                                        UNITED STATES OF AMERICA

                               DEPARTMENT OF TRANSPORTATION

                                        OFFICE OF THE SECRETARY

                                                 WASHINGTON, DC

Issued by the Department of Transportation on August 31, 2005

		       NOTICE OF ACTION TAKEN -- DOCKET OST-2005-22025

________________________________________________________________________
_________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of Delta Air Lines, Inc. (Delta) filed 8/1/05 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Atlanta, Georgia, and Puerto Vallarta, Mexico, and to integrate
this authority with Delta’s existing certificate and exemption
authority.  Delta proposes daily, year-round service in the market,
beginning December 1, 2005.

Applicant rep:  Robert E. Cohn<PHONE_NUMBER>   DOT Analyst:  Linda
Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: August 31, 2005, through
August 31, 2007.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX Holder’s certificates of public convenience and necessity

   	XX Standard exemption conditions (attached)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  Consistent with our policy, the dormancy notice
period will begin on December 1, 2005, Delta’s proposed start-up date
for the above-mentioned service.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in the award of the route
integration authority granted should be construed as conferring upon
Delta rights (including fifth-freedom intermediate and/or beyond rights)
to serve markets where U.S. carrier entry is limited unless Delta
notifies the Department of its intent to serve such a market and unless
and until the Department has completed any necessary carrier selection
procedures to determine which carrier(s) should be authorized to
exercise such rights; and (b) should there be a request by any carrier
to use the limited-entry route rights that are included in Delta’s
authority by virtue of the route integration exemption granted here, but
that are not then being used by Delta, the holding of such authority by
route integration will not be considered as providing any preference for
Delta in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

________________________________________________________________________
_____________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicants qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Dockets.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

			APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 PAGE

 PAGE   2


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3833-3834]
[FR Doc No: 2012-1378]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66186; File No. SR-DTC-2011-09]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change To Modify a Practice in Order To
Mitigate Systemic Risk, Specifically Liquidity Related, Associated With
DTC End of Day Net Funds Settlement

January 19, 2012.

I. Introduction

    On November 21, 2011, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-DTC-2011-09 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 \2\
thereunder. The proposed rule change was published for comment in the
Federal Register on December 8, 2011.\3\ The Commission received no
comment letters regarding the proposal. For the reasons discussed
below, the Commission is granting approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-65871 (December 2,
2011), 76 FR 76790 (December 8, 2011). In its filing with the
Commission, DTC included statements concerning the purpose of and
basis for the proposed rule change. The text of these statements is
incorporated into the discussion of the proposed rule change in
Section II below.
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II. Description

    Pursuant to the rule change, DTC will temporarily reduce each
Participant's maximum net debit cap for night cycle processing of
valued transactions over weekends and holidays and to restore such
debit cap at the start of day cycle processing for the next settlement
date (i.e., the first business day following the weekend or holiday).
Under the proposed change, DTC would temporarily reduce each
Participant's maximum net debit cap for night cycle processing \4\ of
valued transactions over weekends and holidays and would restore such
debit cap at the start of day cycle processing for the next settlement
date (i.e., the first business day following the weekend or holiday).
In doing so, DTC believes it would reduce the systemic risk associated
with a liquidity shortfall and would enhance the safety and soundness
of the U.S. settlement system.
---------------------------------------------------------------------------

    \4\ DTC processes settlement in two cycles each business day:
(i) A night cycle that begins at approximately 9 p.m. and finishes
at approximately 11:30 p.m. and (ii) a day cycle that begins at
approximately 3 a.m. and completes at approximately 3:30 p.m. For
Monday settlement, the night cycle begins on the preceding Friday
evening at 9 p.m. and ends at 11:30 p.m. Friday night; the day cycle
does not begin until 3 a.m. on Monday.
---------------------------------------------------------------------------

Background on DTC Settlement and the Net Debit Cap Control

    DTC's Settlement System is structured so that Participants may make
intraday book-entry deliveries versus payment of securities held in
their DTC accounts. These transfers generate debits to the settlement
account of each receiving Participant and credits to the settlement
account of each delivering Participant. As debits and credits of
multiple transactions net over the course of the business day, a
Participant will have either a net debit balance or net credit balance
from time to time and at settlement will be in either a net debit or
net credit balance position. Participants having a net debit balance
for settlement owe payments of the amount of the net debit to DTC. In
order that DTC has the resources to achieve end-of-day settlement among
non-defaulting Participants, DTC maintains liquidity resources
sufficient to complete settlement, notwithstanding the failure of its
largest Participant to pay, by covering the net debit balance of a
defaulting Participant. One of the key risk management controls in this
process is the net debit cap, which limits the net debit balance of a
Participant, intraday and at settlement, to DTC's available liquidity
resources. (The net debit balance must also be fully collateralized by
sufficient collateral measured by the collateral monitor risk control.)
DTC assigns a net debit cap to each Participant based on the
Participant's activity and currently limits the maximum net debit cap
for a Participant to $1.8 billion and for a family of related
Participants to $3 billion aggregate.\5\ This settlement structure is
designed to support the efficient recycling of intraday liquidity to
facilitate the settlement of transactions while limiting systemic risk
due to Participant failure.
---------------------------------------------------------------------------

    \5\ These net debit caps are supported by $3.2 billion of
liquidity resources at DTC in the form of a $1.3 billion all-cash
Participants Fund and a $1.9 billion committed line of credit
available for settlement in the event that a Participant fails to
pay its net debit balance at settlement.
---------------------------------------------------------------------------

    With Friday night cycle processing over weekends and holidays,
however, Participants may accrue net debit balances for end-of-day
settlement on the next business day, which is two to three calendar
days away. DTC has recognized that during such extended processing,
external credit events may occur, including, in particular, the
possibility of a weekend insolvency.

Change in Night Cycle Processing

    To address the liquidity risk \6\ over the extended periods of
weekends and holidays, DTC is proposing to reduce the maximum net debit
cap temporarily over the extended period for any Participant or any
family of related Participants to $1.5 billion at the opening of night
cycle processing on any DTC business day for which the succeeding
calendar day is not a business day. DTC would then restore the net
debit cap for any affected Participant or family of related
Participants to its full net debit cap at the open of day cycle
processing for the next business day in the ordinary course of
business.\7\
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    \6\ ``Liquidity risk'' refers to the financial risk associated
with access to liquidity to cover the failure of a Participant to
fund its net settlement obligation to DTC.
    \7\ Today, DTC may reduce a Participant's net debit cap (see,
e.g., DTC Rule 1, definition of Net Debit Cap which permits DTC to
set the Net Debit Cap of a Participant at ``any other amount
determined by [DTC], in its sole discretion.''). Accordingly, after
a temporary weekend or holiday reduction as proposed herein, DTC may
elect not to restore the net debit cap of any affected Participant.
By way of example only, and in line with the purpose of this
proposed change in practice, DTC would not expect to restore the net
debit cap of a Participant that had become insolvent in the
intervening non-business days or as to which DTC is concerned with
its credit status. (DTC would take the same approach to holidays,
that is, whenever two business days are not successive.)
---------------------------------------------------------------------------

Risk Reduction and Anticipated Minimal Settlement System and
Participant Impact

    The purpose of this proposed change in processing practice is to
minimize systemic risk to U.S. markets and to DTC Participants as well
as to minimize direct liquidity risk to DTC by the management of net
debit balances over extended processing periods such as weekends and
holidays.
    The highest net debit caps at DTC are established primarily to
support the settlement of Money Market Instrument (``MMI'')
transactions. MMI transactions are high value, same day settling
transactions that are processed principally in the afternoon on any
settlement day. Because these transactions are processed during the

day cycle only, they should not be affected by the proposed
modification to processing in the night-cycle for weekends and
holidays.
    In order to determine the potential effects of lowering the net
debit caps for certain night cycle processing as proposed in this rule
filing, DTC conducted a simulation study in which the maximum net debit
cap for a Participant and for a Participant family was set at $1.5
billion. The study found that net debit cap related blockage increased
by only 1.13% on average, which represents a gross value of
approximately $913 million out of approximately $70 billion processed
in each night cycle for settlement on the next business day. For
Participants that might encounter transaction blockage, this blockage
could be further minimized by the Participant by instructing deliveries
versus payment that would generate credits to offset debits. Under the
proposed revised practice, at the time net debit caps are restored for
same-day settlement, any transactions that are pending due to the lower
net debit cap would be reprocessed and would be completed at the start
of the day cycle, assuming no other changes.\8\ DTC recognizes that
this change in practice may affect transaction management for certain
Participants and has taken the initiative to discuss the proposal with
all of those Participants and has received no objections. Certain
Participants indicated that they would consider changes that could
lessen the impact by implementing their own night cycle process
improvements.
---------------------------------------------------------------------------

    \8\ The Participants with increased blockage in the simulation
often have large net debits in the night cycle because they do not
send in Night Deliver Orders (``NDOs'') or they exempt or withhold
from night cycle processing many or all of their Institutional
Deliveries that would otherwise create credits.
---------------------------------------------------------------------------

    Accordingly, DTC believes that the proposed rule change would
mitigate systemic risk due to the potential shortfall in liquidity
associated with the net settlement failure of a Participant with only
minimal impact on Participants and processing.

III. Discussion

    Section 19(b)(2)(B) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\9\ In particular, Section 17A(b)(3)(A) \10\ of the Act
requires, among other things, that the clearing agency be so organized
and have the capacity to safeguard the securities and funds which are
in the custody or control of such clearing agency or for which it is
responsible.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2)(B).
    \10\ 15 U.S.C. 78q-1(b)(3)(A).
---------------------------------------------------------------------------

    Because the proposed change would allow DTC to enhance the risk
management controls by temporarily reducing each Participant's and
family of Participant's maximum net debit cap for night cycle
processing of valued transactions over weekends and holidays and to
restore such debit cap at the start of day cycle processing for the
next settlement date, the Commission believes that the proposed rule
change is consistent with DTC's safeguarding obligations under the Act.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act and the
rules and regulations thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) \11\ of the
Act, that the proposed rule change (File No. SR-DTC-2011-09) be, and
hereby is, approved.\12\
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    \11\ 15 U.S.C. 78s(b)(2).
    \12\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary .
[FR Doc. 2012-1378 Filed 1-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Page 10476]
[FR Doc No: 2018-04884]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9038-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements filed 02/26/2018
Through 03/02/2018 pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20180031, Draft, BLM, UT, Greater Chapita Wells Natural Gas
Infill Project, comment period ends: 04/23/2018, Contact: Stephanie
Howard<PHONE_NUMBER>.
EIS No. 20180032, Final, FTA, IN, West Lake Corridor Project Final
Environmental Impact Statement/Record of Decision and Section 4(f)
Evaluation. Under 23 U.S.C. 139(n)(2), FTA has issued a single document
that consists of a final environmental impact statement and record of
decision. Therefore, the 30-day wait/review period under NEPA does not
apply to this action. Contact: Mark Assam<PHONE_NUMBER>.
EIS No. 20180033, Final, USFS, OR, Hwy 46, review period ends: 04/23/
2018, Contact: Lynise Medley<PHONE_NUMBER>.
EIS No. 20180034, Draft, USFS, ID, Hungry Ridge Restoration Project,
comment period ends: 04/23/2018, Contact: Jennie Fischer<PHONE_NUMBER>.
EIS No. 20180035, Final, DC, AK, Mertarvik Infrastructure Development
Final EIS, review period ends: 04/09/2018, Contact: Don Antrobus 907-
271-3500.

Amended Notices

EIS No. 20180028, Final, Caltrans, CA, ~VOIDED~ State Route 269 Bridge
Project, review period ends: 09/03/2018, Contact: Jeff Sorensen 559-
445-5329. This final environmental assessment was inadvertently filed
and published in 03/02/2018 FR.

    Dated: March 7, 2018.
Kelly Knight,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2018-04884 Filed 3-8-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]
[Page 59163-59172]
[DOCID:fr17no09-53]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2009-0827; FRL-8980-6]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA will begin to accept requests, from December 1, 2009
through January 31, 2010, 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 2010, EPA will consider funding requests up to a
maximum of $1.5 million per state or tribe. Subject to the availability
of funds, EPA regional personnel will be available to provide technical
assistance to states and tribes as they apply for and carry out these
grants.

DATES: This action is effective as of December 1, 2009. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2010.

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

FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste
and Emergency Response, Office of Brownfields and Land Revitalization;
(202) 566-2777.

SUPPLEMENTARY INFORMATION:
    Section 128(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, authorizes a
noncompetitive $50 million grant program to establish and enhance state
\1\ and tribal \2\ response programs. Generally, these response
programs address the assessment, cleanup, and redevelopment of
brownfields sites and other sites with actual or perceived
contamination. Section 128(a) cooperative agreements are awarded and
administered by EPA's regional offices. This document provides guidance
that will enable states and tribes to apply for and use Fiscal Year
2010 section 128(a) funds.\3\
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    \1\ The term ``state'' is defined in this document as defined in
CERCLA section 101(27).
    \2\ The term ``Indian tribe'' is defined in this document as it
is defined in CERCLA section 101(36). Intertribal consortia, as
defined in the Federal Register Notice at 67 FR 67181, Nov. 4, 2002,
are also eligible for funding under CERCLA section 128(a).
    \3\ The Agency may waive any provision of this guidance that is
not required by statute, regulation, Executive Order or overriding
Agency policies.
---------------------------------------------------------------------------

    Requests for funding will be accepted from December 1, 2009 through
January 31, 2010. Requests received after January 31, 2010 will not be
considered for FY 2010 funding. Information required to be submitted
with the funding request is on pages 27-32. States or tribes that do
not submit the request in the appropriate manner may forfeit their
ability to request funds. First time requestors are strongly encouraged
to contact their Regional Brownfields Coordinator (see page 34) prior
to submitting their funding request.
    Requests submitted by the January 31, 2010 request deadline are
preliminary; final cooperative agreement work plans and budgets will be
negotiated with the regional offices once final allocation
determinations are made. As in prior years, EPA will place special
emphasis on reviewing a cooperative agreement recipient's use of prior
section 128(a) funding in making allocation decisions.
    States and tribes requesting funds are required to provide a Dun
and Bradstreet Data Universal Numbering System (DUNS) number with their
final cooperative agreement package. For more information, please go to
www.grants.gov.
    The Catalogue of Federal Domestic Assistance entry for the section
128(a) State and Tribal Response Program cooperative agreements is
66.817. This grant program is eligible to be included in state and
tribal Performance Partnership Grants, with the exception of funds used
to capitalize a revolving loan fund for brownfield remediation under
section 104(k)(3); or purchase insurance or develop a risk sharing
pool, an indemnity pool, or insurance mechanism to provide financing
for response actions under a State or Tribal response program.

I. Background

    State and tribal response programs oversee assessment and cleanup
activities at the majority of brownfields sites across the country. The
depth and breadth of state and tribal response programs vary. Some
focus on CERCLA related activities, while others are multi-faceted, for
example, addressing sites regulated by both CERCLA and the Resource
Conservation and Recovery Act (RCRA). Many state programs also offer
accompanying financial incentive programs to spur cleanup and
redevelopment. In passing section 128(a) \4\, Congress recognized the
accomplishments of state and tribal response programs in cleaning up
and redeveloping brownfields sites. Section 128(a) also provides EPA
with an opportunity to strengthen its partnership with states and
tribes.
---------------------------------------------------------------------------

    \4\ Section 128(a) was added to CERCLA in 2002 by the Small
Business Liability Relief and Brownfields Revitalization Act
(Brownfield Amendments).
---------------------------------------------------------------------------

    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.'' The secondary goal is to
provide funding for other activities that increase the number of
response actions conducted or overseen by a state or tribal response
program. This funding is not intended to supplant current state or
tribal funding for their response programs. Instead, it is to
supplement their funding to increase their response program's capacity.
    Subject to the availability of funds, EPA regional personnel will
be available to provide technical assistance to states and tribes as
they apply for and carry out section 128(a) cooperative agreements.

II. Eligibility For Funding

To be eligible for funding under CERCLA section 128(a), a state or
tribe must:

--demonstrate that its response program includes, or is taking
reasonable steps to include, the four elements of a response program,
described below; or be a party to voluntary response program Memorandum
of Agreement (VRP MOA) \5\ with EPA;
---------------------------------------------------------------------------

    \5\ The legislative history of the Brownfields Amendments
indicates that Congress intended to encourage states and tribes to
enter into MOAs for their voluntary response programs. States or
tribes that are parties to VRP MOAs and that maintain and make
available a public record are automatically eligible for Section
128(a) funding.
---------------------------------------------------------------------------

and
--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).

III. Matching Funds/Cost-Share

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

IV. The Four Elements--Section 128(A)

    Section 128(a) recipients that do not have a VRP MOA with EPA must
demonstrate that their response program includes, or is taking
reasonable steps to include, the four elements. Achievement of the four
elements should be viewed as a priority. Section 128(a) authorizes
funding for activities necessary to establish and enhance the four
elements and to establish and maintain the public record requirement.
    Generally, the four elements are:
    (1) Timely survey and inventory of brownfields sites in state or
tribal land. EPA's goal in funding activities under this element is to
enable the state or tribe to establish or enhance a system or process
that will provide a reasonable

estimate of the number, likely locations, and the general
characteristics of brownfields sites in their state or tribal lands.
    EPA recognizes the varied scope of state and tribal response
programs and will not require states and tribes to develop a ``list''
of brownfields sites. However, at a minimum, the state or tribe should
develop and/or maintain a system or process that can provide a
reasonable estimate of the number, likely location, and general
characteristics of brownfields sites within their state or tribal
lands.
    Given funding limitations, EPA will negotiate work plans with
states and tribes to achieve this goal efficiently and effectively, and
within a realistic time frame. For example, many of EPA's Brownfields
Assessment cooperative agreement recipients conduct inventories of
brownfields sites in their communities or jurisdictions. EPA encourages
states and tribes to work with these cooperative agreement recipients
to obtain the information that they have gathered and include it in
their survey and inventory.
    (2) Oversight and enforcement authorities or other mechanisms and
resources. EPA's goal in funding activities under this element is to
have state and tribal response programs that include oversight and
enforcement authorities or other mechanisms, and resources that are
adequate to ensure that:

--a response action will protect human health and the environment and
be conducted in accordance with applicable federal and state law; and
--the necessary response activities are completed if the person
conducting the response activities fails to complete the necessary
response activities (this includes operation and maintenance or long-
term monitoring activities).
    (3) Mechanisms and resources to provide meaningful opportunities
for public participation\6\. EPA's goal in funding activities under
this element is to have states and tribes include in their response
program mechanisms and resources for meaningful public participation,
at the local level, including, at a minimum:
---------------------------------------------------------------------------

    \6\ States and tribes establishing this element may find useful
information on public participation on EPA's community involvement
Web site at http://www.epa.gov/superfund/community/policies.htm.

--Public access to documents and related materials that a state, tribe,
or party conducting the cleanup is relying on or developing in making
cleanup decisions or conducting site activities;
--Prior notice and opportunity for public comment on cleanup plans and
site activity; and
--A mechanism by which a person who is, or may be, affected by a
release or threatened release of a hazardous substance, pollutant, or
contaminant at a brownfields site--located in the community in which
the person works or resides--may request that a site assessment be
conducted. The appropriate state or tribal official must consider this
request and appropriately respond.

    (4) Mechanisms for approval of a cleanup plan and verification and
certification that cleanup is complete. EPA's goal in funding
activities under this element is to have states and tribes include in
their response program mechanisms to approve cleanup plans and to
verify that response actions are complete, including a requirement for
certification or similar documentation from the state, the tribe, or a
licensed site professional to the person conducting the response action
that the 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.

V. Public Record Requirement

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

    Section 128(a) funds may be used to maintain and make available a
public record system that meets the requirements discussed above.
    A. Distinguishing the ``survey and inventory'' element from the
``public record.'' It is important to note that the public record
requirement differs from the ``timely survey and inventory'' element
described in the ``Four Elements'' section above. The public record
addresses sites at which response actions have been completed in the
previous year and are planned to be addressed in the upcoming year. In
contrast, the ``timely survey and inventory'' element, described above,
refers to a general approach to identifying brownfields sites.
    B. Making the public record easily accessible. EPA's goal is to
enable states and tribes to make the public record and other
information, such as information from the ``survey and inventory''
element, easily accessible. For this reason, EPA will allow states and
tribes to use section 128(a) funding to make the public record, as well
as other information, such as information from the ``survey and
inventory'' element, available to the public via the internet or other
means. For example, the Agency would support funding state and tribal
efforts to include detailed location information in the public record
such as the street address and latitude and longitude information for
each site.\7\
---------------------------------------------------------------------------

    \7\ For further information on latitude and longitude
information, please see EPA's data standards Web site available at
http://iaspub.epa.gov/sor_internet/registry/datastds/
findadatastandard/epaapproved/latitudelongitude
---------------------------------------------------------------------------

    In an effort to reduce cooperative agreement reporting requirements
and increase public access to the public record, EPA encourages states
and tribes to place their public record on the internet. If a state or
tribe places the public record on the internet, maintains the
substantive requirements of the public record, and provides EPA with
the link to that site, EPA will, for purposes of cooperative agreement
funding only, deem the public record reporting requirement met.
    C. Long-term maintenance of the public record. EPA encourages
states and tribes to maintain public record information, including data
on institutional controls, on a long term basis (more than one year)
for sites at which a response action has been completed. Subject to EPA
regional office approval, states or tribes may include development and
operation of systems that ensure long term maintenance of the public
record, including information on institutional controls, in their work
plans.\8\
---------------------------------------------------------------------------

    \8\ States and tribes may find useful information on
institutional controls on EPA's institutional controls Web site at
http://www.epa.gov/superfund/policy/ic/index.htm

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

VI. Use Of Funding

A. Overview

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

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

    Under CERCLA section 128(a), ``establish'' includes activities
necessary to build the foundation for the four elements of a state or
tribal response program and the public record requirement. For example,
a state or tribal response program may use section 128(a) funds to
develop regulations, ordinances, procedures, or guidance. For more
developed state or tribal response programs, ``establish'' may also
include activities that keep their program at a level that meets the
four elements and maintains a public record required as a condition of
funding under CERCLA section 128(b)(1)(C).

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

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

D. Uses Related to Site-Specific Activities

    States and tribes may use section 128(a) funds for activities that
improve state or tribal capacity to increase the number of sites at
which response actions are conducted under the state or tribal response
program.
    Eligible uses of funds include, but are not limited to, site-
specific activities such as:

--Conducting assessments or cleanups at brownfields sites (see next
section for additional information);
--oversight of response action;
--technical assistance to federal brownfields cooperative agreement
recipients;
--development and/or review of site-specific quality assurance project
plans (QAPPs);
--preparation and submission of Property Profile Forms; and
--auditing site cleanups to verify the completion of the cleanup.

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

    Site-specific assessment and cleanup activities should establish
and/or enhance the response program and be tied to the four elements.
In addition to the requirement per CERCLA section 128(a)(2)(C)(ii) to
obtain public comment on cleanup plans and site activities, EPA
strongly encourages states and tribes to seek public input regarding
the priority of sites to be addressed and solicit input from local
communities, especially potential environmental justice communities,
communities with a health risk related to exposure to hazardous waste
or other public health concerns, economically disadvantaged or remote
areas, and communities with limited experience working with government
agencies. EPA will not provide section 128(a) funds solely for
assessment or cleanup of specific brownfields sites; site-specific
activities must be an incidental part of an overall section 128(a) work
plan that includes funding for other activities that establish or
enhance the four elements. Site-specific assessments and cleanups must
comply with all applicable federal and state laws and are subject to
the following restrictions:

--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);
--Absent EPA approval, no more than $200,000 per site can be funded for
assessments with section 128(a) funds, and no more than $200,000 per
site can be funded for cleanups with section 128(a) funds; and
--Absent EPA approval, the state/tribe may not use funds awarded under
this agreement to assess and clean up sites owned or operated by the
recipient.

    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:

--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.

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

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

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

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

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

    Funding authorized under CERCLA section 128(a) is awarded through a
cooperative agreement \9\ with a state or tribe. The program is
administered under the general EPA grant and cooperative agreement
regulations for states, tribes, and local governments found in the Code
of Federal Regulations at 40 CFR part 31. Under these regulations, the
cooperative agreement recipient for section 128(a) grant program is the
government to which a cooperative agreement is awarded and which is
accountable for the use of the funds provided. The cooperative
agreement recipient is the entire legal entity even if only a
particular component of the entity is designated in the cooperative
agreement award document.
---------------------------------------------------------------------------

    \9\ A cooperative agreement is an assistance agreement to a
state or a tribe that includes substantial involvement of EPA
regional enforcement and program staff during performance of
activities described in the cooperative agreement work plan.
Examples of this involvement include technical assistance and
collaboration on program development and site-specific activities.
---------------------------------------------------------------------------

    A. One application per state or tribe. Subject to the availability
of funds, EPA regional offices will negotiate and enter into section
128(a) cooperative agreements with eligible and interested states or
tribes. EPA will accept only one application from each eligible state
or tribe.
    B. Define the State or Tribal Response Program. States and tribes
must define in their work plan the ``section 128(a) response
program(s)'' to which the funds will be applied, and may designate a
component of the state or tribe that will be EPA's primary point of
contact for negotiations on their proposed work plan. When EPA funds
the section 128(a) cooperative agreement, states and tribes may
distribute these funds among the appropriate state and tribal agencies
that are part of the section 128(a) response program. This distribution
must be clearly outlined in their annual work plan.
    C. Separate cooperative agreements for the capitalization of RLFs
using section 128(a) funds. If a portion of the 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).
    D. Authority to Manage a Revolving Loan Fund Program. If a state or
tribe chooses to use its secton 128(a) funds to capitalize a revolving
loan fund program, the state or tribe must have the authority to manage
the program, e.g., issue loans. If the agency/department listed as the
point of contact for the 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.
    E. Section 128(a) cooperative agreements are eligible for inclusion
in the Performance Partnership Grant. States and tribes may include
section 128(a) cooperative agreements in their PPG. 69 FR 51,756
(2004). Section 128(a) funds used to capitalize an RLF or purchase
insurance or develop a risk sharing pool, an indemnity pool, or
insurance mechanism to provide financing for response actions under a
state or tribal response program are not eligible for inclusion in the
PPG.
    F. Project Period. EPA regional offices will determine the project
period for each cooperative agreement. These may be for multiple years
depending on the regional office's cooperative agreement policies. Each
cooperative agreement must have an annual budget period tied to an
annual work plan.
    G. Demonstrating the Four Elements. As part of the annual work plan
negotiation process, states or tribes that do not have VRP MOAs must
demonstrate that their program includes, or is taking reasonable steps
to include, the four elements described above. EPA will not fund, in
future years, state or tribal response program annual work plans if EPA
determines that these requirements are not met or reasonable progress
is not being made. EPA may base this determination on the information
the state or tribe provides to support its work plan, or on EPA's
review of the state or tribal response program.
    H. Establishing and Maintaining the Public Record. Prior to funding
a state's or tribe's annual work plan, EPA regional offices will verify
and document that a public record, as

described above, exists and is being maintained \10\.
---------------------------------------------------------------------------

    \10\ For purposes of cooperative agreement funding, the state's
or tribe's public record applies to that state's or tribe's response
program(s) that utilized the Section 128(a) funding.
---------------------------------------------------------------------------

     States or tribes that received initial funding prior to
FY09: Requests for FY10 funds will not be accepted from states or
tribes that fail to demonstrate, by the January 31, 2010 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 FY09 cooperative agreement that
prohibited drawdown of FY09 funds prior to meeting public record
requirement.) States or tribes in this situation will not be prevented
from drawing down their prior year funds, once the public record
requirement is met, but will be restricted from applying for FY10
funding.
     States or Tribes that received initial funding in FY09: by
the time of the actual FY10 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 FY10 cooperative agreement that prevents the
drawdown of FY10 funds until the public record requirement is met).
     Recipients receiving funds for the first time in FY10:
these recipients have one year to meet this requirement and may utilize
the section 128(a) cooperative agreement funds to do so.

I. Demonstration of Significant Utilization of Prior Years' Funding

    During the allocation process, EPA headquarters places significant
emphasis on the utilization of prior years' funding. When submitting
your request for FY10 funds, the following information must be
submitted:
--For those states and tribes with Superfund VCP Core or Targeted
Brownfields Assessment cooperative agreements awarded under CERCLA
section 104(d), you must provide, by agreement number, the amount of
funds that have not been requested for reimbursement (i.e., those funds
that remain in EPA's Financial Data Warehouse) and must provide a
detailed explanation and justification for why such funds should not be
considered in the funding allocation process.
--For those states and tribes that received FY03, FY04, FY05, FY06,
FY07 and/or FY08 section 128(a) funds, you must provide the amount of
FY03, FY04, FY05, FY06, FY07 and/or FY08 funds that have not been
requested for reimbursement (i.e, those funds that remain in EPA's
Financial Data Warehouse). These funds will be considered in the
funding allocation process.

    Note:  EPA Regional staff will review EPA's Financial Database
Warehouse to confirm the amount of outstanding funds reported. It is
strongly recommended that you work with your regional counterpart to
determine the amount of funds ``outstanding.''

J. Demonstration of Need To Receive Funds Above the FY09 Funding
Distribution

    Due to the limited amount of funding available, recipients must
demonstrate a specific need when requesting an amount above the amount
allocated to the state or tribe in FY09.

K. Allocation System and Process for Distribution of Funds

    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.
    For Fiscal Year 2010, EPA will consider funding requests up to a
maximum of $1.5 million per state or tribe. This limit may be changed
in future years based on appropriation amounts and demand for funding.
    EPA will target funding of at least $3 million per year for tribal
response programs. If this funding is not used, it will be carried over
and added to at least $3 million in the next fiscal year. It is
expected that the funding demand from tribes will increase through the
life of this cooperative agreement program and this funding allocation
system should ensure that adequate funding for tribal response programs
is available in future years.
    After the January 31, 2010 request deadline, regional offices will
submit summaries of state and tribal requests to EPA headquarters.
Before submitting requests to EPA headquarters, regional offices may
take into account additional factors when determining recommended
allocation amounts. Such factors include, but are not limited to, the
depth and breadth of the state or tribal program; scope of the
perceived need for the funding, e.g., size of state or tribal
jurisdiction or the proposed work plan balanced against capacity of the
program, amount of prior funding, and funds remaining from prior years,
etc.
    After receipt of the regional recommendations, EPA headquarters
will consolidate requests and allocate funds accordingly.

VIII. Information To Be Submitted With the Funding Request

    States and tribes requesting section 128(a) FY10 funds must submit
the following information, as applicable, to their regional contact on
or before January 31, 2010 (regions may request additional information,
as needed):

--For those states and tribes with prior Superfund VCP Core or Targeted
Brownfields Assessment funding awarded under CERCLA section 104(d),
provide, by agreement number, the amount of funds that have not been
requested for reimbursement (i.e., those funds that remain in EPA's
Financial Data Warehouse). EPA will take into account these funds in
the allocation process.
--For those states and tribes that received FY08 or prior section
128(a) funds, you must provide the amount of FY03, FY04, FY05, FY06
and/or FY07 funds that have not been requested for reimbursement (i.e.,
those funds that remain in EPA's Financial Data Warehouse). EPA will
take into account these funds in the allocation process.

    All states and tribes requesting FY10 funds must submit a summary
of the planned use of the funds with associated dollar amounts. Please
provide the request in the following format:

----------------------------------------------------------------------------------------------------------------
                                                                                Summary of intended use
                  Funding use                    FY09 awarded   FY10 requested           (Example uses)
----------------------------------------------------------------------------------------------------------------
Establish or Enhance the four elements:                $XX,XXX         $XX,XXX
 1. Timely survey and inventory of brownfields  ..............  ..............   Inventory and
 sites;                                                                          prioritize brownfields sites.
2. Oversight and enforcement authorities or     ..............  ..............   Develop/enhance
 other mechanisms;                                                               ordinances, regulations,
                                                                                procedures for response
                                                                                programs.

3. Mechanisms and resources to provide          ..............  ..............   Develop a community
 meaningful opportunities for public                                             involvement process.
 participation; and                                                              Fund an outreach
                                                                                coordinator.
                                                                                Issue public notices of
                                                                                site activities.
4. Mechanisms or approval of a cleanup plan     ..............  ..............   Review cleanup plans
 and verification and certification that                                         and verify completed actions.
 cleanup is complete.
Establish and Maintain the Public Record......         $XX,XXX         $XX,XXX   Maintain public record.
                                                                                Create Web site for
                                                                                public record.
                                                                                Disseminate public
                                                                                information on how to access
                                                                                the public record.
Enhance the Response Program..................         $XX,XXX         $XX,XXX   Provide oversight of
                                                                                site assessments and cleanups.
                                                                                Attend training and
                                                                                conferences on brownfields
                                                                                cleanup technologies & other
                                                                                brownfields topics.
                                                                                Update and enhance
                                                                                program management activities.
                                                                                Negotiate/oversee
                                                                                contracts for response
                                                                                programs.
                                                                                Enhance program
                                                                                management & tracking systems.
                                                                                Prepare Property
                                                                                Profile Forms/input data into
                                                                                ACRES database.
Site-specific Activities (amount requested             $XX,XXX         $XX,XXX   Develop QAPPs.
 should be incidental to the workplan, e.g.,                                     Perform site
 less than half of the total funding                                             assessments and cleanups.
 requested).                                                                     Prepare Property
                                                                                Profile Forms/input data into
                                                                                ACRES database for these sites.
Environmental Insurance.......................         $XX,XXX         $XX,XXX   Review potential uses
                                                                                of environmental insurance.
Revolving Loan Fund...........................         $XX,XXX         $XX,XXX   Create a cleanup
                                                                                revolving loan fund.
----------------------------------------------------------------------------------------------------------------
Total Funding.................................        $XXX,XXX        $XXX,XXX  Performance Partnership Grant?
                                                                                Yes [square] No [square]
----------------------------------------------------------------------------------------------------------------

    For those states and tribes requesting amounts above their FY09
allocation, a separate explanation of the specific need(s) and the
increased amount that triggered the request for that need(s) must be
provided in the format below:
---------------------------------------------------------------------------

    \11\ A one time request is not likely to repeat whereas a
recurring charge is likely to periodically occur again.

----------------------------------------------------------------------------------------------------------------
  Explanation of request(s) for funding                     One time \11\ request      Explanation/anticipated
             above FY09 award                  Amount           or recurring?                  outcome
----------------------------------------------------------------------------------------------------------------
Establish or Enhance the four elements:           $XX,XXX  One Time [square]        Explanation of need:
1. Timely survey and inventory of                          Recurring [square]        Anticipated Outcome:
 brownfields sites; 2. Oversight and
 enforcement authorities or other
 mechanisms; 3. Mechanisms and resources
 to provide meaningful opportunities for
 public participation; and/or 4.
 Mechanisms or approval of a cleanup plan
 and verification and certification that
 cleanup is complete..
Establish and Maintain the Public Record.         $XX,XXX  One Time [square]        Explanation of need:
                                                           Recurring [square]
                                           ..............                           Anticipated Outcome:
Enhance the Response Program.............         $XX,XXX  One Time [square]        Explanation of need:
                                                           Recurring [square]
                                           ..............                           Anticipated Outcome:
Site-specific Activities (amount                  $XX,XXX  One Time [square]        Explanation of need:
 requested should be incidental to the                     Recurring [square]
 workplan, e.g., less than half of the
 total funding requested).
                                           ..............                           Anticipated Outcome:
Environmental Insurance..................         $XX,XXX  One Time [square]        Explanation of need:
                                                           Recurring [square]
                                           ..............                           Anticipated Outcome:
Revolving Loan Fund......................         $XX,XXX  One Time [square]        Explanation of need:
                                                           Recurring [square]
                                           ..............                           Anticipated Outcome:
----------------------------------------------------------------------------------------------------------------
    Total Increase Requested.............         $XX,XXX  .......................  ............................
----------------------------------------------------------------------------------------------------------------

Reporting of Program Activity Levels
    States and tribes must report, by January 31, 2010, a summary of
the previous federal fiscal year's work (October 1, 2008 through
September 30, 2009). The following information must be submitted to
your regional project officer (if no activity occurred in the
particular category, indicate ``N/A''):
     Number of properties enrolled in the response program
supported by the CERCLA section 128(a) funding.
     Number of properties that received a ``No Further Action''
(NFA)

documentation or a Certificate of Completion (COC) or equivalent, AND
have all required institutional controls in place.
     Number of properties that received an NFA or COC or
equivalent and do NOT have all required institutional controls in
place.
     Total number of acres associated with properties in the
second bullet above.
     (OPTIONAL) Number of properties where assistance was
provided, but the property was NOT enrolled in the response program.

IX. 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.
    A. Progress Reports. In accordance with 40 CFR 31.40, state and
tribes must provide progress reports as provided in the terms and
conditions of the cooperative agreement negotiated with EPA regional
offices. State and tribal costs for complying with reporting
requirements are an eligible expense under the section 128(a)
cooperative agreement. As a minimum, state or tribal progress reports
must include both a narrative discussion and performance data relating
to the state's or tribe's accomplishments and environmental outputs
associated with the approved budget and workplan and should provide an
accounting of section 128(a) funding. If applicable, the state or tribe
must include information on activities related to establishing or
enhancing the four elements of the state's or tribe's response program.
All recipients must provide information relating to establishing or, if
already established, maintaining the public record. Depending upon the
activities included in the state's or tribe's work plan, an EPA
regional office may request that a progress report include:

--Information related to the public record. All recipients must report
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 this requirement. For the purposes of
cooperative agreement funding only, and depending upon the activities
included in the state or tribe's work plan, this may include:
    A list of sites at which response actions have been completed
including:
     Date the response action was completed.
     Site name.
     Name of owner at time of cleanup, if known.
     Location of the site (street address, and latitude and
longitude).
     Whether an institutional control is in place.
     Explain the type of institutional control in place (e.g.,
deed restriction, zoning restriction, local ordinance, state registries
of contaminated property, deed notices, advisories, etc.).
     Nature of the contamination at the site (e.g., hazardous
substances, contaminants, or pollutants, petroleum contamination,
etc.).
     Size of the site in acres.
    A list of sites planned to be addressed by the state or tribal
response program including:
     Site name and the name of owner at time of cleanup, if
known
     Location of the site (street address, and latitude and
longitude)
     To the extent known, whether an institutional control is
in place
     Explain the type of the institutional control in place
(e.g., deed restriction, zoning restriction, local ordinance, state
registries of contaminated property, deed notices, advisories, etc.)
     To the extent known, the nature of the contamination at
the site (e.g., hazardous substances, contaminants, or pollutants,
petroleum contamination, etc.)
     Size of the site in acres
--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)
     The amount of claims paid by insurers to policy holders
--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 (PPF) into the Assessment Cleanup and
Redevelopment Exchange System (ACRES) database for each site assessment
and cleanup.
--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
     Number of staff conducting oversight audits, providing
technical assistance, or conducting other oversight activities

--Reporting for RLF uses. Recipients with work plans that include
funding for Revolving Loan Fund (RLF) must include the information
required by the terms and conditions for progress reporting under
CERCLA section 104(k)(3) RLF cooperative agreements.
--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);
    [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.
    Where applicable, EPA may require states/tribes to report specific
performance measures related to the four elements which can be
aggregated for national reporting to Congress.
    The regional offices may also request other information be added to
the progress reports, as appropriate, to properly document activities
described by the cooperative agreement work plan.
    EPA regions may allow states or tribes to provide performance data
in appropriate electronic format.
    The regional offices will forward progress reports to EPA
Headquarters, if requested. This information may be used to develop
national reports on the outcomes of CERCLA section 128(a) funding to
states and tribes.

                    Regional Brownfields Coordinators
------------------------------------------------------------------------
                                                     Address and phone
            Region                    States               number
------------------------------------------------------------------------
EPA Region 1, Diane Kelley....  CT, ME, MA, NH,    One Congress Street,
                                 RI, VT.            Suite 1100
                                                   Boston, MA 02114-2023
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 2, Alison Devine...  NJ, NY, PR, VI...  290 Broadway, 18th
                                                    Floor
                                                   New York, NY 10007
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 3, Tom Stolle......  DE, DC, MD, PA,    1650 Arch Street
                                 VA, WV.           Mail Code 3HS51
                                                   Philadelphia,
                                                    Pennsylvania 19103
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 4, Mike Norman.....  AL, FL, GA, KY,    Atlanta Federal
                                 MS, NC, SC, TN.    Center
                                                   61 Forsyth Street,
                                                    S.W, 10TH FL
                                                   Atlanta, GA 30303-
                                                    8960
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 5, Deborah Orr.....  IL, IN, MI, MN,    77 West Jackson
                                 OH, WI.            Boulevard
                                                   Mail Code SE-4J
                                                   Chicago, Illinois
                                                    60604-3507
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 6, Monica Chapa      AR, LA, NM, OK,    First Interstate Bank
 Smith.                          TX.                Tower at Fountain
                                                    Place
                                                   1445 Ross Avenue,
                                                    Suite 1200 (6SF-VB)
                                                   Dallas, Texas 75202-
                                                    2733
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 7, Susan Klein.....  IA, KS, MO, NE...  901 N. 5th Street
                                                   Kansas City, Kansas
                                                    66101
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 8, Dan Heffernan...  CO, MT, ND, SD,    1595 Wynkoop Street
                                 UT, WY.            (EPR-B)
                                                   Denver, CO 80202-1129
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 9, Noemi Emeric-     AZ, CA, HI, NV,    600 Wilshire Blvd,
 Ford.                           AS, GU.            Suite 1460
                                                   Mail Code SFD-1
                                                   Los Angeles,
                                                    California 90017
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
EPA Region 10, Susan Morales..  AK, ID, OR, WA...  1200 Sixth Avenue,
                                                    Suite 900
                                                   Mailstop: ECL-112
                                                   Seattle, Washington
                                                    98101
                                                   Phone<PHONE_NUMBER>
                                                    Fax<PHONE_NUMBER>
------------------------------------------------------------------------

    Statutory and Executive Order Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore not subject to OMB review. Because
this grant 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. Although this action does not
generally create new binding legal requirements, where it does, such
requirements do not substantially and directly affect Tribes under
Executive Order 13175 (63 FR 67249, November 9, 2000). Although this
grant action does not have significant Federalism implications under
Executive Order 13132 (64 FR 43255, August 10, 1999), EPA consulted
with states in the development of these grant guidelines. This action
is not subject to Executive Order 13211, ``Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866. 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. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). 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. Since this grant
action, when finalized, will contain legally binding requirements, it
is subject to the Congressional Review Act, and EPA will

submit its final action in its report to Congress under the Act.

    Dated: November 5, 2009.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization, Office of
Solid Waste and Emergency Response.
[FR Doc. E9-27568 Filed 11-16-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Page 59920]
[FR Doc No: 2012-24042]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC12-144-000.
    Applicants: San Luis Solar LLC.
    Description: San Luis Solar LLC submits an Application for
authorization of a sale/leaseback transaction related to the financing
of a 30 MW solar-powered electric generating facility.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5165.
    Comments Due: 5 p.m. ET 10/12/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-1933-002; ER10-2441-002.
    Applicants: Green Mountain Power Corporation, Central Vermont
Public Service Corporation.
    Description: Green Mountain Power Corporation and Central Vermont
Public Service Corporation Supplement to Notice of Material Change in
Status, et al.
    Filed Date: 9/7/12.
    Accession Number: 20120907-5086.
    Comments Due: 5 p.m. ET 9/28/12.

    Docket Numbers: ER12-2436-001.
    Applicants: Arizona Public Service Company.
    Description: Compliance Filing for Service Agreement No. 324,
Foothills Solar LGIA to be effective 8/30/2012.
    Filed Date: 9/24/12.
    Accession Number: 20120924-5057.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: ER12-2601-001.
    Applicants: Rayonier Performance Fibers, LLC.
    Description: Supplement to Application for Market-Based Rate
Authorization to be effective 9/8/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5129.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2674-000.
    Applicants: AEP Texas North Company.
    Description: TNC-SWTEC Amd 1 to Restated & Amended IA to
be effective 8/28/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5130.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2675-000.
    Applicants: Power Receivable Finance, LLC.
    Description: MBR Cancellation to be effective 11/20/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5131.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2676-000.
    Applicants: Piedmont Green Power, LLC.
    Description: Application for Market-Based Rate Authority and tariff
filing to be effective 9/24/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5132.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2677-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2012-09-21 CAISO Certificate of Concurrence Filing re
Tulloch Powerhouse LGIA to be effective 3/31/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5133.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2678-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Blackstart Resource Service Agreement to be effective
7/1/2013.
    Filed Date: 9/24/12.
    Accession Number: 20120924-5000.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: ER12-2679-000.
    Applicants: Southern California Edison Company.
    Description: SGIA and Distribution Service Agreement Aikyum Deep
Creek Solar Project to be effective 9/25/2012.
    Filed Date: 9/24/12.
    Accession Number: 20120924-5056.
    Comments Due: 5 p.m. ET 10/15/12.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES12-56-000.
    Applicants: Consolidated Edison Company of New York,
    Description: Consolidated Edison Company of New York, Inc's
Application for an order pursuant to Section 204 of the Federal Power
Act authorizing the issue and sale of short-term debt not in excess of
$2.25 billion at any one time outstanding.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5164.
    Comments Due: 5 p.m. ET 10/12/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 24, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-24042 Filed 9-28-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56816]
[DOCID:fr30se08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC08-119-000]

Rumford Power Inc.; Tiverton Power Inc.; Notice of Filing

September 22, 2008.
    Take notice that on September 17, 2008, Rumford Power Inc. and
Tiverton Power Inc. filed a revised Exhibit M to the August 20, 2008
filed section 203 application.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 2, 2008.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-22855 Filed 9-29-08; 8:45 am]

BILLING CODE 6717-01-P