[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71754-71764]
[FR Doc No: 2014-28464]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9920-02-OSWER]

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 FY2015

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) will begin to accept
requests, from December 8, 2014 through January 31, 2015, for grants to
supplement State and Tribal Response Programs. This notice provides
guidance on eligibility for funding, use of funding, grant mechanisms
and process for awarding funding, the allocation system for
distribution of funding, and terms and reporting under these grants.
EPA has consulted with state and tribal officials in developing this
guidance.
    The primary goal of this funding is to ensure that state and tribal
response programs include, or are taking reasonable steps to include,
certain elements and a public record. Another goal is to provide
funding for other activities that increase the number of response
actions conducted or overseen by a state or tribal response program.
This funding is not intended to supplant current state or tribal
funding for their response programs. Instead, it is to supplement their
funding to increase their response capacity.
    For fiscal year 2015, 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 December 8, 2014. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2015.

ADDRESSES: Mailing addresses for EPA Regional Offices and EPA
Headquarters can be located at www.epa.gov/brownfields and at the end
of this Notice.

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
of 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 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 2015 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
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.

    Requests for funding will be accepted from December 8, 2014 through
January 31, 2015. Requests EPA receives after January 31, 2015 will not
be considered for FY2015 funding. Information that must be submitted
with the funding request is listed in Section VIII 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 FY2015.
    Requests submitted by the January 31, 2015 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 brownfields sites across the country. The depth and
breadth of state and tribal response programs vary. Some focus on
CERCLA related activities, while others are multi-faceted, addressing
sites regulated by both CERCLA and the Resource Conservation and
Recovery Act (RCRA). Many state programs also offer accompanying
financial incentive programs to spur cleanup and redevelopment. In
enacting CERCLA section 128(a),\5\ Congress recognized the
accomplishments of state and tribal response programs in cleaning up
and redeveloping brownfields sites. Section 128(a) provides EPA with an
opportunity to strengthen its partnership with states and tribes, and
recognizes the response programs' critical role in overseeing cleanups
enrolled in their response programs.
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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 response program establishes and
maintains a public record of sites addressed.
    Subject to the availability of funds, EPA regional personnel will
be available to provide technical assistance to states and tribes as
they apply for and carry out section 128(a) cooperative agreements.

III. Eligibility for Funding

    To be eligible for funding under CERCLA section 128(a), a state or
tribe must:
    1. demonstrate that its response program includes, or is taking
reasonable steps to include, the four elements of a response program
described in Section V of this guidance; or be a party to a voluntary
response program Memorandum of Agreement (VRP MOA) \6\ with EPA;
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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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    AND
    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) under CERCLA section 104(k)(3).
There is a 20% cost share requirement for 128(a) funds used to
capitalize a RLF.

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

    Section 128(a) recipients that do not have a VRP MOA with EPA must
demonstrate that their response program includes, or is taking
reasonable steps to include, the four elements. Achievement of the four
elements should be viewed as a priority. Section 128(a) authorizes
funding for activities necessary to establish and enhance the four
elements, and to establish and maintain the public record requirement.
    The four elements of a response program are described below:
    1. Timely survey and inventory of brownfields sites in state or
tribal land. EPA's goal in funding activities under this element is to
enable the state or tribe to establish or enhance a system or process
that will provide a reasonable estimate of the number, likely
locations, and the general characteristics of brownfields sites in
their state or tribal lands.
    EPA recognizes the varied scope of state and tribal response
programs and will not require states and tribes to develop a ``list''
of brownfields sites. However, at a minimum, the state or tribe should
develop and/or maintain a system or process that can provide a
reasonable estimate of the number, likely location, and general
characteristics of brownfields sites within their state or tribal
lands. 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
those 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. EPA's goal in funding activities under this element is to
have state and tribal response programs that include oversight and
enforcement authorities or other mechanisms, and resources that are
adequate to ensure that:
    a. A response action will protect human health and the environment,
and be conducted in accordance with applicable laws; and
    b. the state or tribe will complete the necessary response
activities if the person conducting the response fails to complete the
necessary response (this

includes operation and maintenance and/or long-term monitoring
activities).
    3. Mechanisms and resources to provide meaningful opportunities for
public participation.\7\ EPA's goal in funding activities under this
element is to have states and tribes include in their response program
mechanisms and resources for meaningful public participation, at the
local level, including, at a minimum:
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    \7\ States and tribes establishing this element may find useful
information on public participation on EPA's community involvement
Web site at http://www.epa.gov/superfund/community/policies.htm.
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    a. Public access to documents and related materials that a state,
tribe, or party conducting the cleanup is relying on or developing 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 brownfields site -- located in the community in which
the person works or resides -- may request that a site assessment be
conducted. The appropriate state or tribal official must consider this
request and appropriately respond.
    4. Mechanisms for approval of a cleanup plan, and verification and
certification that cleanup is complete. EPA's goal in funding
activities under this element is to have states and tribes include in
their response program mechanisms to approve cleanup plans and to
verify that response actions are complete, including a requirement for
certification or similar documentation from the state, the tribe, or a
licensed site professional 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, in order to receive funds. The
public record should be made available to provide a mechanism for
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 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 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 that will be 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 brownfields
sites regardless of planned or completed actions at the site.

B. Making the Public Record Easily Accessible

    EPA's goal is to enable states and tribes to make the public record
and other information, such as information from the ``survey and
inventory'' element, easily accessible. For this reason, EPA will allow
states and tribes to use section 128(a) funding to make the public
record, as well as other information, such as information from the
``survey and inventory'' element, available to the public via the
internet or other means. For example, the Agency would support funding
state and tribal efforts to include detailed location information in
the public record such as the street address, and latitude and
longitude information for each site.\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 includes 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 and solicit input from local communities, especially
potential environmental justice communities, communities with a health
risk related to exposure to hazardous waste or other public health
concerns, economically disadvantaged or remote areas, and communities
with limited experience working with government agencies. EPA will not
provide section 128(a) funds solely for assessment or cleanup of
specific brownfields sites; site-specific activities must be 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 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 (can be in the form of a
contribution 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
contained in 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 a
state or tribal response program.
    The exact ``enhancement'' uses that may be allowable depend upon
the work plan negotiated between the EPA regional office and the state
or tribe. For example, regional offices and states or tribes may agree
that section 128(a) funds may be used for outreach and training
directly related to increasing awareness of its response program, and
improving the skills of program staff. It may also include developing
better coordination and understanding of other state response programs,
e.g., RCRA or Underground Storage Tanks (USTs). As another example,
states and tribal response programs enhancement activities can include
outreach to local communities (e.g., distressed, environmental justice,
rural, tribal, etc.) to increase their 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, state and tribal response
programs enhancement activities can include facilitating the
participation of the state and local agencies (e.g., transportation,
water, other infrastructure) in implementation of brownfields projects.
Another example of program enhancement activities can be for states and
tribes to assist local communities to collaborate with local workforce
development entities or Brownfields 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 US EPA's brownfields technical assistance opportunities for
brownfields communities. For more information on technical
assistance opportunities, please visit: http://www.epa.gov/brownfields/tools/index.htm.
    \11\ For more information about EPA's Brownfields Environmental
Workforce Development and Job Training Program, please visit: http://www.epa.gov/brownfields/job.htm.
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    Note: EPA anticipates states and tribes will work with their EPA
Brownfields Area-Wide Planning, 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: http://www.epa.gov/climatechange/impacts-adaptation/fed-programs.html.
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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 II, supplemental
assessments and cleanup planning) and cleanup activities that will lead
more quickly to the reuse and redevelopment of sites, particularly
sites 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 the targeted
community in the project. For example, a Community Relations Plan (CRP)
could be developed to provide reasonable notice to the public 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 brownfields 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 that the date of acquisition of the property was on or
before January 11, 2002.
    Subgrants cannot be provided to entities that may be potentially
responsible parties (pursuant to CERCLA section 107) at the site for
which the assessment or cleanup activities are proposed to be
conducted, except:
    1. At brownfields sites contaminated by a controlled substance as
defined in CERCLA section 101(39)(D)(ii)(I); or
    2. when the recipient would satisfy all of the elements set forth
in CERCLA section 101(40) to qualify as a bona fide prospective
purchaser except that the date of acquisition of the property was on or
before January 11, 2002.
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 generally exceed 50% of the total amount of funding.\13\ In order
for EPA to consider a waiver, 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 four elements of a response program) and how related
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;
     as 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 approve waivers based on the
information in the justification and other information available to the
Agency. The EPA will inform recipients whether the waiver is approved.
3. Uses Related to Site-Specific Activities at Petroleum Brownfields
Sites
    States and tribes may use section 128(a) funds for activities that
establish and enhance 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
brownfields sites, defined at 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 brownfields 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 ACRES database

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

    Costs incurred for activities at non-brownfields sites, e.g.,
oversight, may be eligible and allowable if such activities are
included in the state's or tribe's work plan. 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. Direct assessment and cleanup
activities may only be conducted on eligible brownfields 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 \15\ as well as applicable provisions of 40 CFR part 35
Subparts A and B. Under these regulations, the cooperative agreement
recipient for section 128(a) grant program is the government to which a
cooperative agreement is awarded and which is accountable for the use
of the funds provided. The cooperative agreement recipient is the
entire legal entity even if only a particular component of the entity
is designated in the cooperative agreement award document. Further,
unexpended balances of cooperative agreement funds are subject to 40
CFR 35.118 and 40 CFR 35.518 to the extent consistent with this
guidance. EPA allocates funds to state and tribal response programs
under 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.
    \15\ EPA's regulations will take effect December 26, 2014 (2 CFR
200.110).
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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 2015, 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 FY15 states and
tribal individual funding amounts will be less than the FY14 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 for negotiations on their proposed work plan.
When EPA funds the section 128(a) cooperative agreement, states and
tribes may distribute these funds among the appropriate state and
tribal agencies that are part of the section 128(a) response program.
This distribution must be clearly outlined in their annual work plan.

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 may,
however, submit one initial request for funding, delineating the RLF as
a proposed use. Section 128(a) funds used to capitalize an RLF are not
eligible for inclusion into a Performance Partnership Grant (PPG).

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 69 FR 51,756 (2004). Section 128(a) funds used to
capitalize an RLF or purchase insurance or develop a risk sharing pool,
an indemnity pool, or insurance mechanism to provide financing for
response actions under a state or tribal response program are not
eligible for inclusion in the PPG.

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, in future years, 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.\16\
Specifically for:
---------------------------------------------------------------------------

    \16\ 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
FY14: Requests for FY15 funds will not be accepted from states or
tribes that fail to demonstrate, by the January 31, 2015 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 FY14 cooperative agreement that
prohibited drawdown of FY14 funds prior to meeting public record
requirement). States or tribes in this situation will not be prevented
from drawing down their prior year funds once the public record
requirement is met; and
     states or tribes that received initial funding in FY14: By
the time of the actual FY15 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 FY15 cooperative agreement that prohibits the
drawdown of FY15 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 FY14 will be considered
in the allocation process. Existing balances of cooperative agreement
funds as reflected in EPA's Financial Data Warehouse could support 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 January 31, 2015, request deadline, EPA's Regional
Offices will submit summaries of state and tribal requests to EPA
Headquarters. Before submitting requests to EPA Headquarters, regional
offices may take into account additional factors when determining
recommended allocation amounts. Such factors include, but are not
limited to, the depth and breadth of the state or tribal program; scope
of the perceived need for the funding, e.g., size of state or tribal
jurisdiction or the proposed work plan balanced against capacity of the
program, amount of

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] TN03DE14.027

IX. Information To Be Submitted With the Funding Request

A. Summary of Planned Use of FY15 Funding

    All states and tribes requesting FY15 funds must submit (to their
regional brownfields contact) a summary of the planned use of the funds
with associated dollar amounts. Please provide the request in the chart
below. The amount of funding requested should be an amount that can be
reasonably spent in one year. It is likely that the FY15 state and
tribal individual funding amounts will be less than the FY14 individual
funding amounts. 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. Demonstration of Significant Utilization of Prior Years' Funding

    States and tribes that received section 128(a) funds prior to FY14
must provide the amount of the prior years' funding including funds
that recipients 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 under 40 CFR 35.420 and
40 CFR 35.737. The recipient should include a detailed explanation and
justification of prior year funds that remain in EPA's Financial Data
Warehouse as unspent balances. The recipient should obtain concurrence
from the Region on the amount of unspent funds requiring explanation by
the January 31, 2015 deadlines for submitting funding requests.

C. Optional: Explanation of Overall Program Impacts of any Funding
Reductions

    Please explain the programmatic effects of a reduction (to your
current funding amount) on significant activities of your response
program. Specifically, at what amount (e.g., percentage of your current
funding level) would your response program experience core programmatic
impacts such as a reduction in staff, a decrease in oversight
activities, or other impacts to the environment and health of the
communities the program serves, etc.? An EPA Region may require that
this information be submitted as part of the request for funding in
order to fully understand the individual program impacts associated
with decreased funding. These impacts will be considered as part of the
decision for the final allocation.

----------------------------------------------------------------------------------------------------------------
                                                                  FY15         Summary of intended use (EXAMPLE
                Funding use                   FY14  Awarded     Requested                   USES)
----------------------------------------------------------------------------------------------------------------
Establish or enhance the four elements:....         $XX,XXX         $XX,XXX
    1. Timely survey and inventory of        ..............  ..............  1. Examples:
     brownfields sites;                                                       inventory and prioritize
                                                                              brownfields sites.
                                                                                institutional control
                                                                                (IC)/engineering control (EC)
                                                                                tracking.
    2. Oversight and enforcement             ..............  ..............  2. Examples:
     authorities or other mechanisms;                                         develop/enhance
                                                                              ordinances, regulations,
                                                                              procedures for response programs.
    3. Mechanisms and resources to provide   ..............  ..............  3. Examples:
     meaningful opportunities for public                                      develop a community
     participation;                                                           involvement process.
                                                                                community outreach.
                                                                                issue public notices of
                                                                                site activities.

                                                                                develop a process to
                                                                                seek public input from local
                                                                                communities, especially
                                                                                potential environmental justice
                                                                                communities, communities with a
                                                                                health risk related to exposure
                                                                                to hazardous waste or other
                                                                                public health concerns,
                                                                                economically disadvantaged or
                                                                                remote areas, and communities
                                                                                with limited experience working
                                                                                with government agencies to
                                                                                prioritize sites to be
                                                                                addressed.
    4. Mechanisms or approval of a cleanup   ..............  ..............  4. Examples:
     plan and verification and                                                develop/update cleanup
     certification that cleanup is                                            standards.
     complete.                                                                review cleanup plans and
                                                                              verify completed actions.
Establish and maintain the public record...          XX,XXX          XX,XXX   maintain public record.
                                                                              create web site for public
                                                                              record.
                                                                              disseminate public
                                                                              information on how to access the
                                                                              public record.
Enhance the response program...............          XX,XXX          XX,XXX   provide oversight of site
                                                                              assessments and cleanups.
                                                                              attend training and
                                                                              conferences on brownfields cleanup
                                                                              technologies & other brownfields
                                                                              topics.
                                                                              update and enhance program
                                                                              management activities.
                                                                              negotiate/oversee
                                                                              contracts for response programs.
                                                                              enhance program management
                                                                              & tracking systems.
Site-specific activities (amount requested           XX,XXX          XX,XXX   perform site assessments
 should be incidental to the workplan, see                                    and cleanups.
 Section VI.D for more information on what                                    develop QAPPs.
 activities should be considered when                                         establish eligibility of
 calculating site specific activities).                                       target sites.
                                                                              prepare Property Profile
                                                                              Forms/input data into ACRES
                                                                              database for these sites.
Environmental insurance....................          XX,XXX          XX,XXX   review potential uses of
                                                                              environmental insurance.
                                                                              manage an insurance risk
                                                                              pool.
Revolving loan fund........................          XX,XXX          XX,XXX   create a cleanup revolving
                                                                              loan fund.
                                            --------------------------------
    Total funding..........................         XXX,XXX         XXX,XXX  Performance Partnership Grant? Yes
                                                                              [ballot] No [ballot]
----------------------------------------------------------------------------------------------------------------

X. Terms and Reporting

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

A. Progress Reports

    In accordance with 2 CFR 200.328 and any EPA specific regulations,
state and tribes must provide progress reports as provided in the terms
and conditions of the cooperative agreement negotiated with EPA
regional offices. State and tribal costs for complying with reporting
requirements are an eligible expense under the section 128(a)
cooperative agreement. As a minimum, state or tribal progress reports
must include both a narrative discussion and performance data relating
to the state's or tribe's accomplishments and environmental outputs
associated with the approved budget and workplan. 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, an EPA regional office may request that a progress report
include:
    1. Reporting interim and final progress reports. Reports must
prominently display the following three relevant Essential Elements 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 Assessment Cleanup and
Redevelopment Exchange System (ACRES) database for each site assessment
and cleanup. In addition, recipients must report how they provide the
affected community with prior notice and opportunity for meaningful
participation as per CERCLA section 128(a)(2)(C)(ii), on proposed
cleanup plans and site activities. For example, EPA strongly encourages
states and tribes to seek public input regarding the priority of sites
to be addressed and 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 revolving loan fund (RLF) must
include the information required by the terms and conditions for
progress reporting under CERCLA section 104(k)(3) RLF cooperative
agreements.
    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., type of coverage provided; dollar limits of coverage; any
buffers or deductibles; category and identity of insured persons;
premium; first dollar or umbrella; site specific or blanket; occurrence
or claims made, etc.);
     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 January 31, 2015, a summary of
the previous federal fiscal year's work (October 1, 2013 through
September 30, 2014). The following information must be submitted to
your regional project officer:
     Environmental programs where CERCLA 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 FY14;
     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;
    And below are three new questions that are optional for the FY14
reporting period but will be required starting in FY15.
     Estimated total number of properties (or sites) in your
brownfields inventory;
     Please provide a brief narrative explaining how you ensure
that cleanup remedies (including engineering controls and institutional
controls) are still protective in the future; 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 FY14? 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. For example:
    1. Timely survey and inventory--estimated number of brownfields
sites in the state or on tribal land;
    2. oversight and enforcement authorities/mechanisms--number of
active cleanups and percentage that received oversight; percentage of
active cleanups not in compliance with the cleanup workplan and that
received communications from recipient regarding non-compliance;
    3. public participation--percentage of sites in the response
program where public meetings/notices were conducted regarding the
cleanup plan and/or other site activities; number of site assessments
requests, and responses to such requests; and
    4. cleanup approval/certification mechanisms--total number of ``no
further action'' letters or total number of certificates of
completions.

[NOTE: This reporting requirement may include activities not funded
with CERCLA Section 128(a) funding, because such information may be
helpful to EPA when evaluating whether recipients have met or are
taking reasonable steps to meet the four elements of a response
program pursuant to CERCLA Section 128(a)(2).]

C. Reporting of Public Record

    All recipients must report, as specified in the terms and
conditions of their cooperative agreement, 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 may 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 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 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 it has an active Federal award or an application
or proposal under consideration by an agency, and
    3. Provide its DUNS number in each application or proposal it
submits to the agency. Applicants can receive a DUNS number, at no
cost, by calling the dedicated toll-free DUNS Number request line at 1-
866-705-5711, or visiting the D&B Web site at: http://www.dnb.com.
    If an applicant fails to comply with these requirements, it will,
should it be selected for award, affect their ability to receive the
award.
    Please note that the CCR 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. 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)
                               814-3015.
4_AL, FL, GA, KY, MS, NC,     Nicole Comick-Bates,  Cindy J. Nolan, 61
 SC, TN.                       61 Forsyth Street,    Forsyth Street,
                               S.W, 10TH FL          S.W, 10TH FL
                               (9T25), Atlanta, GA   (9T25), Atlanta, GA
                               30303-8909, Phone     30303-8909, 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
                               (SE-7J), Chicago,     Jackson Boulevard
                               IL 60604-3507,        (SE-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.,
                               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 Fax   ((907) 271-3414 Fax
                               (<PHONE_NUMBER>.<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: November 25, 2014.
Gail Ann Cooper,
Deputy Director, Office of Brownfields and Land Revitalization, Office
of Solid Waste and Emergency Response.
[FR Doc. 2014-28464 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P