[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73388-73397]
[FR Doc No: 2016-25770]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9954-44-OLEM]

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 FY2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will accept
requests, from November 1, 2016 through December 31, 2016, for grants
to establish and enhance 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 of a response program and establishing 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 2017, EPA will consider funding requests up to a
maximum of $1.0 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 November 1, 2016. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2017.

ADDRESSES: Mailing addresses for EPA Regional Offices and EPA
Headquarters can be found at www.epa.gov/brownfields and at the end of
this Notice. Funding requests may be submitted electronically to the
EPA Regional Offices.

FOR FURTHER INFORMATION CONTACT: EPA's Office of Solid Waste and
Emergency Response, Office of Brownfields and Land Revitalization,
(202) 566-2745 or the applicable EPA Regional Office listed at the end
this Notice.

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. CERCLA section 128(a) response
program grants are funded with categorical \3\ State and Tribal
Assistance Grant (STAG) appropriations. Section 128(a) cooperative
agreements are awarded and administered by the EPA regional offices.
Generally, these response programs address the assessment, cleanup, and
redevelopment of brownfields sites and other sites with actual or
perceived contamination. This document provides guidance that will
enable states and tribes to apply for and use Fiscal Year 2016 section
128(a) funds.\4\
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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 section 128(a).
    \3\ Categorical grants are issued by the U.S. Congress to fund
state and local governments for narrowly defined purposes.
    \4\ 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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    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 Partnership Grants under 40 CFR part 35 Subparts A
and B, with the exception of funds used to capitalize a revolving loan
fund for brownfield remediation under section 104(k)(3); or purchase
environmental insurance or developing a risk sharing pool, an indemnity
pool, or insurance mechanism to provide financing for response actions
under a State or Tribal response program.
    Requests for funding will be accepted from November 1, 2016 through
December 31, 2016. Requests EPA receives after December 31, 2016 will
not be considered for FY2017 funding. Information that must be
submitted with the funding request is listed in Section IX of this
guidance. States or tribes that do not submit the request in the
appropriate manner may forfeit their ability to receive funds. First
time requestors are strongly encouraged to

contact their Regional EPA Brownfields contacts, listed at the end of
this guidance, prior to submitting their funding request. EPA will
consider funding requests up to a maximum of $1.0 million per state or
tribe for FY2017.
    Requests submitted by the December 31, 2016 request deadline are
preliminary; final cooperative agreement work plans and budgets will be
negotiated with the regional offices once final funding allocation
determinations are made. As in previous years, EPA will place special
emphasis on reviewing a cooperative agreement recipient's use of prior
section 128(a) funding in making allocation decisions and unexpended
balances are subject to 40 CFR 35.118 and 40 CFR 35.518 to the extent
consistent with this guidance. Also, EPA will prioritize funding for
recipients establishing their response programs.
    States and tribes requesting funds are required to provide a Dun
and Bradstreet Data Universal Numbering System (DUNS) number with their
cooperative agreement's final package. For more information, please go
to www.grants.gov.

II. Background

    State and tribal response programs oversee assessment and cleanup
activities at brownfield sites across the country. The depth and
breadth of these programs vary. Some focus on CERCLA related
activities, while others are multi-faceted, addressing sites regulated
by both CERCLA and the Resource Conservation and Recovery Act (RCRA).
Many states also offer accompanying financial incentive programs to
spur cleanup and redevelopment. In enacting CERCLA section 128(a),\5\
Congress recognized the value of state and tribal response programs in
cleaning up and redeveloping brownfield sites. Section 128(a)
strengthens EPA's partnerships with states and tribes, and recognizes
the response programs' critical role in overseeing cleanups.
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    \5\ 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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    This funding is intended for those states and tribes that have the
management and administrative capacity within their government required
to administer a federal grant. 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 of an environmental
response program and that the program establishes and maintains a
public record of sites addressed.
    Subject to the availability of funds, EPA regional personnel will
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 in Section V of this guidance; or be a party to a voluntary
response program Memorandum of Agreement (VRP MOA) \6\ with EPA; AND
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    \6\ 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 section 128(a) funds a state or tribe uses to capitalize a
Brownfields Revolving Loan Fund (RLF), for which there is a 20% cost
share requirement. Section 128(a) funds uses to capitalize a RLF must
be operated in accordance with CERCLA section 104(k)(3).

V. The Four Elements--Section 128(a)(2)

    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 described below.
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.
    The four elements of a response program are described below:
    1. Timely survey and inventory of brownfield sites in state or
tribal land. The goal for 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 brownfield 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 brownfield sites within their state or tribal lands.
Inventories should evolve to a prioritization of sites based on
community needs, planning priorities, and protection of human health
and the environment. Inventories should be developed in direct
coordination with communities, and particular attention should focus on
communities with limited capacity to compete for and manage a
competitive brownfield assessment, revolving loan, or cleanup
cooperative agreement.
    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. The goal for this element is to have state and tribal
response programs that include oversight and enforcement authorities or
other mechanisms, and resources 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 state or tribe will complete the necessary response
activities if the person conducting the response fails to complete them
(this includes operation and maintenance and/or long-term monitoring
activities).
    3. Mechanisms and resources to provide meaningful opportunities for
public participation.\7\ The goal for 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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    \7\ States and tribes establishing this element may find useful
information on public participation on EPA's community involvement
Web site at https://www.epa.gov/superfund/superfund-community-involvement.

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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 to
make cleanup decisions or conduct site activities;
    b. prior notice and opportunity for meaningful public comment on
cleanup plans and site activities, including the input into the
prioritization of sites; 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 brownfield 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 cleanup plans, and verification and
certification that cleanup is complete. The goal for 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 that the 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, as described below, to enable meaningful public
participation (refer to Section V.3 above). Specifically, under section
128(b)(1)(C), states and tribes must:
    1. Maintain and update, at least annually or more often as
appropriate, a public record 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 public record that includes the name and location of
sites at which response actions are planned 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 and include relevant information concerning the
entity responsible for oversight, monitoring, and/or maintenance of the
institutional and engineering controls; and how the responsible entity
is implementing those activities (see Section VI.C).
    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 or are
planned in the upcoming year. In contrast, the ``timely survey and
inventory'' element, described above, refers to identifying brownfield
sites regardless of planned or completed actions.

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 such
information available to the public via the internet or other avenues.
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.\8\ States and tribes should ensure that all affected communities
have appropriate access to the public record by making it available on-
line, in print at libraries, or at other community gathering places.
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    \8\ For further information on data quality requirements for
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 (such as ensuring the entity responsible for
oversight, monitoring, and/or maintenance of the institutional and
engineering controls is implementing those activities) in their work
plans.\9\
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    \9\ States and tribes may find useful information on
institutional controls on the 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 funding to ``establish or enhance'' its response program.
Specifically, a state or tribe may use cooperative agreement funds to
build response programs that include the four elements outline in
section 128(a)(2). Eligible activities include, but are not limited to,
the following:
     Developing legislation, regulations, procedures,
ordinances, guidance, etc. that establish or enhance the administrative
and legal structure of a response program;
     establishing and maintaining the required public record
described in Section VI of this guidance;
     operation, maintenance and long-term monitoring of
institutional controls and engineering controls;
     conducting 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 under CERCLA section 128(a)(2)(C)(ii) to provide for 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-especially from local communities with health risks
related to exposure to hazardous waste or other public health concerns,
those in economically disadvantaged or remote areas, and those with
limited experience working with government agencies. EPA will not
provide section 128(a) funds solely for assessment or cleanup of

specific brownfield sites; site-specific activities must be part of an
overall section 128(a) work plan that includes funding for other
activities that establish or enhance the four elements;
     capitalizing a revolving loan fund (RLF) for brownfields
cleanup as authorized 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 (in the form of
money, labor, material, or services from a non-federal source) 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 relevant to CERCLA section
104(k)(4) also apply; and
     purchasing environmental insurance or developing 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, guidance, and a public
record.

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 such
programs.
    The exact enhancement activities 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., RCRA or Underground Storage Tanks (USTs)). As another example,
states and tribal response program enhancement activities can also
include outreach to local communities (e.g., distressed, environmental
justice, rural, tribal, etc.) to increase awareness about brownfields,
building a sustainable brownfields program, federal brownfields
technical assistance opportunities \10\ (e.g., holding workshops to
assist communities to apply for federal Brownfields grant funding), and
knowledge regarding the importance of monitoring engineering and
institutional controls. Additionally, enhancement activities can
include facilitating the participation of the state and local agencies
(e.g., transportation, water, other infrastructure) in implementation
of brownfields projects. States and tribes can also help local
communities collaborate with local workforce development entities or
Brownfields Environmental Workforce Development Job training recipients
on the assessment and cleanup of brownfield sites.\11\ Other
enhancement uses may be allowable as well.
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    \10\ EPA expects states and tribes will familiarize themselves
with U.S. EPA's brownfields technical assistance opportunities for
brownfields communities. For more information on technical
assistance opportunities, please visit: https://www.epa.gov/brownfields.
    \11\ For more information about EPA's Brownfields Environmental
Workforce Development and Job Training Program, please visit:
https://www.epa.gov/brownfields/types-brownfields-grant-funding.
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    Note: EPA anticipates that states and tribes will work with their
EPA Brownfields Area-Wide Planning, Assessment, Cleanup, and Revolving
Loan Fund recipients to incorporate changing climate conditions in
their reuse plans and clean up remedies, as appropriate.\12\
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    \12\ For more information about EPA's Climate Adaptation Plan,
please visit: https://www.epa.gov/greeningepa/climate-change-adaptation-plans.
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D. Uses Related to Site-Specific Activities

1. Eligible Uses of Funds for Site-Specific Activities
    Site-specific assessment and cleanup activities should establish
and/or enhance the response program and be tied to the four elements.
Site-specific assessments and cleanups can be both eligible and
allowable if the activities is included in the work plan negotiated
between the EPA regional office and the state or tribe, but activities
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 section 101(39). EPA encourages states and tribes to use site-
specific funding to perform assessment (e.g., phase I, phase II,
supplemental assessments and cleanup planning) and cleanup activities
that will expedite the reuse and redevelopment of sites, particularly
those located in distressed, environmental justice, rural or tribal
communities. Furthermore, states and tribes that perform site-specific
activities should plan to directly engage with and involve affected
communities. For example, a Community Relations Plan (CRP) could be
developed to provide reasonable notice about a planned cleanup, as well
as opportunities for the public to comment on the cleanup. States and
tribes should work towards securing additional funding for site-
specific activities by leveraging resources from other sources such as
businesses, non-profit organizations, education and training providers,
and/or federal, state, tribal, and local governments;
    b. absent EPA approval, no more than $200,000 per site assessment
can be funded with section 128(a) funds, and no more than $200,000 per
site cleanup can be funded with section 128(a) funds;
    c. absent EPA approval, the state/tribe may not use funds awarded
under this agreement to assess and/or clean up sites owned or operated
by the recipient or held in trust by the United States Government for
the recipient; and
    d. assessments and cleanups cannot be conducted at sites where the
state/tribe is a potentially responsible party pursuant to CERCLA
section 107, except:
     At brownfield sites contaminated by a controlled substance
as defined in CERCLA section 101(39)(D)(ii)(I); or
     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 in cases where the date of acquisition of the property
was on or before January 11, 2002.
    Subawards are defined at 2 CFR 200.92 and may not be awarded to
for-profit organizations. If the recipient plans on making any
subawards under the cooperative agreement then they become a pass-
through entity. As the pass-through entity, the recipient must report
on its subaward monitoring activities under 2 CFR 200.331(d).
Additional reporting requirements for these activities will be included
in the cooperative agreement. In addition, subawards 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 in cases where the date of acquisition of the property
was on or before January 11, 2002.
2. Limitations on the Amount of Funds Used for Site-Specific Activities
and Waiver Process
    States and tribes may use section 128(a) funds for site-specific
activities that improve state or tribal capacity but the amount
recipients may request for site-specific assessments and cleanups may
not exceed 50% of the total amount of funding.\13\ In order to exceed
the 50% site-specific funding limit, a state or tribe must submit a
waiver request. The total amount of the site-specific request may not
exceed the recipient's total funding level for the previous year. The
funding request must include a brief justification describing the
reason(s) for spending more than 50% of an annual allocation on site-
specific activities. An applicant, when requesting a waiver, must
include the following information in the written justification:
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    \13\ Oversight of assessment and cleanup activities performed by
responsible parties (other than the state or tribe) does not count
toward the 50% limit.
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     Total amount requested for site-specific activities;
     percentage of the site-specific activities (assuming
waiver is approved) in the total budget;
     site-specific activities that will be covered by this
funding. If known, provide site specific information and describe how
work on each site contributes to the development or enhancement of your
state/tribal site response program. EPA recognizes the role of response
programs to develop and provide capacity in distressed, environmental
justice, rural or tribal communities, and encourages prioritization for
site-specific activities in those communities. Further explain how the
community will be (or has been) involved in prioritization of site work
and especially those sites where there is a potential or known
significant environmental impact to the community;
     an explanation of how this shift in funding will not
negatively impact the core programmatic capacity (i.e., the ability to
establish/enhance the four required elements of a response program) and
how the core program activities will be maintained in spite of an
increase in site-specific work. Recipients must demonstrate that they
have adequate funding from other sources to effectively carry out work
on the four elements for EPA to grant a waiver of the 50% limit on
using 128(a) funds for site-specific activities; and
     an explanation as to whether the sites to be addressed are
those for which the affected community(ies) has requested work be
conducted (refer to Section VII.A Overview of Funding for more
information).
    EPA Headquarters will review waiver requests based on the
information in the justification and other information available to the
Agency. EPA will inform recipients whether the waiver is approved.
3. Uses Related to Site-Specific Activities at Petroleum Brownfield
Sites
    States and tribes may use section 128(a) funds for activities that
establish and enhance response programs addressing petroleum brownfield
sites. Subject to the restrictions listed above (see Section VII.D.1)
for all site-specific activities, the costs of site-specific
assessments and cleanup activities at petroleum contaminated brownfield
sites defined in CERCLA section 101(39)(D)(ii)(II), are both eligible
and 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 brownfield
sites contaminated by petroleum to the extent allowed under CERCLA
section 104(k)(3).
4. Additional Examples of Eligible Site-Specific Activities
    Other eligible uses of funds for site-specific related include, but
are not limited to, the following activities:
     Technical assistance to federal brownfields cooperative
agreement recipients;
     development and/or review of quality assurance project
plans (QAPPs); and
     entering data into the Assessment Cleanup and
Redevelopment Exchange System (ACRES) database

E. Uses Related to Activities at ``Non-Brownfield'' Sites

    Other uses not specifically referenced in this guidance may also be
eligible and allowable. Recipients should consult with their regional
state or tribal contact for additional guidance. Costs incurred for
activities at non-brownfield sites may be eligible and allowable if
such activities are included in the state's or tribe's work plan.
Direct assessment and cleanup activities may only be conducted on
eligible brownfield sites, as defined in CERCLA section 101(39).

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

    Funding authorized under CERCLA section 128(a) is awarded through a
cooperative agreement \14\ between EPA and a state or a tribe. The
program administers cooperative agreements under the Uniform
Administrative Requirements, Cost Principles and Audit requirements for
Federal Awards regulations for all entity types including states,
tribes, and local governments found in the Code of Federal Regulations
at 2 CFR part 200 and any applicable EPA regulations in Title 2 CFR
Subtitle B--Federal Agency Regulations for Grants and Agreements
Chapter 15 as well as applicable provisions of 40 CFR part 35 Subparts
A and B. Under these regulations, the cooperative agreement recipient
for a section 128(a) grant is the government to which a cooperative
agreement is awarded and which is accountable for use of the funds
provided. The cooperative agreement recipient is the legal entity even
if only a particular component of the entity is designated in the
cooperative agreement award document. Further, unexpended balances of
cooperative agreement funds are subject to restrictions under 40 CFR
35.118 and 40 CFR 35.518. EPA allocates funds to state and tribal
response programs consistent with 40 CFR 35.420 and 40 CFR 35.737.
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    \14\ A cooperative agreement is an agreement to a state/tribe
that includes substantial involvement by EPA on activities described
in the work plan which may include technical assistance,
collaboration on program priorities, etc.
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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. Maximum Funding Request

    For Fiscal Year 2017, EPA will consider funding requests up to a
maximum of $1.0 million per state or tribe. Please note the CERCLA
128(a) program's annual budget has remained relatively the same since
2003 while demand has increased over time. Due to the increasing number
of entities requesting funding, it is likely that the FY17 states and
tribal individual funding amounts will be less than the FY16 individual
funding amounts.

C. 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. 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.

D. Separate Cooperative Agreements for the Capitalization of RLFS Using
Section 128(A) Funds

    If a portion of the section 128(a) grant funds requested will be
used to capitalize a revolving loan fund for cleanup, pursuant to
section 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
must, 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).

E. Authority To Manage a Revolving Loan Fund Program

    If a state or tribe chooses to use its section 128(a) funds to
capitalize a revolving loan fund program, the state or tribe must have
the lead authority to manage the program (e.g., hold loans, make loans,
enter into loan agreements, collect repayment, access and secure the
site in event of an emergency or loan default). If the agency/
department listed as the point of contact for the section 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.

F. 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 as described in 69 FR 51,756 (2004). Section 128(a) funds
used to capitalize an RLF or purchase environmental 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.

G. 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. While not prohibited, pre-award costs are subject to 40 CFR
35.113 and 40 CFR 35.513.

H. 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 state or tribal response
program annual work plans if EPA determines that these elements 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, on progress reports, or on EPA's review of the state or
tribal response program.

I. 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 in Section VI and below, exists and is being maintained.\15\
Specifically for:
---------------------------------------------------------------------------

    \15\ For purposes of 128(a) 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.
---------------------------------------------------------------------------

     States or tribes that received initial funding prior to
FY16: Requests for FY17 funds will not be accepted from states or
tribes that fail to demonstrate, by the December 31, 2016 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 FY16 cooperative agreement that
prohibited drawdown of FY16 funds prior to meeting the 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; and
     states or tribes that received initial funding in FY16: By
the time of the actual FY17 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 FY17 cooperative agreement that prohibits the
drawdown of FY17 funds until the public record requirement is met).

J. Demonstration of Significant Utilization of Prior Years' Funding

    States and tribes should be aware that EPA and its Congressional
appropriations committees place significant emphasis on the utilization
of prior years' funding. Unused funds prior to FY16 will be considered
in the allocation process. Existing balances of cooperative agreement
funds as reflected in EPA's Financial Data Warehouse may result in an
allocation amount below a recipient's request for funding or, if
appropriate deobligation and reallocation by EPA Regions as provided
for in 40 CFR 35.118 and 40 CFR 35.518.
    EPA Regional staff will review EPA's Financial Database Warehouse
to identify the amount of remaining prior year(s) funds. The requestor
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.

K. Allocation System and Process for Distribution of Funds

    After the December 31, 2016, request deadline, EPA's Regional
Offices will submit summaries of state and tribal requests to EPA
Headquarters. Before doing so, 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, and scope of the perceived need for
funding (e.g., size of state or tribal jurisdiction or the proposed
work plan balanced against capacity of the program, amount of current
year funding, funds remaining from prior years, etc).
    After receipt of the regional recommendations, EPA Headquarters
will consolidate requests and make decisions on the final funding
allocations.
    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 (dates are estimates and
subject to change):

[GRAPHIC] [TIFF OMITTED] TN25OC16.323

IX. Information To Be Submitted With the Funding Request

A. Summary of Planned Use of FY17 Funding

    All states and tribes requesting FY17 funds must submit (to their
regional brownfields contact, shown on the last page of this guidance)
a draft work plan of the funds with associated dollar amounts. Please
contact your regional contact listed on page 29 or visit www.epa.gov/brownfields/brownfields-comprehensive-environmental-response-compensation-and-liability-act-cercla for a sample draft work plan.
    For entities which received CERCLA 128(a) funding in previous
years, respond to the following:
1. Funding Request
    a. Prepare a draft work plan and budget for your FY17 funding
request. The funding requested should be reasonably spent in one year.
The requestor should work, as early as possible, with their EPA
regional program contact to ensure that the funding amount requested
and related activities are reasonable.
    b. In your funding request, include the prior years' funding
amount. Include any funds that you, the recipient, have not received in
payments (i.e., funds EPA has obligated for grants that remain in EPA's
Financial Data Warehouse). EPA will take into account these funds in
the allocation process when determining the recipient's programmatic
needs. The recipient should include a detailed explanation and
justification of prior year funds that remain in EPA's Financial Data
Warehouse. The recipient should consult with the region regarding the
amount of unspent funds which require explanation to ensure they have
addressed the full amount of any remaining balance.
    c. If you do not have an MOA with EPA, demonstrate how your program
includes, or is taking reasonable steps to include, the four elements
described in Section VI.
    For tribal entities which have never received CERCLA 128(a)
funding, respond to the following:
1. Funding Request
    a. Describe your plan to establish a response program, why it is a
priority for your tribe, and why CERCLA 128(a) funding will be
beneficial to your program. If your tribe is already supported by a
tribal consortia receiving CERCLA 128(a) funding, explain why
additional resources are necessary.
    b. Prepare a draft work plan and budget for your first funding
year. The funding requested should be reasonably spent in one year. For
budget planning purposes, it is recommended that you assume funding
sufficient to support 0.5 staff to establish a response program and
some travel to attend regional and national trainings or events.
2. Programmatic Capability
    a. Describe the organizational structure you will utilize to ensure
sound program management to guarantee or confirm timely and successful
expenditure of funds, and completion of all technical, administrative
and financial requirements of the program and cooperative agreement.
    b. Include a brief description of the key qualifications of staff
to manage the response program and/or the process you will follow to
hire staff to manage the response program. If key staff is already in
place, include their roles, expertise, qualifications, and experience.
    c. Discuss how this response program fits into your current
environmental program(s). If you don't have an environmental program,
describe your process to develop, or interest to start one.
    d. Describe if you have had adverse audit findings. If you had
problems with the administration of any grants or cooperative
agreements, describe how you have corrected, or are correcting, the
problems.

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
incorporated into your cooperative agreement.

A. Progress Reports

    In accordance with 2 CFR 200.328 and any EPA specific regulations,
state and tribes must provide progress reports meeting the terms and
conditions of the cooperative agreement negotiated. 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 or tribe accomplishments and
environmental outputs associated with the approved budget and work
plan. Reports should also 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 related to establishing or, if already established,
maintaining the public record. Depending upon the activities included
in the state's or tribe's work plan, the recipient may also need to
report on the following:
    1. Interim and final progress reports. Reports must prominently
display the following information as reflected in the current EPA
strategic plan: Strategic Plan Goal 3: Cleaning Up Communities and
Advancing Sustainable Development; Strategic Plan Objective 3.1:
Promote Sustainable and Livable Communities; and Work plan Commitments
and Timeframes. EPA's

strategic plan can be found on the internet at http://www.epa.gov/planandbudget/strategicplan.html.
    2. 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:
     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:
    [cir] Legal authorities and mechanisms (e.g., statutes,
regulations, orders, agreements); and
    [cir] policies and procedures to implement legal authorities; and
other mechanisms;
     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;
     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
     a narrative description and copy of appropriate documents
demonstrating the exercise of oversight and enforcement authorities by
the response program at a brownfields site.
    3. 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 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 to 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
communities, and communities with limited experience working with
government agencies.
    4. 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:
     Number and frequency of oversight audits of licensed site
professional certified cleanups;
     number and frequency of state/tribal oversight audits
conducted;
     number of sites where staff conducted audits, provided
technical assistance, or conducted other oversight activities; and
     number of staff conducting oversight audits, providing
technical assistance, or conducting other oversight activities.
    5. Reporting required when using funding for an RLF. Recipients
with work plans that include funding for a revolving loan fund must
include the information required by the terms and conditions for
progress reporting under CERCLA section 104(k)(3) RLF cooperative
agreements.
    6. Reporting environmental insurance. Recipients with work plans
that include funding for environmental insurance must report:
     Number and description of insurance policies purchased
(e.g., name of insurer, type of coverage provided, dollar limits of
coverage, any buffers or deductibles, category and identity of insured
persons, premium, first dollar or umbrella, whether site specific or
blanket, occurrence or claims made, etc.);
     the number of sites covered by the insurance;
     the amount of funds spent on environmental insurance
(e.g., amount dedicated to insurance program, or to insurance
premiums); and
     the amount of claims paid by insurers to policy holders.
    The regional offices may also request that 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 December 31, 2016, a summary of
the previous federal fiscal year's work (October 1, 2015 through
September 30, 2016). The following information must be submitted to
your regional project officer:
     Environmental programs where CERCLA section 128(a) funds
are used to support capacity building (general program support, non-
site-specific work). Indicate as appropriate from the following:

__Brownfields
__Underground Storage Tanks/Leaking Underground Storage Tanks
__Federal Facilities
__Solid Waste
__Superfund
__Hazardous Waste Facilities
__VCP (Voluntary Cleanup Program, Independent Cleanup Program, etc.)
__Other________;

     number of properties (or sites) enrolled in a response
program during FY16;
     number of properties (or sites) where documentation
indicates that cleanup work is complete and all required institutional
controls (IC's) are in place, or not required;
     total number of acres associated with properties (or
sites) in the previous bullet;
     number of properties where assistance was provided, but
the property was not enrolled in the response program (OPTIONAL);
     date that the public record was last updated;
     Estimated total number of properties (or sites) in your
brownfields inventory;
     Number of audits/inspections/reviews/other conducted to
ensure engineering controls and institutional controls are still
protective; and
     Did you develop or revise legislation, regulations, codes,
guidance documents or policies related to establishing or enhancing
your Voluntary Cleanup Program/Response Program during FY16? If yes,
please indicate the type and whether it was new or revised.
    EPA may require states/tribes to report specific performance
measures related to the four elements that can be aggregated for
national reporting to Congress.

C. Reporting of Public Record

    All recipients must report, as specified in the terms and
conditions of their cooperative agreement, and in Section VIII.I of
this guidance, 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, and b) is adequate. A public
record must, as appropriate, include the following information:
    A list of sites at which response actions have been completed in
the past year 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;
     type of institutional control(s) 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.);
and
     size of the site in acres.
    A list of sites planned to be addressed by the state or tribal
response program in the coming year 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;
     type of the institutional control(s) 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.); and
     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. System for Award Management (SAM) 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:
    1. Be registered in SAM prior to submitting an application or
proposal under this announcement. SAM information can be found at
https://www.sam.gov/portal/public/SAM/;
    2. Maintain an active SAM registration with current information at
all times during which they have an active federal award or an
application or proposal under consideration by an agency; and
    3. Provide their DUNS number in each application or proposal
submitted 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
affect their ability to receive the award.
    Please note that the Central Contractor Registration (CCR) system
has been replaced by the System for Award Management (SAM). To learn
more about SAM, go to SAM.gov or https://www.sam.gov/portal/public/SAM/.
3. Submitting an Application via Grants.gov
    If funding is provided it will be provided through a cooperative
agreement award. All cooperative agreement applications for non-
competitive assistance agreements must be submitted using Grants.gov.
Below is the information that the applicant will use to submit their
State and Tribal Response Program Grant applications via Grants.gov:
    CDFA number: 66.817.
    Funding Opportunity Number (FON): EPA-CEP-02.
    To learn more about the Grants.gov submission requirements, go to
http://www.epa.gov/ogd/grants_gov_submission_requirement.htm.
4. 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 and conditions related to
implementing this requirement.

             Regional State and Tribal Brownfields Contacts
------------------------------------------------------------------------
           Region                     State                Tribal
------------------------------------------------------------------------
1--CT, ME, MA, NH, RI, VT...  James Byrne, 5 Post   AmyJean McKeown, 5
                               Office Square,        Post Office Square,
                               Suite 100 (OSRR07-    Suite 100 (OSRR07-
                               2), Boston, MA        2), Boston, MA
                               02109-3912, Phone     02109-3912, Phone
<PHONE_NUMBER>, Fax<PHONE_NUMBER>, Fax
<PHONE_NUMBER>.<PHONE_NUMBER>.
2--NJ, NY, PR, VI...........  John Struble, 290     Phillip Clappin, 290
                               Broadway, 18th        Broadway, 18th
                               Floor, New York, NY   Floor, New York, NY
                               10007-1866, Phone     10007-1866, Phone
<PHONE_NUMBER>, Fax<PHONE_NUMBER>, Fax
<PHONE_NUMBER>.<PHONE_NUMBER>.
3--DE, DC, MD, PA, VA, WV...  Michael Taurino,      ....................
                               1650 Arch Street
                               (3HS51),
                               Philadelphia, PA
                               19103, Phone (215)
                               814-3371, Fax (215)
                               814-3274.
4--AL, FL, GA, KY, MS, NC,    Nicole Comick Bates,  Olga Perry, 61
 SC, TN.                       61 Forsyth Street,    Forsyth Street,
                               S.W, 10TH FL          S.W, 10TH FL
                               (9T25), Atlanta, GA   (9T25), Atlanta, GA
                               30303-8960, Phone     30303-8960, Phone
<PHONE_NUMBER>, Fax<PHONE_NUMBER>, Fax
<PHONE_NUMBER>.<PHONE_NUMBER>.
5--IL, IN, MI, MN, OH, WI...  Jan Pels, 77 West     Rosita Clarke-
                               Jackson Boulevard     Moreno, 77 West
                               (SB-7J), Chicago,     Jackson Boulevard
                               IL 60604-3507,        (SB-7J), Chicago,
                               Phone (312) 886-      IL 60604-3507,
                               3009, Fax (312) 692-  Phone (312) 886-
                               2161.                 7215, Fax (312) 697-
                                                     2075.
6--AR, LA, NM, OK, TX.......  Amber Perry, 1445     Amber Perry, 1445
                               Ross Avenue, Suite    Ross Avenue, Suite
                               1200 (6SF), Dallas,   1200 (6SF), Dallas,
                               TX 75202-2733,        TX 75202-2733,
                               Phone (214) 665-      Phone (214) 665-
                               3172, Fax (214) 665-  3172, Fax (214) 665-
                               6660.                 6660.

7--IA, KS, MO, NE...........  Susan Klein, 11201    Jennifer Morris,
                               Renner Boulevard      11201 Renner
                               (SUPRSTAR), Lenexa    Boulevard
                               KS 66219, Phone       (SUPRSTAR), Lenexa
<PHONE_NUMBER>, Fax   KS 66219, Phone
<PHONE_NUMBER>.<PHONE_NUMBER>, Fax
<PHONE_NUMBER>.
8--CO, MT, ND, SD, UT, WY...  Christina Wilson,     Barbara Benoy, 1595
                               1595 Wynkoop Street   Wynkoop Street
                               (EPR-B), Denver, CO   (8EPR-SA), Denver,
                               80202-1129, Phone     CO 80202-1129,
<PHONE_NUMBER>, Fax   Phone (303) 312-
<PHONE_NUMBER>.       6760, Fax (303) 312-
                                                     6962.
9--AZ, CA, HI, NV, AS, GU,    Eugenia Chow, 75      Jose Garcia, Jr.,
 MP.                           Hawthorne St. (SFD-   600 Wilshire Blvd,
                               6-1), San             Suite 1460, Los
                               Francisco, CA         Angeles, CA 90017,
                               94105, Phone (415)    Phone (213) 244-
                               972-3160, Fax (415)   1811, Fax (213) 244-
                               947-3520.             1850.
10--AK, ID, OR, WA..........  Mary K. Goolie, 222   Mary K. Goolie, 222
                               West 7th Avenue #19   West 7th Avenue #19
                               (AOO), Anchorage,     (AOO), Anchorage,
                               AK 99513, Phone       AK 99513, Phone
                               ((907) 271-3414,      ((907) 271-3414,
                               Fax (<PHONE_NUMBER>.  Fax<PHONE_NUMBER>.
------------------------------------------------------------------------

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 review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). 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 action has been exempted from review
under Executive Order 12866, this action 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 action 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: October 13, 2016.
Gail Cooper,
Deputy Director, Office of Brownfields and Land Revitalization, Office
of Land and Emergency Management.
[FR Doc. 2016-25770 Filed 10-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Notices]
[Page 54622-54626]
[DOCID:fr08se10-72]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0019; FRL-8843-8]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has granted emergency exemptions under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions were granted during
the period October 1, 2008 through September 30, 2009 to control
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption for the
name of a contact person. The following information applies to all
contact persons: Team Leader, Emergency Response Team, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended onto be exhaustive, but rather
provides a guide for readers regarding entities likely to be affected
by this action. Other types of entities not listed in this unit could
also be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed at the end of the
emergency exemption of interest.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0019. Publicly available
docket materials are available either electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

II. Background

    EPA has granted emergency exemptions to the following State and
Federal agencies. The emergency exemptions may take the following form:
Crisis, public health, quarantine, or specific.
    Under FIFRA section 18, EPA can authorize the use of a pesticide
when emergency conditions exist. Authorizations (commonly called
emergency exemptions) are granted to State and Federal agencies and are
of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular State. Most
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency
exemptions issued for quarantine or public health purposes. These are
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.
    If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency
granted the exemption, the type of exemption, the pesticide authorized
and the pests, the crop or use for which authorized, number of acres
(if applicable), and the duration of the exemption. EPA also gives the
Federal Register citation for the time-limited tolerance, if any.

III. Emergency Exemptions

A. U. S. States and Territories

Alabama

Department of Agriculture and Industries
Specific exemption: EPA authorized the use of diquat dibromide on
canola as a pre-harvest aid (dessicant); July 5, 2009 to July 1, 2009.
Contact: Marcel Howard.

Arkansas

State Plant Board
Crisis: On March 2, 2009, for the use of chlorantraniliprole on rice
seed to control rice water weevil. This program ended on August 1,
2009. Contact: Marcel Howard.
    On March 19, 2009, for the use of thiamethoxam as a rice seed
treatment to control the insect pest, grape colaspis. This program
ended on August 1, 2009. Contact: Andrea Conrath.

California

Environmental Protection Agency, Department of Pesticide Regulation
Specific exemption: EPA authorized the use of pyraclostrobin on Belgian
endive to control sclerotinia; November 14, 2008 to January 31, 2009.
Contact: Stacey Groce.
    EPA authorized the use of boscalid on Belgian endive to control
sclerotinia; November 14, 2008 to January 31, 2009. Contact: Stacey
Groce.
    EPA authorized the use of maneb on walnut to control walnut blight;
December 5, 2008 to December 5, 2009. Contact: Libby Pemberton.
    EPA authorized the use of thiophanate methyl on mushroom to control
green mold; January 11, 2009 to December 31, 2009. Contact: Andrea
Conrath.
    EPA authorized the use of lavandulyl sescioate on raisin, table,
and wine grapes to control vine mealybugs; March 31, 2009 to September
30, 2009. Contact: Andrew Ertman.

    EPA authorized the use of naphthalene acetic acid on avocado to
inhibit sprouting during storage; April 7, 2009 to September 30, 2009.
Contact: Andrew Ertman.
    EPA authorized the use of avermectin on lima bean to control spider
mites; May 1, 2009 to August 31, 2009. Contact: Andrew Ertman.
    EPA authorized the use of difenoconazole on almond to control
Alternaria leaf spot; May 1, 2009 to June 30, 2009. Contact: Stacey
Groce.
    EPA authorized the use of propiconazole on nectarine to control
sour rot; May 1, 2009 to September 30, 2009. Contact: Andrea Conrath.
    EPA authorized the use of propiconazole on peach to control sour
rot; May 1, 2009 to September 30, 2009. Contact: Andrea Conrath.
    EPA authorized the use of fenpyroximate in honeybee hives to
control varroa mites; June 1, 2009 to September 30, 2009. Contact:
Stacey Groce.
Crisis: On December 9, 2008, for the use of fenpyroximate in honeybee
hives to control varroa mites. This program ended on April 30, 2009.
Contact: Stacey Groce.
    On December 19, 2008, for the use of clothianidin on onions to
control seed corn maggot. This program ended on March 15, 2009.
Contact: Stacey Groce.
    On May 7, 2009, for the use of novaluron on strawberries to control
lygus bug. This program ended on November 1, 2009. Contact: Marcel
Howard.

Colorado

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in honeybee
hives to control varroa mites; October 6, 2008 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of acibenzolar on onions to control thrips,
which transmit iris yellow spot virus; April 21, 2009 to September 1,
2009. Contact: Libby Pemberton.
    EPA authorized the use of spirotetramat on dry bulb onion to
control thrips, which transmit iris yellow spot virus; May 27, 2009 to
September 30, 2009. Contact: Andrew Ertman.
    EPA authorized the use of avermectin on dry bulb onion to control
thrips, which transmit iris yellow spot virus; June 23, 2009 to
September 30, 2009. Contact: Andrew Ertman.

Delaware

Department of Agriculture
Specific exemption: EPA authorized the use of thiophanate methyl on
mushroom to control green mold; January 11, 2009 to December 31, 2009.
Contact: Andrea Conrath.
    EPA authorized the use of spiromesifen on soybean to control spider
mites; May 22, 2009 to September 15, 2009. Contact: Andrea Conrath.

Florida

Department of Agriculture and Consumer Services

Specific exemption: EPA authorized the use of novaluron on strawberries
to control sap beetles; December 31, 2008 to December 31, 2009.
Contact: Andrew Ertman.
    EPA authorized the use of thiophanate on mushroom to control green
mold; January 11, 2009 to December 31, 2009. Contact: Andrea Conrath.

Georgia

Department of Agriculture
Specific exemption: EPA authorized the use of diquat dibromide on
canola as a pre-harvest aid (dessicant); June 4, 2009 to July 30, 2009.
Contact: Marcel Howard.

Hawaii

Department of Agriculture
Crisis: On January 9, 2009, for the use of fipronil in feral beehive
colonies to control varroa mites. This program ended on January 22,
2009. Contact: Stacey Groce.

Idaho

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 6, 2008 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of linuron on lentils to control mayweed
chamomile and prickly lettuce; December 23, 2008 to June 20, 2009.
Contact: Andrea Conrath.
    EPA authorized the use of endothall in agricultural irrigation
canals to control various aquatic weeds; May 11, 2009 to September 15,
2009. Contact: Andrea Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips, which transmit iris yellow spot virus; May 29, 2009 to
September 15, 2009. Contact: Andrew Ertman.
    EPA authorized the use of hexythiazox on sweet corn to control
mites; June 25, 2009 to August 20, 2009. Contact: Andrew Ertman.
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; September 30, 2009 to October 1, 2010. Contact: Stacey
Groce.

Illinois

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 6, 2008 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; September 30, 2009 to October 1, 2010. Contact: Stacey
Groce.
Crisis: On September 7, 2009, for the use of mandipropamid on basil to
control downy mildew. This program ended on September 19, 2009.
Contact: Marcel Howard.

Iowa

Department of Agriculture and Land Stewardship
Specific exemption: EPA authorized the use of sulfentrazone on
strawberries to control broadleaf weeds; June 25, 2009 to December 15,
2009. Contact: Andrew Ertman.

Kansas

Department of Agriculture
Specific exemption: EPA authorized the use of diquat dibromide on
canola as a pre-harvest aid (dessicant); June 17, 2009 to July 6, 2009.
Contact: Marcel Howard.

Kentucky

Department of Agriculture
Specific exemption: EPA authorized the use of diquat dibromide on
canola as a pre-harvest aid (dessicant); June 5, 2009 to July 1, 2009.
Contact: Marcel Howard.

Louisiana

Department of Agriculture and Forestry
Specific exemption: EPA authorized the use of chlorantraniliprole on
rice seed to control rice water weevil; November 26, 2008 to July 31,
2009. Contact: Marcel Howard.
    EPA authorized the use of pyraclostrobin on sugarcane to control
Brown Rust (Puccinia malanocephala); February 13, 2009 to June 30,
2009. Contact: Libby Pemberton.
    EPA authorized the use of anthraquinone on rice seed to repel
blackbirds; March 6, 2009 to March 6, 2010. Contact: Marcel Howard.
Crisis: On February 27, 2009, for the use of anthraquinone in field and
sweet corn seed to repel crows and blackbird species. This program
ended on May 10, 2009. Contact: Marcel Howard.

Maryland

Department of Agriculture
Specific exemption: EPA authorized the use of thiophanate methyl on
mushroom to control green mold; January 11, 2009 to December 31, 2009.
Contact: Andrea Conrath.

Massachusetts

Massachusetts Department of Food and Agriculture
Specific exemption: EPA authorized the use of quinclorac on cranberry
to control dodder disease; June 10, 2009 to July 31, 2009. Contact:
Marcel Howard.

Michigan

Michigan Department of Agriculture
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel sandhill cranes; February 17, 2009 to
February 11, 2010. Contact: Marcel Howard.
    EPA authorized the use of kasugamycin on apple to control fire
blight; April 24, 2009 to April 20, 2010. Contact: Andrew Ertman.
    EPA authorized the use of mancozeb on ginseng to control
Phytophthora blight; May 22, 2009 to October 31, 2009. Contact: Stacey
Groce.
    EPA authorized the use of zoxamide on ginseng to control
Phytophthora blight; May 22, 2009 to October 31, 2009. Contact: Stacey
Groce.
    EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; June 25, 2009 to December 15, 2009. Contact: Andrew
Ertman.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; July 22, 2009 to September 30, 2009. Contact: Andrew
Ertman.

Minnesota

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; February 12, 2009 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of chlorophene in commercial and government
laboratories, including testing, diagnostic, research, and necropsy
laboratories, abattoirs, and other related facilities that handle deer,
elk, sheep, and bovine tissues and wastes that are potentially
contaminated to control prions; August 14, 2009 to August 14, 2012.
Contact: Princess Campbell.
    EPA authorized the use of anthraquinone on field and sweet corn
seed to repel sandhill cranes; December 5, 2009 to July 30, 2010.
Contact: Marcel Howard.

Mississippi

Department of Agriculture and Commerce
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 6, 2008 to October 1, 2009. Contact:
Stacey Groce.
    EPA authorized the use of anthraquinone on field and sweet corn
seed to repel crows and blackbird species; February 27, 2009 to
February 27, 2010. Contact: Marcel Howard.
    EPA authorized the use of anthraquinone on rice seed to repel
blackbirds; March 13, 2009 to March 6, 2010. Contact: Marcel Howard.
    EPA authorized the use of chlorantraniliprole on sweet corn to
control corn earworm; May 14, 2009 to August 1, 2009. Contact: Marcel
Howard.
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; September 30, 2009 to October 1, 2010. Contact: Stacey
Groce.
Crisis: On March 4, 2009, for the use of chlorantraniliprole in rice
seed to control rice water weevil. This program ended on July 1, 2009.
Contact: Marcel Howard.

Missouri

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 6, 2008 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of chlorantraniliprole on rice seed to
control rice water weevil; March 4, 2009 to June 15, 2009. Contact:
Marcel Howard.
    EPA authorized the use of anthraquinone on rice seed to repel
blackbirds; March 6, 2009 to March 6, 2010. Contact: Marcel Howard.
    EPA authorized the use of diquat bromide on canola as a pre-harvest
aid (dessicant); June 5, 2009 to July 1, 2009. Contact: Marcel Howard.
Crisis: On March 4, 2009, for the use of chlorantraniliprole in rice
seed to control rice water weevil. This program ended on June 15, 2009.
Contact: Marcel Howard.

Montana

Department of Agriculture
Quarantine: EPA authorized the use of chlorophene in commercial and
government laboratories, including testing, diagnostic, research, and
necropsy laboratories, abattoirs, and other related facilities that
handle animal tissues and wastes that are potentially contaminated to
control prions; September 29, 2009 to September 29, 2012. Contact:
Princess Campbell.

Nebraska

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; February 12, 2009 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of anthraquinone on field and sweet corn
seed to repel ring-necked pheasants; April 7, 2009 to April 20, 2010.
Contact: Marcel Howard.
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; September 30, 2009 to October 1, 2010. Contact: Stacey
Groce.

Nevada

Department of Agriculture
Specific exemption: EPA authorized the use of bifenazate on timothy to
control Banks grass mite; March 2, 2009 to September 1, 2009. Contact:
Andrea Conrath.

New Jersey

Department of Environmental Protection
Specific exemption: EPA authorized the use of clothianidin on onion to
control corn maggot, onion maggot, and thrips; May 1, 2009 to May 1,
2010. Contact: Stacey Groce.
    EPA authorized the use of quinclorac on cranberry to control
dodder; June 16, 2009 to December 15, 2009. Contact: Marcel Howard.

New Mexico

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onion to control thrips, which transmit iris yellow spot virus; May 29,
2009 to October 31, 2009. Contact: Andrew Ertman.

New York

Department of Environmental Conservation
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onion to control thrips, which transmit iris yellow spot virus; May 29,
2009 to September 15, 2009. Contact: Stacey Groce.
    EPA authorized the use of fenpyroximate in honeybee hives to
control varroa mites; June 1, 2009 to September 30, 2009. Contact:
Stacey Groce.
    EPA authorized the use of avermectin on dry bulb onion to control
thrips, which transmit iris yellow spot virus; June 23, 2009 to
September 15, 2009. The state had authorized use under a crisis prior
to this, on June 18, 2009; that program ended on with the authorization
of the specific of the exemption. Contact: Andrew Ertman.

North Carolina

Department of Agriculture
Crisis: On June 2, 2009, for the use clothianidin on sweet potato to
control white grubs. This program ended on June 17, 2009. Contact:
Stacey Groce.

North Dakota

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in honeybee
hives to control varroa mites; March 27, 2009 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of anthraquinone in field and sweet corn to
repel ring-necked pheasants; April 7, 2009 to April 7, 2010. Contact:
Marcel Howard.
    EPA authorized the use of sulfentrazone on flax to control kochia;
April 21, 2009 to June 30, 2009. Contact: Andrew Ertman.

Ohio

Department of Agriculture
Specific exemption: EPA authorized the use of sulfentrazone on
strawberries to control broadleaf weeds; June 20, 2009 to December 15,
2009. Contact: Andrew Ertman.
    EPA authorized the use of spirotetramat on dry bulb onions to
control broadleaf weeds; July 22, 2009 to September 15, 2009. Contact:
Andrew Ertman.

Oklahoma

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; December 3, 2008 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of pendimethalin on Bermuda grass pastures
and hayfields to control sandbur species; March 12, 2009 to June 30,
2009. Contact: Stacey Groce.
    EPA authorized the use of diquat dibromide on canola as a pre-
harvest aid (dessicant); June 17, 2009 to July 1, 2009. Contact: Marcel
Howard.
Crisis: On May 23, 2009, for the use of s-metolachlor on sesame to
control broadleaf weeds. This program ended on June 7, 2009. Contact:
Marcel Howard.

Oregon

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 6, 2008 to September 30, 2009.
Contact: Stacey Groce.
    EPA authorized the use of thiophanate methyl on mushroom to control
green mold; January 11, 2009 to December 31, 2009. Contact: Andrea
Conrath.
    EPA authorized the use of fenoxaprop-p-ethyl on grass grown for
seed to control grassy weeds; January 23, 2009 to September 15, 2009.
Contact: Andrea Conrath.
    EPA authorized the use of fipronil on rutabaga to control the
cabbage maggot; March 6, 2009 to September 30, 2009. Contact: Andrea
Conrath.
    EPA authorized the use of fipronil on turnip to control the cabbage
maggot; March 6, 2009 to September 30, 2009. Contact: Andrea Conrath.
    EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 15, 2009 to February 28, 2010. Contact: Andrew
Ertman.
    EPA authorized the use of bifenthrin on orchardgrass to control
orchardgrass billbug; April 21, 2009 to December 15, 2009. Contact:
Andrea Conrath.
    EPA authorized the use of spirotetramat on dry bulb onion to
control thrips, which transmit iris yellow spot virus; May 29, 2009 to
September 15, 2009. Contact: Andrew Ertman.

Pennsylvania

Department of Agriculture
Specific exemption: EPA authorized the use of thiophanate methyl on
mushrooms to control green mold; January 11, 2009 to December 31, 2009.
Contact: Andrea Conrath.

South Dakota

Department of Agriculture
Specific exemption: EPA authorized the use of anthraquinone in field
and sweet corn to repel ring-necked pheasants; April 7, 2010 to April
7, 2011. Contact: Marcel Howard.
    EPA authorized the use of fenpyroximate in honeybee hives to
control varroa mites; May 14, 2009 to September 30, 2009. Contact:
Stacey Groce.

Tennessee

Department of Agriculture
Specific exemption: EPA authorized the use of diquat dibromide on
canola as a pre-harvest aid (dessicant); June 5, 2009 to July 1, 2009.
Contact: Marcel Howard.

Texas

Department of Agriculture
Crisis: On February 5, 2008, for the use of pendimethalin on on Bermuda
grass pastures and hayfields to control sandbur species. This program
ended on February 19, 2008. Contact: Stacey Groce.
    On April 16, 2009, for the use of nicosulfuron on Bermuda grass
pastures and hayfields to control sandbur species. This program ended
on September 16, 2009. Contact: Stacey Groce.
    On May 23, 2009, for the use of s-metolachlor on sesame to control
broadleaf weeds. This program ended on June 7, 2009. Contact: Marcel
Howard.
Specific exemption: EPA authorized the use of chlorantraniliprole on
rice seed to control rice water weevil; October 31, 2008 to June 1,
2009. Contact: Marcel Howard.
    EPA authorized the use of triflumizole on parsley to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton.
    EPA authorized the use of triflumizole on dandelion to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of triflumizole on Swiss chard to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of triflumizole on collards to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of triflumizole on kale to control powdery
mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010. Contact:
Libby Pemberton
    EPA authorized the use of triflumizole on kohlrabi to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of triflumizole on mustard greens to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of triflumizole on Chinese napa cabbage to
control powdery mildew (Erysiphe spp.); January 2, 2009 to January 2,
2010. Contact: Libby Pemberton
    EPA authorized the use of triflumizole on coriander (cilantro) to
control powdery mildew (Erysiphe spp.); January 2, 2009 to January 2,
2010. Contact: Libby Pemberton
    EPA authorized the use of triflumizole on broccoli to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of triflumizole on turnip greens to control
powdery mildew (Erysiphe spp.); January 2, 2009 to January 2, 2010.
Contact: Libby Pemberton
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; February 6, 2009 to September 30, 2009. Contact: Stacey
Groce.
    EPA authorized the use of pendimethalin on Bermuda grass

pastures and hayfields to control sandbur species; March 12, 2009 to
June 30, 2009. Contact: Stacey Groce.
    EPA authorized the use of anthraquinone on field and sweet corn
seed to repel sandhill cranes; March 12, 2009 to March 11, 2010.
Contact: Marcel Howard.
    EPA authorized the use of dinotefuron on rice to control rice stink
bug; June 4, 2009 to October 30, 2009. Contact: Libby Pemberton.
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; September 30, 2009 to October 1, 2010. Contact: Stacey
Groce.

Utah

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onions to control thrips, which transmit iris yellow spot virus; May
29, 2009 to September 1, 2009. Contact: Andrew Ertman.

Washington

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 6, 2008 to September 30, 2009.
Contact: Stacey Groce.
Specific exemption: EPA authorized the use of sumithrin and piperonyl
butoxide in overlap areas around residences and agricultural production
areas to control Western Encephalitis mosquito (Culex tarsalis);
October 6, 2008 to October 6, 2009. The Western Encephalitis mosquito
has been implicated in mosquito-borne disease transmission of West Nile
virus, a disease which presents a serious threat to public and animal
health. Contact: Princess Campbell.
    EPA authorized the use of linuron on lentils to control mayweed
chamomile and prickly lettuce; December 23, 2008 to June 20, 2009.
Contact: Andrea Conrath.
    EPA authorized the use of sulfentrazone on strawberries to control
broadleaf; March 15, 2009 to February 28, 2010. Contact: Andrew Ertman.
    EPA authorized the use of spirotetramat on dry bulb onion to
control thrips; July 22, 2009 to September 15, 2009. Contact: Andrew
Ertman.
Crisis: On May 30, 2009, for the use of anthraquinone on field and
sweet corn to repel blackbirds and other bird species. This program
ended on May 30, 2009. Contact: Marcel Howard.
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; September 30, 2009 to October 1, 2010.
Contact: Stacey Groce.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Crisis: On August 17, 2009, for the use of ortho-phenyl-phenol on
potato handling, storage and production areas to control potato ring
rot. This program ended on December 31, 2009. Contact: Andrea Conrath.
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel sandhill cranes; March 12, 2009 to March
11, 2010. Contact: Marcel Howard.
    EPA authorized the use of mancozeb on ginseng to control
Phytophthora blight; May 22, 2009 to October 31, 2009. Contact: Stacey
Groce.
    EPA authorized the use of zoxamide on ginseng to control
Phytophthora blight; May 22, 2009 to October 31, 2009. Contact: Stacey
Groce.
    EPA authorized the use of spirotetramat on dry bulb onion to
control thrips, which transmit iris yellow spot virus; May 29, 2009 to
September 15, 2009. Contact: Andrew Ertman.
    EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; June 20, 2009 to December 15, 2009. Contact: Andrew
Ertman.
    EPA authorized the use of abamectin on dry bulb onions to control
thrips; July 20, 2009 to September 15, 2009. Contact: Andrew Ertman.
    EPA authorized the use of chlorpyrifos on ginseng to control root-
damaging insect larvae such as cutworms, grubs, rootworms, and
wireworms; August 27, 2009 to November 15, 2009. Contact: Stacey Groce.
Crisis: On June 27, 2009, for the use of avermectin on dry bulb onion
to control thrips, which transmit iris yellow spot virus. This program
ended on July 12, 2009. Contact: Andrew Ertman.
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; July 8, 2009 to September 30, 2009. Contact:
Stacey Groce.

Wyoming

Department of Agriculture
Crisis: On May 1, 2009, for the use of fenpyroximate in beehives to
control varroa mites. This program ended on May 13, 2009. Contact:
Stacey Groce.
Specific exemption: EPA authorized the use of fenpyroximate in honeybee
hives to control varroa mites; May 14, 2009 to September 30, 2009.
Contact: Stacey Groce.

B. Federal Departments and Agencies

Agriculture Department

Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of methyl bromide on imported
avocados, bananas, opuntia, plantains, leafy vegetables not on Q Label
(including Brassica Leafy), cucurbit vegetables not on Q Label, root
and tuber vegetables not on the Q Label, dasheen, edible podded legume
vegetables, fresh herbs and spices, ivy gourd, kiwi fruit, longan,
lychee fruit, fresh and dried mint, pointed gourd, rambutan, cucurbit
seeds, edible (shelled/unshelled), blackberries, raspberries, and
plumcot/pluot to control various plant pests not currently established
in the United States; This program ended on March 3, 2010. Contact:
Libby Pemberton.
Specific exemption: EPA authorized the use of diphacinone in the
habitat of federally protected species, in Egmont Bay, Tampa Bay,
Florida to control invasive rodent predators which feed upon eggs and
hatchlings of endangered and threatened bird and turtle species; May
15, 2009 to May 15, 2012. Contact: Princess Campbell.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 31, 2010.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-22333 Filed 9-7-10; 8:45 am]
BILLING CODE 6560-50-S