48902
Federal
Register
/
Vol.
68,
No.
158
/
Friday,
August
15,
2003
/
Notices
Weekly
receipt
of
Environmental
Impact
Statements
Filed
August
4,
2003
Through
August
8,
2003
Pursuant
to
40
CFR
1506.9.
EIS
No.
030365,
Final
EIS,
NPS,
PA,
Living
With
The
River:
Schuylkill
River
Valley
National
Area
Management
Plan,
Implementation,
Schuylkill,
Chester,
Philadelphia,
Belks,
and
Montgomery
Counties,
PA,
Wait
Period
Ends:
September
8,
2003,
Contact:
Peter
Samuel
(
215)
597
 
1848.
The
above
NPS
EIS
should
have
appeared
in
the
8/
8/
2003
Federal
Register.
The
30­
day
Wait
Period
is
Calculated
from
8/
8/
2003.
EIS
No.
030366,
Final
EIS,
NPS,
NC,
Carl
Sandburg
Home
National
Historic
Site,
General
Management
Plan,
Implementation,
Located
in
the
Village
of
Flat
Rock,
Henderson
County,
NC,
Wait
Period
Ends:
September
15,
2003,
Contact:
Connie
Hudson­
Bucklund
(
828)
693
 
4179.
EIS
No.
030367,
Draft
EIS,
IBR,
CA,
Freeport
Regional
Water
Project,
To
Construct
and
Operate
a
Water
Supply
Project
to
Meet
Regional
Water
Supply
Needs,
Sacramento
County
Water
Agency
(
SCWA)
and
the
East
Bay
Municipal
Utility
District
(
EBMUD),
Alameda,
Contra
Costa,
San
Joaquin,
Sacramento
Counties,
CA,
Comment
Period
Ends:
September
29,
2003,
Contact:
Rod
Schroeder
(
916)
989
 
7274.
EIS
No.
030368,
Draft
EIS,
NPS,
AZ,
Coronado
National
Memorial
General
Management
Plan,
Implementation,
Cochise
County,
AZ,
Comment
Period
Ends:
October
14,
2003,
Contact:
John
Paige
(
303)
969
 
2356.
EIS
No.
230369,
Draft
EIS,
BLM,
OR,
Timbered
Rock
Fire
Salvage
and
Elk
Creek
Watershed
Restoration
Project,
Implementation,
Northwest
Forest
Plan,
Butte
Falls
Resource
Area,
Medford
District,
Douglas,
Jackson
and
Josephine
Counties,
OR,
Comment
Period
Ends:
October
14,
2003,
Contact:
Jean
Williams
(
541)
944
 
6620.
This
document
is
available
on
the
Internet
at:
http://
www.
or.
blm.
gov/
Medford/
TimbrockEIS.
EIS
No.
030370,
Draft
EIS,
BLM,
OR,
Upper
Siuslaw
Late­
Successional
Reserve
Restoration
Plan,
To
Protect
and
Enhance
Late­
Successional
and
Old­
Growth
Forest
Ecosystems,
Eugene
District
Resource
Management
Plan,
Northwest
Forest
Plan,
Coast
Range
Mountains,
Lane
and
Douglas
Counties,
OR,
Comment
Period
Ends:
October
15,
2003,
Contact:
Rick
Colvin
(
541)
683
 
6600.
EIS
No.
030371,
Final
EIS,
FRC,
CA,
El
Dorado
Hydroelectric
Project,
Application
for
a
New
License,
South
Fork
of
the
American
River
Basin
and
Truckee
River
Basin
(
FERC
NO.
184
 
065),
El
Dorado
National
Forest,
Lake
Tahoe
Basin
Management
Unit,
Alpine,
Amador
and
El
Dorado
Counties,
CA,
Wait
Period
Ends:
September
15,
2003,
Contact:
Susan
O'Brien
(
202)
502
 
8449.
This
document
is
available
on
the
Internet
at:
http://
www.
ferc.
gov.
EIS
No.
030372,
Draft
Supplement,
COE,
WV,
Lower
Mud
River
at
Milton
Project,
Updated
Information
on
the
Milton
Local
Protection
Project,
Proposed
Flood
Damage
Reduction
Measure,
City
of
Milton,
Cabell
County,
WV,
Comment
Period
Ends:
September
29,
2003,
Contact:
S.
Michael
Worley
(
304)
529
 
5636.
EIS
No.
030373,
Final
Supplement,
AFS,
CA,
Herger­
Feinstein
Quincy
Library
Group
Forest
Act
Pilot
Project,
Proposal
to
Analyze
Options
for
Maintaining
Defensible
Fuel
Profile
Zones
(
DFPZs),
Lassen,
Plumas
and
Tahoe
National
Forests,
Shasta,
Lassen,
Tehama,
Yuba,
Plumas
and
Battle
Counties,
CA,
Wait
Period
Ends:
September
15,
2003,
Contact:
Linda
Kanski
(
530)
283
 
7821.
EIS
No.
030374,
Draft
EIS,
AFS,
CA,
South
Tahoe
Public
Utility
District
(
STPUD)
B­
Line
Phase
III
Wastewater
Export
Pipeline
Replacement
Project,
Luther
Pass
Pump
Station
to
U.
S.
Forest
Service
Luther
Pass
Overflow
Campground
Access
Road,
Special
Use
Permit,
U.
S.
Army
COE
Section
404
and
US
Fish
and
Wildlife
Service
Permits
Issuance
and
EPA
Grant,
El
Dorado
and
Alpine
Counties,
CA,
Comment
Period
Ends:
September
29,
2003,
Contact:
Gary
Weigel
(
530)
543
 
2665.
EIS
No.
030375,
Final
EIS,
TVA,
TN,
NC,
VA,
Adoption
 
Patriot
Project,
Construction
and
Operation
of
Mainline
Expansion
and
Patriot
Extension
in
order
to
Transport
510,000
dekatherms
per
day
(
dth/
day)
of
Natural
Gas,
TN,
VA
and
NC,
Contact:
Harold
M.
Draper
(
865)
632
 
6889.
Tennessee
Valley
Authority's
has
adopted
the
Federal
Regulatory
Commission's
Final
EIS,
#
020401
filed
09
 
20
 
2002.
TVA
was
a
Cooperating
Agency
for
the
above
final
EIS.
Recirculation
of
the
document
is
not
necessary
under
Section
1506.3(
c)
of
the
Council
on
Environmental
Quality
Regulations.
Dated:
August
12,
2003.
Joseph
C.
Montgomery,
Director,
NEPA
Compliance
Division,
Office
of
Federal
Activities.
[
FR
Doc.
03
 
20902
Filed
8
 
14
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
U
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT
 
2003
 
0033;
FRL
 
7315
 
3]

Solicitation
of
Applications
for
Lead­
Based
Paint
Program
Grants;
Notice
of
Availability
of
Funds
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
EPA's
intent
to
enter
into
cooperative
agreements
with
States,
Territories,
Indian
Tribes,
Intertribal
Consortia,
and
the
District
of
Columbia
to
provide
financial
assistance
for
purposes
of
developing
and
carrying
out
EPAauthorized
lead­
based
paint
programs.
These
programs
and
this
financial
assistance
are
authorized
by
section
404
of
the
Toxic
Substances
Control
Act
(
TSCA).
In
order
for
Indian
Tribes
and
Intertribal
Consortia
to
be
eligible
for
financial
assistance
under
this
program,
the
Indian
Tribes
must
demonstrate
that
they
meet
the
criteria
for
treatment
as
a
State.
The
total
amount
of
fiscal
year
(
FY)
2003
funding
to
be
awarded
to
States,
Territories,
Indian
Tribes,
Intertribal
Consortia,
and
the
District
of
Columbia
for
development
and
implementation
of
EPA­
authorized
leadbased
paint
programs,
and
for
EPA's
direct
implementation
of
such
programs
for
those
States,
Territories,
the
District
of
Columbia,
and
Indian
Tribes
that
do
not
have
EPA­
authorized
programs
is
$
12.5
million.
For
FY2003,
the
Agency
is
allocating
up
to
$
1.0
million
of
these
funds
for
the
Indian
Tribes
and
Intertribal
Consortia.
DATES:
Applications
submitted
by
States,
Territories,
and
the
District
of
Columbia
for
financial
assistance,
identified
by
docket
ID
number
OPPT
 
2003
 
0033,
must
be
received
by
EPA
Regional
staff
on
or
before
September
15,
2003.
Applications
submitted
by
Indian
Tribes
and
Intertribal
Consortia
for
financial
assistance,
identified
by
docket
ID
number
OPPT
 
2003
 
0033,
must
be
received
by
EPA
Regional
staff
on
or
before
September
29,
2003.
ADDRESSES:
Applications
may
be
submitted
by
mail,
or
in
some
instances
electronically.
Please
follow
the
detailed
instructions
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.
To
ensure
VerDate
jul<
14>
2003
16:
08
Aug
14,
2003
Jkt
200001
PO
00000
Frm
00027
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
15AUN1.
SGM
15AUN1
RECEIVED
OPPT
NCIC
2003
August
15
7:
50AM
OPPT­
2003­
0033­
0001
48903
Federal
Register
/
Vol.
68,
No.
158
/
Friday,
August
15,
2003
/
Notices
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPPT
 
2003
 
0033
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
contact:
Barbara
Cunningham,
Director,
Environmental
Assistance
Division
(
7408M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
202)
554
 
1404;
e­
mail
address:
TSCAHotline
epa.
gov.
For
technical
information
contact:
The
appropriate
Regional
Lead
Coordinator
listed
in
Unit
I.
C.
of
the
SUPPLEMENTARY
INFORMATION.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
This
Action
Apply
to
Me?

This
action
is
directed
to
States,
Territories,
eligible
Indian
Tribes,
and
Intertribal
Consortia,
and
the
District
of
Columbia
to
develop
and
carry
out
authorized
lead­
based
paint
programs
under
TSCA
section
404.
In
order
for
Indian
Tribes
and
Intertribal
Consortia
to
be
eligible
for
financial
assistance
under
this
program,
the
Tribes
or
Intertribal
Consortia
must
demonstrate
that
they
meet
the
criteria
at
40
CFR
35.693
for
treatment
as
a
State.
In
order
for
Intertribal
Consortia
to
be
eligible
for
financial
assistance
under
TSCA
section
404(
g)
they
must
also
meet
the
requirements
at
40
CFR
35.504.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
technical
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

B.
How
Can
I
Get
Additional
Information,
Including
Copies
of
This
Document
or
Other
Related
Documents?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPPT
 
2003
 
0033.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
EPA
Docket
Center,
Rm.
B102
 
Reading
Room,
EPA
West,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
EPA
Docket
Center
Reading
Room
telephone
number
is
(
202)
566
 
1744
and
the
telephone
number
for
the
OPPT
Docket,
which
is
located
in
EPA
Docket
Center,
is
(
202)
566
 
0280.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
You
may
also
access
this
document
on
the
Home
Page
for
the
Office
of
Pollution
Prevention
and
Toxics
at
http://
www.
epa.
gov/
lead.
Select
``
What's
New.''
Hard
copies
of
this
document
are
available
from
the
appropriate
Regional
Primary
Lead
person
listed
in
Unit
I.
C.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

C.
How
and
to
Whom
Do
I
Submit
an
Application?
You
may
submit
an
application
through
the
mail,
or
in
some
instances
electronically,
to
the
Regional
Lead
Coordinator
in
the
appropriate
EPA
Regional
Office.
The
mailing
addresses
and
contact
telephone
numbers
for
these
offices
are
listed
below.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPPT
 
2003
 
0033
in
the
subject
line
on
the
first
page
of
your
response.
Region
I:
(
Connecticut,
Maine,
Massachusetts,
New
Hampshire,
Rhode
Island,
and
Vermont),
Regional
Contact­
­
James
Bryson,
USEPA
Region
I,
One
Congress
St.,
Suite
1100
(
CPT),
Boston,
MA
02114
 
0203;
telephone
number:
(
617)
918
 
1524;
e­
mail
address:
bryson.
jamesm@
epa.
gov.
Region
II:
(
New
Jersey,
New
York,
Puerto
Rico,
and
the
Virgin
Islands),
Regional
Contact­­
Lou
Bevilacqua,
USEPA
Region
II,
MS­
225,
2890
Woodbridge
Ave.,
Edison,
NJ
08837;
telephone
number:
(
732)
321
 
6671;
email
address:
bevilacqua.
lou@
epa.
gov.
Region
III:
(
Delaware,
Maryland,
Pennsylvania,
Virginia,
West
Virginia,
and
the
District
of
Columbia),
Regional
Contact­­
Demian
Ellis,
USEPA
Region
III,
(
3WC33),
1650
Arch
Street,
Philadelphia,
PA
19103
 
2029;
telephone
number:
(
215)
814
 
3114;
email
address:
ellis.
demian@
epa.
gov.
Region
IV:
(
Alabama,
Florida,
Georgia,
Kentucky,
Mississippi,
North
Carolina,
South
Carolina,
and
Tennessee),
Regional
Contact­­
Keith
Bates,
USEPA
Region
IV,
61
Forsyth
Street,
S.
W.,
Atlanta,
GA
30303;
telephone
number:
(
404)
562
 
8992;
e­
mail
address:
bates.
keith@
epa.
gov.
Region
V:
(
Illinois,
Indiana,
Michigan,
Minnesota,
Ohio,
and
Wisconsin),
Regional
Contact­­
David
Turpin,
USEPA
Region
V
(
DT­
8J),
77
W.
Jackson
Blvd.,
Chicago,
IL
60604;
telephone
number:
(
312)
886
 
7836;
e­
mail
address:
turpin.
david@
epa.
gov.
Region
VI:
(
Arkansas,
Louisiana,
New
Mexico,
Oklahoma,
and
Texas),
Regional
Contact­­
Eva
Steele,
USEPA
Region
VI,
1445
Ross
Ave.,
12th
Floor,
Dallas,
TX
75202;
telephone
number:
(
214)
665
 
7211;
e­
mail
address:
steele.
eva@
epa.
gov.
Region
VII:
(
Iowa,
Kansas,
Missouri,
and
Nebraska),
Regional
Contact­­
Randall
Whipple,
USEPA
Region
VII,
ARTD/
RALI,
901
North
5th,
Kansas
City,
KS
66101;
telephone
number:
(
913)
551
 
7093;
e­
mail
address:
whipple.
randall@
epa.
gov.
Region
VIII:
(
Colorado,
Montana,
North
Dakota,
South
Dakota,
Utah,
and
Wyoming),
Regional
Contact­­
David
Combs,
USEPA
Region
VIII,
999
18th
St.,
Suite
300,
Denver,
CO
80202;
telephone
number:
(
303)
312
 
6021;
email
address:
combs.
dave@
epa.
gov.
Region
IX:
(
Arizona,
California,
Hawaii,
Nevada,
American
Samoa,
and
Guam),
Regional
Contact­­
Mary
Aycock,
USEPA
Region
IX,
(
CMD­
4­
2),
75
Hawthorne
St.,
San
Francisco,
CA
94105;
telephone
number:
(
415)
947
 
4169;
e­
mail
address:
aycock.
mary@
epa.
gov.
Region
X:
(
Alaska,
Idaho,
Oregon,
and
Washington),
Regional
Contact­­
Barbara
Ross,
USEPA
Region
X,
Solid
Waste
and
Toxics
Unit
(
WCM
 
128),
1200
Sixth
Ave.,
Seattle,
WA
98101;
telephone
number:
(
206)
553
 
1985;
e­
mail
address:
ross.
barbara@
epa.
gov.

D.
What
Should
I
Consider
as
I
Prepare
My
Application
for
EPA?
1.
Purpose
and
scope.
EPA
awards
non­
matching
cooperative
agreements
under
TSCA
section
404(
g)
to
States,
Territories,
eligible
Indian
Tribes
and
Intertribal
Consortia,
and
the
District
of
Columbia
to
develop
and
carry
out
authorized
lead­
based
paint
programs.
The
term
``
Territory''
includes
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
American
Samoa,
the
Northern
Mariana
Islands,
and
any
other
Territory
or
possession
of
the
United
States.
Also,
hereinafter,
the
term
``
States''
includes
the
``
District
of
Columbia.''
In
the
past,
recipients
of
the
grants
have
used
the
funds
to
assist
in
program
development
and
prepare
for
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15,
2003
/
Notices
program
authorization.
EPA
intends
to
continue
to
support
the
development
and
authorization
of
these
programs
as
well
as
implementation
of
authorized
programs
as
budget
constraints
allow.
This
Notice
has
been
developed
based
on
the
knowledge
that
some
States,
Tribes,
and
Territories
have
received
authorization
and
that
several
States
and
Indian
Tribes
are
continuing
to
develop
their
programs.
This
Notice
addresses
the
criteria
EPA
will
consider
when
evaluating
the
grant
proposals
submitted
to
the
Agency.
Under
TSCA
section
404,
EPA
authorizes
States,
Territories,
and
eligible
Indian
Tribes
and
Intertribal
Consortia
to
administer
lead­
based
paint
programs
in
lieu
of
the
corresponding
Federal
program.
These
lead­
based
paint
programs
are
intended
to
reduce
the
incidence
of
childhood
lead
poisoning
by
ensuring
that
individuals
conducting
lead­
based
paint
activities
are
properly
trained
and
certified
and
that
renovation
contractors
provide
lead­
hazard
information
to
building
owners
and
residents.
EPA
issued
regulations
to
establish
these
lead­
based
paint
programs
under
the
authority
of
TSCA
sections
402
and
406.
In
40
CFR
part
745,
subpart
L,
EPA
promulgated
regulations
pursuant
to
TSCA
section
402
that
cover
the
training
and
certification
of
individuals
engaged
in
lead­
based
paint
activities.
In
40
CFR
part
745,
subpart
E,
EPA
issued
regulations
pursuant
to
TSCA
section
406.
The
regulation
requires
persons
performing
renovation
in
residential
housing
to
provide
a
lead
hazard
information
pamphlet
to
the
owner
and
occupant
of
the
housing
prior
to
renovation.
The
procedures
for
authorizing
States,
Territories,
and
eligible
Indian
Tribes
and
Intertribal
Consortia
to
implement
these
lead­
based
paint
programs
are
found
at
40
CFR
part
745,
subpart
Q.
2.
Goal
and
objectives.
Pursuant
to
Title
IV
of
TSCA,
EPA
encourages
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
to
seek
authorization
of
their
own
lead­
based
paint
programs.
EPA's
goal
is
to
have
authorized
programs
in
all
States
and
a
large
number
of
Territories,
and
on
a
large
number
of
Indian
Tribal
lands.
EPA
therefore
recommends
that
parties
seek
funding
through
the
TSCA
Title
IV
section
404(
g)
assistance
program,
which
is
being
implemented
to
assist
with
development
and
implementation
of
lead­
based
paint
programs.
Since
1994,
EPA
has
been
offering
financial
assistance
under
TSCA
section
404(
g)
in
the
form
of
cooperative
agreements
without
matching­
fund
requirements.
In
the
upcoming
funding
cycle,
the
Agency
will
continue
to
work
with
eligible
applicants
to
develop
cooperative
agreements
consistent
with
the
objectives
critical
to
the
ultimate
success
of
implementation
of
a
national
lead
program,
with
the
emphasis
on
State,
Territorial,
Indian
Tribal,
and
Intertribal
Consortium
programs.
Although
EPA's
goal
is
to
have
authorized
programs
in
all
States
and
a
large
number
of
Territories,
and
on
a
large
number
of
Indian
Tribal
lands,
the
Agency
and
Congress
anticipated
that
there
would
be
a
number
of
States,
Territories,
and
Indian
Tribes
that
would
not
seek
program
authorization.
Consistent
with
authority
granted
in
the
Agency's
FY
1998
Appropriation
Act
(
Ref.
1),
and
the
provisions
contained
within,
EPA
is
authorized
to
use
section
404(
g)
funds
to
implement
a
Federal
lead­
based
paint
program
for
nonauthorized
States,
Territories,
and
Indian
Tribes.
See
40
CFR
35.116
and
40
CFR
35.516.
[
Note:
Where
the
Agency
has
direct
implementation
responsibilities,
EPA
cannot
provide
financial
assistance
under
this
grant
program
to
non­
authorized
States,
Indian
Tribes,
or
Intertribal
Consortia,
or
Territories
to
assist
the
Agency
in
implementing
and
enforcing
a
Federal
program
under
TSCA
section
404(
h).]
The
cooperative
agreements
must
be
used
to
develop
and
implement
authorized
programs.
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
that
do
not
have
authorized
programs
may
receive
cooperative
agreement
funding,
but
only
for
the
continued
development
of
lead­
based
paint
programs
which
will
meet
the
requirements
of
TSCA
Title
IV.
To
receive
continued
funding,
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
without
an
authorized
program
must
be
making
progress
toward
an
authorized
program.
Therefore,
the
Regional
Offices,
as
part
of
their
grant
oversight
responsibilities,
will
work
with
the
grantees
to
determine
the
appropriate
amount
of
continued
funding
based
upon
the
amount
of
developmental
work
to
be
completed
as
the
grantee
makes
progress
toward
authorization.
Eligible
parties
may
utilize
this
grant
support
in
a
way
that
complements
and
does
not
duplicate
activities
for
which
they
already
receive
or
could
receive
financial
assistance
from
other
Federal
sources
(
e.
g.,
Center
for
Disease
Control
(
CDC)
and
U.
S.
Department
of
Housing
and
Urban
Development
(
HUD)).
This
section
404(
g)
Notice
is
one
of
two
Notices
that
announce
the
availability
of
funds
for
Indian
Tribes
and
Intertribal
Consortia
conducting
various
lead­
based
paint
activities.
A
separate
Federal
Register
notice
titled
Educational
Outreach
and
Baseline
Assessment
of
Existing
Exposure
and
Risks
of
Exposure
to
Lead
Poisoning
of
Tribal
American
Children,
also
called
Title
X
Tribal
Lead
Grant
Program,
will
be
published
at
a
later
date.
As
stated
in
this
unit,
Indian
Tribes
and
Intertribal
Consortium,
as
well
as
all
grantees,
will
not
be
awarded
grants
to
fund
the
same
activities
from
more
than
one
source.
Although
a
Tribe
may
apply
to
receive
grant
funding
from
both
Notices,
they
each
have
very
distinct
objectives.
The
grant
program
opportunities
described
in
the
other
Notice
may
serve
as
precursors
to,
but
not
as
equivalents
or
supplements
to,
the
section
404(
g)
leadbased
paint
grant
program
described
in
this
Notice.
Grant
funds
will
not
be
awarded
to
Tribes
who
apply
for
both
grant
programs
during
the
same
time.
The
section
404(
g)
lead­
based
paint
grant
program,
for
which
funding
is
provided
in
this
Notice,
involves
infrastructure
development
for
the
anticipated
implementation
of
a
lead
program
and
does
not
include
activities
(
testing
for
lead
in
blood,
paint,
dust,
or
soil
samples,
or
general
outreach
and
education
activities)
listed
in
the
other
Notice.
Under
TSCA,
authorized
lead­
based
paint
training
and
certification
programs
are
required
to
collect
fees
to
cover
certain
costs
incurred
by
the
program.
These
fees
are
considered
``
program
income,''
which
is
defined
as
``
gross
income
received
by
a
grantee
or
subgrantee
directly
generated
by
a
grant
supported
activity,
or
earned
only
as
a
result
of
the
grant
agreement
during
the
grant
period.''
See
40
CFR
31.25(
b).
It
includes
income
from
fees
for
services
performed
by
the
recipient.
Program
income
generated
by
activities
supported
under
TSCA
section
404(
g)
grants
may
include
fees
that
a
State,
Territory,
Indian
Tribe,
or
Intertribal
Consortium
charges
for
training,
accreditation,
certification,
licensing
or
other
services
performed
by
the
lead
training
and
certification
programs,
as
well
as
fees
that
are
collected
which
provide
for
enforcement
of
standards
and
regulations.
Consequently,
States,
Indian
Tribes,
Intertribal
Consortia,
and
Territories
must
comply
with
the
rules
governing
``
program
income,''
found
at
40
CFR
31.25,
and
use
the
funds
generated
by
grant
supported
activities
to
assist
with
program
operation
costs.
3.
Eligibility.
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
are
eligible
to
apply
for
financial
assistance
under
this
program
if
they
are
either
implementing
an
EPA­
authorized
lead­
based
paint
program
pursuant
to
40
CFR
part
745,
subpart
Q
or
developing
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Vol.
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158
/
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August
15,
2003
/
Notices
a
lead­
based
paint
program
that
may
be
authorized
in
the
future.
However,
funds
will
be
awarded
based
upon
the
progress
made
by
the
applicant
in
developing
an
acceptable
program,
including
implementing
regulations.
Failure
to
make
satisfactory
progress
toward
program
authorization
will
result
in
a
State,
Territory,
Indian
Tribe,
or
Intertribal
Consortium
not
receiving
funding.
The
EPA
Regional
Offices,
as
part
of
their
grant
oversight
responsibilities,
will
have
discretion
with
respect
to
determining
whether
sufficient
progress
is
being
made
by
a
given
State,
Territory,
Indian
Tribe,
and/
or
Intertribal
Consortium
toward
the
development
and
implementation
of
a
program
under
TSCA
Title
IV.
States,
Territories,
eligible
Indian
Tribes
and
Intertribal
Consortia
may
choose
to
combine
section
404(
g)
grant
funds
with
other
environmental
program
grants
as
part
of
a
performance
partnership
grant
(
PPG)
if
the
requirements
in
40
CFR
35.130
through
35.138
(
which
apply
to
States)
and
40
CFR
35.530
through
35.538
(
which
apply
to
Indian
Tribes
and
Intertribal
Consortia)
are
adhered
to
by
the
grantee.
4.
Authority.
The
TSCA
Title
IV
leadbased
paint
program
is
a
cooperative
agreement
program
administered
by
EPA
under
the
authority
of
section
404(
g)
of
TSCA.
Regulations
governing
these
cooperative
agreements
are
found
at
40
CFR
part
31
(
Uniform
Administrative
Requirements
for
Grants
and
Cooperative
Agreements
to
State
and
Local
Governments).
Regulations
which
supplement
the
EPA
general
assistance
regulations
found
in
40
CFR
part
31
are
found
at
40
CFR
part
35,
subpart
A
and
subpart
B.
Contained
within
40
CFR
part
35
are
specific
sections
which
govern
grants
and
cooperative
agreements
for
the
leadbased
paint
program
under
section
404(
g);
40
CFR
35.270
through
35.273
(
applicable
to
States,
Territories,
and
the
District
of
Columbia),
and
40
CFR
35.690
through
35.693
(
applicable
to
Indian
Tribes
and
Intertribal
Consortia).
The
EPA
Regional
Offices
administer
the
section
404(
g)
cooperative
agreements
pursuant
to
a
delegation
of
authority
which
permits
the
10
EPA
Regional
Administrators
to
enter
into
cooperative
agreements
with
eligible
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia.
5.
Activities
to
be
funded.
This
Notice
was
developed
by
EPA's
Office
of
Pollution
Prevention
and
Toxics
(
OPPT)
in
cooperation
with
the
Agency's
10
Regional
Offices,
to
describe
in
more
detail
the
required
elements
of
grant
agreements
funded
under
TSCA
section
404(
g),
to
describe
the
eligible
activities
that
will
be
considered
for
funding,
and
to
facilitate
and
support
Regional
administration
of
this
program.
EPA's
list
of
eligible
grant
activities
includes
activities
that
are
outlined
as
required
elements
of
authorized
lead­
based
paint
programs,
including
development
of
enabling
legislation
and
regulations,
enforcement
components,
as
well
as
other
items
associated
with
performance
reporting.
The
elements
are
specified
in
40
CFR
745.325
through
745.327,
and
are
repeated
in
this
unit
to
assist
with
the
development
of
applicant
work
plans.
More
recently,
EPA
promulgated
its
final
TSCA
section
403
lead
hazard
standards.
The
hazard
standards
were
published
on
December
22,
2000,
and
can
be
found
at
40
CFR
part
745,
subpart
D.
The
final
TSCA
section
403
standards
also
amended
the
work
practice
standards
for
lead­
based
paint
activities
found
at
40
CFR
745.227.
These
amendments
establish
clearance
standards
for
dust,
limit
reuse
of
abated
soil,
add
a
requirement
for
interpreting
composite
dust
clearance
samples,
and
change
risk
assessment
and
clearance
sampling
requirements
to
ensure
compatibility
between
sampling
results
and
the
TSCA
section
403
hazard
standards
and
section
402
clearance
standards.
In
order
to
maintain
their
authorization,
authorized
State,
Territory,
Indian
Tribe,
and
Intertribal
Consortium
lead­
based
paint
activities
programs
must
develop
lead
hazard
and
clearance
standards
that
are
as
protective
of
human
health
and
the
environment
as
the
Federal
standards
(
40
CFR
745.324).
TSCA
section
404(
g)
funds
can
be
utilized
by
authorized
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
to
develop
and/
or
adopt
lead
hazard
standards
and
clearance
standards
for
lead
in
soil,
dust,
and
paint.
Another
potential
regulatory
change
should
be
considered
by
applicants.
Pursuant
to
TSCA
section
402(
c)(
3),
EPA
is
developing
a
program
that
will
integrate
both
regulatory
and
voluntary
components,
to
the
extent
that
each
is
feasible,
to
govern
the
conduct
of
renovation
and
remodeling
activities
that
create
lead­
based
paint
hazards.
As
with
existing
EPA
lead­
based
paint
regulations,
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
will
be
given
the
opportunity
to
seek
program
authorization.
While
it
may
be
some
time
before
this
program
is
in
place,
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
are
encouraged
to
begin
considering
the
need
for
such
a
program
in
their
jurisdiction.
TSCA
section
404(
g)
funds
can
be
utilized
to
assist
in
the
regulatory
component
of
this
program.
In
the
interim,
EPA
has
developed
a
model
renovators
training
curriculum
titled
``
Minimizing
Lead­
Based
Paint
Hazards
During
Renovation,
Remodeling,
and
Repainting.''
EPA
has
made
this
course
available,
and
is
encouraging
its
use
voluntarily
until
the
renovation
and
remodeling
rule
is
effective.
The
course
is
available
on
the
internet
at
http://
www.
epa.
gov/
lead/
rrmodel.
htm,
and
a
limited
number
of
printed
copies
are
available
from
the
National
Lead
Information
Center
at
1
 
800
 
424
 
LEAD.
Although
the
list
is
not
exhaustive,
the
following
activities
are
eligible
for
funding
under
section
404(
g)
if
they
are
conducted
in
support
of
developing
and
implementing
lead­
based
paint
programs
authorized
pursuant
to
40
CFR
part
745,
subpart
Q.
In
addition,
the
Agency
will
consider
for
funding
other
activities
which
focus
on
the
development
and
implementation
of
authorized
programs,
such
as:
a.
Develop
and/
or
adopt
lead
hazard
standards
and
clearance
standards
for
lead
in
soil,
dust,
and
paint.
b.
Develop
and/
or
enact
enabling
legislation.
c.
Adopt
implementing
regulations.
d.
Develop
a
system
to
document
certification
of
inspectors,
risk
assessors,
supervisors,
workers
and
project
designers.
e.
Adjust
or
enhance
the
appropriate
infrastructure
to
accommodate
additional
program
responsibilities.
f.
Maintain,
improve
and/
or
develop
the
appropriate
infrastructure
to
successfully
administer
and
enforce
a
program
to
ensure
that
individuals
engaged
in
lead­
based
paint
activities
are
properly
trained,
that
training
programs
are
accredited,
and
that
contractors
and
firms
engaged
in
such
activities
are
certified.
g.
Maintain,
improve
and/
or
develop
the
appropriate
infrastructure
to
successfully
administer
and
enforce
a
program
to
ensure
that
renovation
contractors
provide
lead­
hazard
information
to
building
owners
and
residents.
h.
Oversee
the
conduct
of
certified
contractors
engaged
in
lead­
based
paint
activities
to
ensure
that
they
are
conducting
their
activities
according
to
all
applicable
regulations,
including
monitoring
inspection,
risk
assessment,
and
abatement
activities
per
the
authorized
program.
i.
Oversee
accredited
training
programs
per
the
authorized
program.
j.
Develop
and/
or
revise
as
needed,
work
practice
standards
for
the
conduct
of
lead­
based
paint
activities
associated
with
inspections,
risk
assessments,
and
abatement.

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k.
Monitor
compliance
with
work
practice
standards
or
regulations
for
the
conduct
of
abatement
per
the
authorized
program.
l.
Implement
the
timely
training
of
enforcement
inspectors.
m.
Implement
lead­
based
paint
compliance
assistance
programs.
n.
Implement
compliance
and
enforcement
inspection
sampling
techniques.
o.
Adopt
or
develop
specific
leadbased
paint
hazard
values
or
standards.
p.
Maintain,
improve,
and/
or
develop
specific
procedures
and
supporting
documentation
to
carry
out
the
enforcement
program
as
described
in
an
authorized
program.
Typical
activities
could
include
development
of
administrative
or
civil
action
procedures
and
the
associated
warning
letters,
notices
of
noncompliance,
or
the
equivalent.
q.
Maintain,
improve,
and/
or
develop
specific
procedures
and
supporting
documentation
to
carry
out
the
tracking
of
tips
and
complaints
as
described
in
the
authorized
program.
Typical
activities
could
include
development
of
methods
of
recording
the
receipt
of
complaints,
referring
lead­
based
paint
complaints
to
appropriate
State
or
local
agencies,
tracking
the
follow­
up
investigation,
tracking
any
enforcement
action
associated
with
the
complaint,
and
notifying
citizens
of
the
disposition
of
their
complaints.
r.
Prepare
a
report
per
40
CFR
745.327(
d)
and/
or
40
CFR
part
31
grant
reporting
requirements
on
the
applicant's
program
progress
and
performance.
s.
Develop
and/
or
revise
as
needed,
the
lead­
based
paint
programs,
including
regulations
or
procedures
for
decertification,
suspension,
revocation
or
modification
of
approvals
and
certificates.
t.
Develop
and/
or
revise
as
needed,
requirements
for
the
administration
of
a
third­
party
certification
exam.
u.
Develop
and/
or
revise
as
needed,
lead­
based
paint
programs'
authority
to
enter,
for
purposes
of
inspection,
and
other
relevant
enforcement
authorities.
v.
Develop
and/
or
revise
as
needed,
enforcement
remedies,
procedures,
etc.
w.
Maintain,
improve
and/
or
develop
techniques
for
targeting
lead­
based
paint
activities'
inspections.
x.
Improve
the
timeliness
of
the
processing
and
follow­
up
of
inspection
reports
and
other
information
generated
through
enforcement­
related
activities
associated
with
a
lead­
based
paint
program.
y.
Enhance
the
capacity
to
improve
compliance
with
Lead
Program
laws,
and
effectively
develop
and
issue
enforcement
remedies/
responses
to
violations.
z.
Foster
activities
that
would
increase
the
efficiency
of
an
applicant's
program
to
ensure
that
individuals
engaged
in
lead­
based
paint
activities
are
properly
trained;
that
training
programs
are
accredited;
and
that
contractors
engaged
in
such
activities
are
certified.
These
activities
could
include
initiatives
to
develop
local
capacity
in
low­
income
and
rural
areas,
to
promote
increased
competition
in
the
regulated
community
through
agreements
which
permit
entities
recognized
by
an
outside
jurisdiction
to
operate
in
the
grantees
jurisdiction
(
referred
to
as
``
reciprocity''),
and
similar
efforts.
6.
Award
and
distribution
of
funds.
EPA
currently
expects
that
up
to
$
12.5
million
of
FY2003
appropriated
funds
will
be
available
during
the
FY2003
funding
cycle
for
financial
assistance
under
TSCA
section
404(
g)
for
awards
to
States,
Territories,
Indian
Tribes,
and
Intertribal
Consortia
for
development
and
implementation
of
EPA­
authorized
lead­
based
paint
programs,
and
for
EPA's
direct
implementation
of
programs
in
States,
Territories,
and
Indian
Tribes
that
do
not
have
EPA
authorized
programs.
Additional
TSCA
section
404(
g)
carry­
over
funds
from
previous
years
may
also
be
available
from
some
Regions.
For
FY2003
funding,
the
Agency
is
setting­
aside
$
1
million
of
the
$
12.5
million
for
eligible
Indian
Tribes
and
Intertribal
Consortia.
The
remaining
$
11.5
million
plus
any
available
carry­
over
dollars
will
be
used
to
fund
State,
Territorial,
and
Federal
lead­
based
paint
programs.
a.
Financial
assistance
to
Indian
Tribes
and
Intertribal
Consortia.
Each
Indian
Tribe
and
Intertribal
Consortium
that
submits
a
qualifying
proposal
and
is
making
sufficient
progress
toward
the
development
and/
or
implementation
of
an
acceptable
lead­
based
paint
program,
as
determined
by
the
EPA
Regional
Offices,
may
receive
base
funding
of
$
50,000.
Though
Indian
Tribes
and
Intertribal
Consortia
may
submit
qualifying
proposals,
the
award
of
funds
will
be
based
upon
the
applicant's
progress
in
developing
an
acceptable
program,
including
implementing
regulations
and
seeking
program
authorization
from
EPA.
Failure
to
make
satisfactory
progress
toward
program
authorization
may
result
in
the
Indian
Tribe
or
Intertribal
Consortium
receiving
reduced
or
no
funding.
The
Regional
Offices
will
have
the
discretion,
as
part
of
their
grant
oversight
responsibilities,
to
determine
if
the
progress
being
made
toward
program
authorization
is
sufficient
to
warrant
funding.
Further
distribution
of
the
Indian
Tribal
and
Intertribal
Consortia
set­
aside
funds
will
be
dependent
upon
the
number
of
applicants,
the
progress
that
the
grantee
is
making
in
developing
a
program,
the
status
of
expenditures
of
previously
awarded
funds,
population,
and
the
relative
strength
of
the
proposal.
After
the
closing
date
for
submittal
of
Indian
Tribe
and
Intertribal
Consortium
applications
specified
in
this
Notice,
EPA
Headquarters
and
Regional
Offices
will
consider
each
of
the
proposals,
and
make
decisions
about
the
level
of
funding
to
be
awarded
to
each
of
the
applicants.
Following
those
decisions,
EPA
Headquarters
will
transfer
the
funds
to
the
Regional
Offices
for
award
to
the
Tribes
and
Intertribal
Consortia.
Indian
Tribal
and
Intertribal
Consortia
set­
aside
funds
are
not
included
in
the
formula
funds
pool
for
States
and
Territories
discussed
in
Unit
I.
D.
6.
b.
b.
Financial
assistance
to
States
and
Territories.
The
process
used
by
EPA
for
determining
award
funding
levels
for
States
and
Territories
involves
two
steps.
EPA
Headquarters
first
determines,
based
on
various
factors
discussed
below,
the
funding
level
that
will
be
made
available
to
each
of
the
EPA
Regional
Offices
for
grantee
awards
in
the
respective
regions.
Following
distribution
of
the
funds
to
the
EPA
Regional
Offices,
the
Regional
Offices
then
make
decisions
on
the
actual
funding
level
to
be
received
by
each
of
the
grantees.
The
Agency
currently
uses
a
threetiered
system
to
implement
step
one:
The
process
for
deciding
the
amount
of
FY2003
cooperative
agreement
funds
that
will
be
distributed
to
the
EPA
Regional
Offices.
This
system
is
designed
to
provide
a
base
funding
level
for
each
qualified
applicant
and
to
provide
funding
for
EPA
Headquarters
and
Regional
Offices
to
address
direct
program
implementation
responsibilities,
while
providing
funds
targeted
to
areas
with
the
greatest
potential
lead
burden.
The
system
accomplishes
this
first
by
providing
a
discretionary
funding
set­
aside
that
is
used
to
fund
special
needs
among
the
grantees;
second
by
providing
a
base
funding
set­
aside
for
every
State
and
Territorial
applicant;
and
third
by
providing
funding
based
on
a
formula
that
considers
the
relative
lead
burden
estimated
to
exist
within
a
State
or
Territory.
The
discretionary
funding
set­
aside
involves
setting
aside
$
200,000
of
funds
for
each
of
the
10
EPA
Regional
Offices
(
total
$
2.0
million)
for
discretionary
funding
of
grantee
activities
as
well
as
the
Regional
direct
implementation
activities.
These
funds
are
primarily
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intended
to
provide
each
Region
with
the
means
of
awarding
funds
to
States
and
Territories
based
upon
the
progress
that
the
grantee
is
making
in
developing
a
program,
the
overall
quality
of
the
program,
and/
or
identified
needs.
The
EPA
Regional
Offices
will
also
have
the
discretion
to
use
these
dollars
to
help
support
the
Federal
lead­
based
paint
programs
in
non­
authorized
States,
Territories,
and
Tribal
lands
within
the
Region.
The
base
funding
set­
aside
provides
a
base
level
of
funds
for
every
State
and
Territorial
applicant.
Each
State
that
submits
a
qualifying
proposal
and
is
making
sufficient
progress
toward
development
and
implementation
of
an
authorized
lead­
based
paint
program
may
receive
a
base
funding
allotment
of
$
100,000.
Each
Territory
that
submits
a
qualifying
proposal
and
is
making
sufficient
progress
toward
implementation
of
an
acceptable
program
may
receive
a
$
50,000
base.
However,
base
level
funding
for
nonauthorized
States
and
Territories
may
be
reduced
by
the
Regional
Offices
depending
on
progress
made
toward
the
development
and/
or
implementation
of
acceptable
programs.
Funds
are
also
set
aside
and
are
apportioned
to
EPA
Regional
and
EPA
Headquarters
Offices
based
upon
direct
implementation
funding
needs.
These
funds
are
intended
to
ensure
that
EPA
has
adequate
funds
to
directly
implement
the
lead­
based
paint
program
in
nonauthorized
States,
Territories,
and
Indian
Tribes.
Once
base
and
discretionary
funding
set­
asides
are
accounted
for,
the
remaining
State
and
Territorial
funds
are
allocated
through
the
third
tier
of
the
process,
which
involves
allocating
funds
for
every
State
and
Territorial
applicant
based
on
a
formula
that
considers
the
relative
lead
burden
estimated
to
exist
within
States
and
Territories.
States
and
Territories
whose
funding
requests
exceed
their
base
allotments
can
be
given
additional
funds
(``
formula
funds'')
based
upon
their
relative
lead
burden,
and
for
this
exercise,
all
50
States,
the
District
of
Columbia,
and
the
Territories
are
used
to
calculate
the
formula
distribution.
In
calculating
the
lead
burden
for
the
formula
rankings,
EPA
uses
readily
available
data
derived
from
the
2000
Census
and
the
2001
National
Survey
of
Lead
and
Allergens
in
Housing
prepared
by
the
U.
S.
Department
of
Housing
and
Urban
Development.
The
formula
uses
four
factors
to
generate
an
estimate
of
the
potential
lead
problem,
or
``
lead
burden,''
in
each
State
and
Territory.
Two
of
these
factors,
the
number
of
housing
units
with
lead­
based
paint
and
the
number
of
children
under
age
6,
express
the
potential
magnitude
of
the
lead
problem.
The
remaining
two
factors,
the
percentage
of
young
children
in
poverty
and
the
number
of
low­
income
housing
units
with
leadbased
paint,
express
the
potential
severity
of
the
problem.
In
determining
formula
rankings,
each
State
and
Territory
is
scored
independently
for
each
factor,
and
the
four
individual
factor
scores
for
each
of
the
States
and
Territories
are
then
summed
to
obtain
an
overall
score
for
that
applicant
(
a
combined
factor
score).
The
combined
factor
scores
of
all
States
and
Territories
applying
for
formula
funds
are
then
summed,
and
the
percentage
of
the
total
sum
represented
by
the
individual
State's
or
Territory's
score
is
then
identified.
The
applicant's
formula
allotment
is
determined
by
multiplying
the
total
formula
funding
by
the
percentage
scores
of
the
individual
State
or
Territory.
After
funding
levels
(
base,
discretionary,
and
formula
set­
asides)
are
determined
for
each
State
and
Territory,
the
funds
will
be
pooled
for
each
Region
and
transferred
in
bulk
to
the
respective
Regional
accounts.
Following
distribution
of
the
funds
to
the
Regional
Office
accounts,
then
the
second
step
in
the
distribution
process
occurs;
Regional
Offices
determining
the
actual
funding
level
to
be
received
by
each
of
the
grantees.
Funding
levels
per
grantee
will
be
determined
by
the
Regional
Offices
based
on
the
application
submitted
and
may
be
decreased
or
increased
based
on
performance
and/
or
by
fiscal
need,
which
may
include
an
evaluation
of
the
progress
that
the
grantee
is
making
in
developing
a
program,
an
evaluation
of
the
performance
of
the
grantee
in
implementing
a
program,
an
evaluation
of
expenditures
of
previously
awarded
funds,
and/
or
an
evaluation
of
future
funding
needs.
7.
Submission
requirements.
Applicants
are
directed
to
40
CFR
part
35,
subpart
A
and
subpart
B
for
details
on
the
submission
requirements
for
grant
applications.
To
be
considered
for
funding,
each
application
must
include
the
following
components
listed
in
40
CFR
part
35.104
(
applicable
to
States
and
Territories)
or
40
CFR
part
35.505
(
applicable
to
Indian
Tribes
and
Intertribal
Consortia):
i.
Meet
the
requirements
in
40
CFR
part
31,
subpart
B.
ii.
Include
a
proposed
work
plan
that
meets
the
requirements
in
40
CFR
35.107
(
for
States
and
Territories)
or
40
CFR
35.507
(
for
Indian
Tribes
or
Intertribal
Consortia).
iii.
Specify
the
environmental
program
and
the
amount
of
funds
requested.
For
TSCA
Title
IV
section
404(
g)
funding
for
Indian
Tribes,
EPA
is
soliciting
pre­
application
grant
proposals
prior
to
the
submittal
of
the
forms
and
certifications
listed
in
this
unit.
This
pre­
application
procedure
entails
the
applicants
initially
submitting
only
a
work
plan
and
a
budget.
The
Agency
will
use
the
applicants'
work
plans
and
budgets
to
select
programs
to
be
funded
under
this
grant
program.
After
EPA
conducts
a
review
of
all
submitted
pre­
applications,
successful
applicants
will
be
contacted
and
requested
to
submit
the
other
required
documents
listed
in
this
unit,
such
as
the
``
Application
for
Federal
Assistance''
form
(
Standard
Form
424
or
SF424),
and
the
``
Budget
Information:
Non­
Construction
Programs''
form
(
SF424A).
In
addition,
as
part
of
the
preapplication
Indian
Tribes
and/
or
Intertribal
Consortia
must
include
all
appropriate
information
to
demonstrate
that
they
meet
the
criteria
at
40
CFR
35.693
for
treatment
as
a
State.
In
order
for
Intertribal
Consortia
to
be
eligible
for
financial
assistance
under
section
404(
g),
they
must
include
all
appropriate
information
to
demonstrate
that
they
meet
the
requirements
at
40
CFR
35.504
concerning
eligibility.
The
following
forms
and
certifications,
which
are
contained
in
EPA's
``
Application
Kit
for
Assistance,''
must
be
included
in
all
applications:
a.
Standard
Form
424
(
Application
for
Federal
Assistance).
b.
Standard
Form
424A
(
Budget
Information:
Non­
Construction
Programs).
c.
Standard
Form
424B
(
Assurances:
Non­
Construction
Programs).
d.
Standard
Form
LLL
(
Disclosure
of
Lobbying
Activities).
e.
Certification
Regarding
Debarment
and
Suspension.
f.
EPA
Form
4700
 
4
(
Compliance
Review
Report
Form).
g.
Quality
Assurance
Statement.
Application
Kits
for
Assistance
are
available
from
any
of
EPA's
10
Regional
Offices.
The
following
regulations
may
also
be
helpful
to
the
applicants
as
they
prepare
their
financial
assistance
applications:
40
CFR
part
7
(
Nondiscrimination
in
Programs
Receiving
Federal
Assistance
from
the
EPA);
40
CFR
part
12
(
Nondiscrimination
on
the
Basis
of
Handicap
in
Programs
or
Activities
Conducted
by
the
EPA);
40
CFR
part
32
(
Government
Wide
Debarment
and
Suspension
and
Government
Wide
Requirements
for
Drug­
Free
Workplace);
and
40
CFR
part
29
(
Intergovernmental
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Federal
Register
/
Vol.
68,
No.
158
/
Friday,
August
15,
2003
/
Notices
Review
of
EPA
Programs
and
Activities).
Where
a
single
State
or
Territorial
agency
has
been
designated
as
responsible
for
coordinating
lead
activities,
EPA
encourages
that
agency
to
apply
for
funding
under
TSCA
section
404(
g).
Coordination
of
Federally
funded
lead
activities
by
a
single
agency
is
viewed
as
conducive
to
achieving
integration
of
lead
activities.
Early
consultations
are
recommended
between
prospective
applicants
and
their
EPA
Regional
Offices.
Because
TSCA
grants
will
be
administered
at
the
Regional
level,
these
consultations
can
be
critical
to
the
success
of
a
project
or
program,
and
can
also
contribute
substantially
to
efficient
program
operations.
As
part
of
the
work
plan,
EPA
Regional
Offices
may
ask
for
additional
information
that
will
be
useful
in
evaluating
the
program
such
as
the
status
of
enabling
legislation,
a
detailed
line­
item
budget
with
sufficient
information
to
clearly
justify
costs,
a
list
of
work
products
or
deliverables,
a
schedule
for
their
completion
and
application
for
program
authorization
under
TSCA,
and
a
description
of
any
financial
assistance
received
from
other
Federal
sources
concerning
the
lead
program.
Applicants
must
also
include
all
appropriate
information
on
program
income
in
accordance
with
40
CFR
31.25.
Work
plans
are
to
be
negotiated
between
applicants
and
their
Regional
Offices
to
ensure
that
both
EPA
and
State,
Territorial,
or
Tribal
priorities
are
addressed.
Any
application
from
a
State,
Territory,
Indian
Tribe,
or
Intertribal
Consortium
that
is
not
making
sufficient
progress
toward
implementation
of
an
acceptable
program
will
not
be
funded.
Also,
any
applicant
proposing
the
collection
of
environmental
or
health
related
measurements
or
data
generation
must
adequately
address
the
requirements
of
40
CFR
31.45
relating
to
quality
assurance/
quality
control.
EPA
issued
final
guidance
that
provides
details
about
EPA's
requirements
for
the
preparation
of
``
quality
management
plans.''
The
finalized
document
is
titled
``
EPA
Requirements
for
Quality
Management
Plans''
(
EPA
QA/
R
 
2,
March
2001),
and
is
available
from
each
Regional
Office.
8.
Application
procedures.
Applications
must
be
submitted
to
the
appropriate
EPA
Regional
Office
in
duplicate;
one
copy
to
the
Regional
lead
program
branch
and
the
other
to
the
Regional
grants
management
branch.
In
the
case
of
electronic
applications,
if
allowed
by
a
particular
EPA
Regional
Office,
the
applicant
should
follow
the
procedures
required
by
the
Regional
Office
for
submission
of
electronic
applications.
After
the
formula
funding
calculations
are
determined
and
the
funds
are
transferred
to
the
appropriate
EPA
Regional
account,
the
Regional
Office
lead
contact
person
will
contact
the
applicant
and
discuss
the
final
award
allotment.
EPA
Regional
Offices
may
request
the
applicant
to
modify
its
proposed
work
plan
and
cooperative
agreement
based
upon
the
final
cooperative
agreement
allotment.
For
Tribal
applicants,
final
negotiations
for
the
award
of
the
grants,
including
the
completion
of
a
final
work
plan
and
budget,
will
be
completed
after
the
determination
of
successful
applicants.
9.
Reporting.
Pursuant
to
40
CFR
31.40,
grantees
shall,
at
a
minimum,
submit
annual
performance
reports
to
the
appropriate
EPA
Regional
Office.
These
requirements
were
approved
by
the
Office
of
Management
and
Budget
(
OMB)
under
OMB
Control
Number
2030
 
0020
(
General
Administrative
Requirement
for
Assistance
Programs).
The
individual
Regional
Offices
may
require
that
these
reports
be
submitted
on
a
quarterly
or
semiannual
basis,
but
not
more
frequently
than
quarterly.
The
specific
information
contained
within
the
report
will
include,
at
a
minimum,
a
comparison
of
actual
accomplishments
to
the
objectives
established
for
the
period.
Regional
Offices
may
ask
for
the
inclusion
of
specific
data
(
e.
g.,
providing
to
EPA
specific
address
information
associated
with
the
abatement
notifications
that
are
received
by
the
grantee)
as
part
of
the
annual
performance
report
from
the
grantees
which
may
be
useful
for
Agency
reporting
under
the
Government
Performance
and
Results
Act.
It
is
assumed
that
any
data
that
is
requested
to
be
submitted
by
the
grantee
will
already
have
been
collected
pursuant
to
the
grantee's
work
plan.

II.
What
Action
is
the
Agency
Taking?
EPA
is
soliciting
applications
from
States,
Territories,
Indian
Tribes,
Intertribal
Consortia,
and
the
District
of
Columbia
for
financial
assistance
for
purposes
of
developing
and
carrying
out
EPA­
authorized
lead­
based
paint
programs.
Approximately
$
12.5
million
is
available
to
fund
cooperative
agreements
with
States,
Indian
Tribes,
Intertribal
Consortia,
Territories,
and
the
District
of
Columbia
for
development
and
implementation
of
EPA­
authorized
lead­
based
paint
programs.

III.
Statutory
Authority
and
Regulations
EPA
is
authorized
under
TSCA
section
404(
g)
to
make
grants
to
develop
and
carry
out
authorized
lead­
based
paint
programs.
Regulations
governing
these
cooperative
agreements
are
found
at
40
CFR
part
31
and
part
35.

IV.
Submission
to
Congress
and
the
Comptroller
General
Grant
solicitations
such
as
this
are
considered
rules
for
the
purpose
of
the
Congressional
Review
Act
(
CRA).
The
CRA,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
generally
provides
that,
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
This
rule
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).

V.
Reference
1.
Departments
of
Veterans
Affairs
and
Housing
and
Urban
Development,
and
Independent
Agencies
Appropriations
Act,
Public
Law
105
 
65,
111
Stat.
1374.

List
of
Subjects
Environmental
protection,
Grants,
Lead,
Training
and
accreditation.

Dated:
August
8,
2003.
Susan
B.
Hazen,
Acting
Assistant
Administrator,
Office
of
Prevention,
Pesticides
and
Toxic
Substances.

[
FR
Doc.
03
 
20898
Filed
8
 
14
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0274;
FRL
 
7322
 
9]

Glufosinate­
Ammonium;
Notice
of
Filing
a
Pesticide
Petition
to
Establish
a
Tolerance
for
a
Certain
Pesticide
Chemical
in
or
on
Food
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
the
initial
filing
of
a
pesticide
petition
proposing
the
establishment
of
regulations
for
residues
of
a
certain
pesticide
chemical
in
or
on
various
food
commodities.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2003
 
0274,
must
be
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