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Sent: Tuesday, May 24, 2005 11:21 AM
To: Federal Register WATER documents
Subject: [epa-water] Notice of Availability of Class Deviation;
[Federal Register: May 24, 2005 (Volume 70, Number 99)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 35
Notice of Availability of Class Deviation; Alternative State
Allotment formula For FY 2005 Clean Water Act Section 106 Increase
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
SUMMARY: This document provides notice of the availability of a Class
Deviation from EPA's allotment formula for the awarding of Clean Water
Act (CWA) Section 106 grants and also sets forth an alternative formula
that will apply for the $9.92 million FY 2005 increase in EPA's
appropriation for these grants. Currently, monies awarded under Section
106 of the Clean Water Act are allocated through allotment formulae for
States, interstate agencies, and tribes. These formulae implement
Section 106(b) of the CWA, which directs the EPA Administrator to make
allotments for grants from sums appropriated by Congress in each fiscal
year ``in accordance with regulations promulgated by him on the basis
of the extent of the pollution problem in the respective states.''
Because the President's FY 2005 budget request specifically requested
an increase in Section 106 funding for FY 2005 enhanced monitoring
activities, EPA determined through a Class Deviation that if it applied
the current State allotment formula to that increase only a small
number of States would actually receive an increase while the majority
of States would not receive a sufficient increase to strengthen their
water quality monitoring activities. The Class Deviation and the new
allotment formula apply only to the $9.92 million FY 2005 Section 106
increase and not to the remainder of the monies appropriated by
Congress for these grants, which will be allocated in accordance with
the allocation formulae EPA currently uses.
DATES: These procedures are effective upon May 24, 2005.
FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Wastewater
Management, Office of Water, 1200 Pennsylvania Avenue, NW., Mail Code
4201M, Washington, DC 20460. The telephone number is (202) 564-8831;
facsimile number (202) 5501-2399; and e-mail address is <A
HREF="mailto:[log in to unmask]">
[log in to unmask]</A>. Copies of the Class Deviation and the
are available by contacting Lena Ferris as indicated above.
SUPPLEMENTARY INFORMATION: This action announces EPA's Class Deviation
from EPA's allotment formula for the awarding of CWA Section 106 grants
found at 40 CFR part 35, subpart A, Sec. 35.162(b) and sets forth an
alternative allotment formula for the FY 2005 increase in EPA's
appropriation for these grants. The alternative allotment formula is
designed to direct the increase in these funds toward new state
monitoring activities, which is the basis for the President's FY 2005
budget request increase for these grants. This revised formula, which
is set forth below and is consistent with Section 106(b) of the CWA,
will ensure that States are provided a meaningful increase that is
sufficient to begin strengthening their water quality monitoring
States that are eligible to receive grants under Section 106 of the
Clean Water Act.
Section 106 of the CWA requires that funds appropriated under this
section be allocated to States, tribes, and interstate agencies, ``on
the basis of the extent of the pollution problem in the respective
States,'' in accordance with promulgated regulations. EPA developed and
promulgated the current Section 106 State and Interstate Allocation
Formula based on six components selected by EPA and the States to serve
as surrogate representatives for the extent of the pollution problem in
the States. The Tribal formula is also consistent with this approach.
Approximately $9.1 million of the increase will be allocated with each
State receiving approximately $172,000, while each territory and the
District of Columbia will receive an allocation of approximately
$86,000. Of the increase, EPA will allot to both Interstate Agencies
and Tribes in accordance with existing formulae.
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) (Public Law 104-4). In addition,
this action does not significantly or uniquely affect small
governments. This action does not have tribal implications, as
specified in Executive Order 13175 (63 FR 67249, November 9, 2000).
This action will not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). 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
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 affect, 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 final grant action
contains legally binding requirements, it is subject to the
Congressional Review Act, and EPA will submit this action in its report
to Congress under the Act.
List of Subjects in 40 CFR Part 35
Environmental protection, Intergovernmental relations, Reporting
and recordkeeping requirements, Water pollution control.
Dated: May 13, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
EPA establishes the following State allocation formula for the $9.92
million increase in CWA Section 106 funding as follows:
Section 106 State Program (Deviation Requested From State
Allocation Formula). The majority of the $9.92 million increase will be
directed to support the State and territorial water quality programs.
Approximately $9.1 million will be allocated with each State receiving
a full-share allocation of $172,447, while each territory and the
District of Columbia will receive a half-share allocation of
approximately $86,223. Combining the increase with the States' base
funding, the total section 106 State allocation will increase to
approximately $179.5 million.
[FR Doc. 05-10342 Filed 5-23-05; 8:45 am]
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