--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; [email protected]

Region VI--Louisiana, Texas

Mike Schaub USEPA Region 6, 1445 Ross Ave. 6WQ-EW, Dallas, TX 75202-
2733; T: 214-665-7314; F: 214-665-6689; [email protected]

Region IX--American Soma, Commonwealth of the Northern Mariana Islands, 
California, Guam, Hawaii

Terry Fleming USEPA Region 9, 75 Hawthorne St. WTR-2, San Francisco, CA 
94105; T: 415-744-1939; F: 415-744-1078; [email protected]

Region X--Alaska, Oregon, Washington

Pat Cirone USEPA Region 10, 120 Sixth Ave. OW-134, Seattle, WA 98101; 
T: 206-553-1597; F: 206-553-0165; [email protected]

    Dated: May 22, 2001.
Diane C. Regas,
Acting Assistant Administrator of Water.
[FR Doc. 01-13509 Filed 5-29-01; 8:45 am]