98-32072. State and Tribal Environmental Justice Grants Program Request for Applications Guidance FY 1999; Purpose of Notice

[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Pages 66531-66534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32072]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6196-4]


State and Tribal Environmental Justice Grants Program Request for 
Applications Guidance FY 1999; Purpose of Notice

    The purpose of this notice is to solicit applications from eligible 
candidates under the State and Tribal Environmental Justice (STEJ) 
Grants Program, sponsored by the U.S. Environmental Protection Agency, 
Office of Environmental Justice.
    For FY 1998, EPA awarded five STEJ grants totaling $500,000 to (4) 
states and (1) tribe. A list of the recipients and their project 
descriptions are provided in Appendix F.
    For FY 1999, EPA expects to once again award a total of $500,000 to 
states and tribes to demonstrate how to effectively address 
environmental justice issues and comply with Title VI of the 1964 Civil 
Rights Act. A maximum of $100,000 will be awarded to each recipient, 
contingent upon the availability of funds. A total of five grants are 
expected to be awarded. The standard project and budget periods are for 
one year. The grantee can request that the project and budget periods 
be extended up to three years, with the total budget of $100,000 
provided during the first year. This guidance outlines the purpose, 
authorities, eligibility, and general procedures for application and 
award of the FY 1999 STEJ Grants.
    The application must be postmarked no later than Friday, February 
26, 1999.

Grants Program Overview

    The State and Tribal Environmental Justice (STEJ) Grants Program 
was created to provide financial assistance to state and tribal 
environmental departments that are working to address environmental 
justice issues. With the increased interest in Title VI of the Civil 
Rights Act of 1964, EPA is seeking, through this assistance program, to 
support individual state's and tribe's efforts to effectively comply 
with Title VI in their environmental programs and/

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or establish an environmental justice program.

A. Program Goals

    The STEJ Grants Program is intended to assist states and tribes in 
ultimately achieving the following environmental justice goals and 
objectives:
     Enhance the state or tribal government's effectiveness in 
complying with Title VI of the Civil Rights Act of 1964.
     Reduce or prevent disproportionately high and adverse 
human health or environmental effects on low-income communities and/or 
minority communities.
     Integrate environmental justice goals into a state's or 
tribe's policies, programs, and activities.
     Provide financial and technical resources to develop an 
enabling infrastructure at the state/local community level and tribal/
tribal community level.
     Set up model programs to address enforcement and 
compliance issues in affected environmental justice (EJ) communities.
     Integrate measurable EJ goals within the annual 
Performance Partnership Agreements (PPAs) and Memorandums of 
Understandings (MOUs) between a state and EPA, or integrate measurable 
EJ goals within the Tribal Environmental Agreements (TEAs).
     Improve public participation in the decision-making 
processes (e.g. permitting processes, development of regulations and 
policies)

B. Background on Environmental Justice

    EPA considers Environmental Justice to be the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, culture, or income with respect to the development, 
implementation, enforcement and compliance of environmental laws, 
regulations, and policies. Fair treatment means that no groups of 
people, including racial, ethnic, or socioeconomic groups, should bear 
a disproportionate share of negative environmental consequences 
resulting from industrial, municipal, and commercial operations or the 
execution of federal, state, local and tribal programs and policies.
    On February 11, 1994, President Clinton issued Executive Order (EO) 
12898, ``Federal Actions To Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (Appendix A). Environmental 
Justice focuses attention on the need to ensure environmental 
protection for all, and to empower those most often disenfranchised 
from the decision-making process, the low-income and/or minority 
communities.

C. Background on Title VI

Title VI states:
    No person in the United States shall, on the ground of race, 
color, or national origin, be excluded from participation in, be 
denied the benefits of, or be subjected to discrimination under any 
program or activity receiving Federal financial assistance.

    The Presidential memorandum accompanying EO 12898 directs Federal 
agencies to ensure compliance with the nondiscrimination requirements 
of Title VI for all Federally-funded programs and activities that 
affect human health or the environment.
    Title VI itself prohibits intentional discrimination. The Supreme 
Court has ruled, however, that Title VI authorizes Federal agencies, 
including EPA, to adopt implementing regulations that prohibit 
discriminatory effects. Frequently, discrimination results from 
policies and practices that are neutral on their face, but have the 
effect of discriminating. Facially-neutral policies or practices that 
result in discriminatory effects violate EPA's Title VI regulations 
unless it is shown that they are justified and that there is no less 
discriminatory alternative. (See Appendix B for additional information 
on Title VI).

Eligible Applicants and Activities

D. Who May Submit An Application?

    Any state or tribal agency that manages, or is eligible to manage, 
an EPA program, which has an expressed interest in working with 
community-based grassroots organizations and other environmental 
justice stakeholders to address environmental justice concerns in 
communities. EPA requests that only one application be submitted from 
each state or tribe interested in receiving assistance. The project can 
be a partnership involving more than one state department, or if from a 
tribe, more than one tribal department. The project may also involve a 
consortium of state or tribal governments. The degree of support 
provided by top government officials from either the state or tribe 
will be an important factor in the selection process.

E. May an Individual or Organization Apply?

    No. Only a state or federally-recognized tribal government may 
apply. However, the applying states or tribes should work with 
community-based grassroots organizations when developing their 
proposals. Preference may be given to the states or tribes who involve 
community-based grassroots organizations in the development of their 
proposals.

F. What Types of Projects are Eligible for Funding?

    Funds are to be used for activities authorized by the appropriate 
statutory provisions listed in paragraph G below, to accomplish one or 
both of the following:
    1. The development or enhancement of a program to work directly 
with communities to improve the state's or tribe's compliance with 
Title VI of the Civil Rights Act of 1964 in the development and 
implementation of environmental programs.

    Example 1: Create a review team to analyze the state's or 
tribe's future conduct or action to help ensure its environmental 
programs have no discriminatory environmental or human health 
effects based on race, color, or national origin.
    Example 2: Demonstrate how to establish an appropriate 
enforcement program for disproportionately affected communities; and 
create meaningful community participation opportunities throughout 
enforcement & compliance activities [e.g. from the time of initial 
Notice of Violations to final agency enforcement decisions.]

    2. The development of a model state or tribal environmental justice 
executive order, strategic plan, and/or conduct studies, analyses, and 
training in the development of a state or tribal environmental justice 
program.
Preferences
    Preference may be given to the states or tribes which have not 
received a STEJ grant in the past and which include the following in 
their application:
    (1) A description of how environmental justice/community-based 
grassroots organizations were involved in the development of the 
proposal, and
    (2) Identification of the matching or cost sharing funds to be 
provided by the state or tribe for the project.

G. What are the Statutory Authorities for the Grants?

    The State and Tribal Environmental Justice Grants are for 
multimedia environmental justice activities. For this reason, each 
project must include activities which are authorized by two or more of 
the following environmental statutes.
    a. Clean Water Act, Section 104(b)(3): conduct and promote the 
coordination of research, investigations, experiments, training, 
demonstration, surveys, and studies relating to the causes, extent, 
prevention, reduction, and elimination of water pollution.
    b. Safe Drinking Water Act, Sections 1442(c)(3): develop, expand, 
or carry out a program (that may combine training,

[[Page 66533]]

education, and employment) for occupations relating to the public 
health aspects of providing safe drinking water.
    c. Solid Waste Disposal Act, Section 8001(a): conduct and promote 
the coordination of research, investigations, experiments, training, 
demonstrations, surveys, public education programs, and studies 
relating to solid waste management and hazardous waste management.
    d. Clean Air Act, Section 103(b)(3): conduct and promote the 
coordination and acceleration of research, investigations, experiments, 
demonstrations, surveys, and studies related to the causes, effects 
(including health and welfare effects), extent, prevention, and control 
of air pollution.
    e. Toxic Substances Control Act, Section 10(a): conduct research, 
development, and monitoring activities on toxic substances.
    f. Federal Insecticide, Fungicide, and Rodenticide Act, Section 
20(A): conduct research on pesticides.
    g. Comprehensive Environmental Response, Compensation, and 
Liability Act, Section 311(c): conduct research related to the 
detection, assessment, and evaluation of the effects on, and risks to, 
human health from hazardous substances.
    h. Marine Protection, Research, and Sanctuaries Act, Section 203: 
conduct research, investigations, experiments, training, 
demonstrations, surveys, and studies relating to the minimizing or 
ending of ocean dumping of hazardous materials and the development of 
alternatives to ocean dumping.

H. What Regulations Apply to these Grants?

    The STEJ Grants will be governed by 40 CFR Part 31, Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State, Local, and Tribal Governments, and OMB Circular A-87. Note, in 
particular, that there are restrictions on the used of grant funds for 
lobbying and that grant funds may not be used for intervention in 
federal regulatory or adjudicatory proceedings.

Funding

I. Are Matching Funds Required?

    Matching funds are not required, but are encouraged. EPA may give 
preference to those states or tribes which provide matching funds, 
since this would demonstrate a greater commitment.

Application Requirements

J. What is Required for Applications?

    In order to be considered for funding under this program, proposals 
must have the following:
    1. Application for Federal Assistance (SF 424) the official form 
required for all federal grants that requests basic information about 
the grantee and the proposed project. The applicant must submit the 
original application, and one additional copy, signed by a person duly 
authorized.
    2. Federal Standard Form (SF 424A) and budget detail, which 
reflects the total budget for the entire duration of the project. 
Budget figures/projections should support your work plan/narrative. The 
EPA portion of these grants will not exceed $100,000, therefore your 
budget should reflect this upper limit on federal funds.
    3. Signed ``Certification Regarding Debarment, Suspension, and 
Other Responsibility Matters'' form, and ``Certification Regarding 
Lobbying'' form, which can be found in Appendix C.
    4. Narrative/work plan of the proposal. A narrative/work plan 
describes the applicant's proposed project. The pages of the work plan 
must be letter size 8 \1/2\'' x 11''), with normal type size (12 cpi), 
and at least 1'' margins. The narrative/work plan should be no more 
than five pages.
    The narrative/work plan must describe:
    a. whether one or both of the Eligible Projects, as defined in 
Section F, are being proposed,
    b. how the proposed project will meet the Program goals, as 
described in Section A,
    c. how the project addresses issues related to at least two of the 
environmental statutes listed in Section G, and
    d. discuss how the project will be evaluated, what will be the 
measures of success, and describe how the project/program will be 
sustained.
    5. A letter of commitment from the department head or government 
head (e.g., governor, president, chairperson, chief).
    6. State and Tribal applicants should establish working 
relationships with local community-based organizations in developing 
their proposals.(*) A list of the organizations who participated in the 
development of the grant proposal, along with contact names and 
numbers, is required.(*) Many community-based organizations across the 
nation have already begun implementing environmental justice programs 
at the local level, which states and tribes may want to use as examples 
to help build their environmental justice programs. By asking those who 
are most impacted by environmental injustices to participate in 
building the state's or tribe's environmental justice program, the 
states and tribes will be more likely to obtain broad support for the 
concept and the partnership it reflects.

K. When and Where Must Applications Be Submitted?

    The applicant must submit one signed original application with the 
required attachments and one additional copy to the primary contact of 
the appropriate EPA regional office (see page 8 and Appendix D). The 
application must be postmarked no later than Friday, February 26, 1999.

Process for Awarding Grants

    Proposals are to be developed by states or tribes (EPA encourages 
the involvement of community-based/grassroots organizations) and 
submitted to their respective EPA Regional Offices. The initial review 
will be conducted by each Region through a Regional panel, which will 
select the top proposals for submission to EPA Headquarters, for final 
review and selection. The grants will be processed for award and 
managed by the Regions. The plan is to fund the five best State and/or 
Tribal Environmental Justice project proposals.

    Note: Among the proposals receiving the highest rating, EPA may 
take into account the geographic location and diversity of the 
proposed projects when making final selections.

STEJ Grant Program Schedule

    Dec.11--February 26: States and Tribes Develop Proposals and Submit 
to EPA Regions.
    March 1--April 9: EPA Regions Review Proposals and Provide 
Recommendations to Headquarters.
    April 12--May 14: OEJ Headquarters Convenes Review Panel and 
Receives Recommendations.
    May 17--June 4: Headquarters Completes Selections and Submits Final 
Selections to EPA Regional Offices.
    June 7--Aug. 9: EPA Regional Grants Management Offices Process 
Applications and Award Grants.
    September 1: National and Regional Announcements of Awards.

Reporting

    State and Tribal agencies that are awarded the State and Tribal 
Environmental Justice (STEJ) grants will be required to submit semi-
annual reports, in accordance with 40 CFR 31.40 and 31.41, to the 
appropriate Regional Environmental Justice

[[Page 66534]]

Coordinator and Project Officer. Reports will include, but not be 
limited to, information on:
     Funds expended.
     Tasks accomplished.
     Issues/problems encountered and method of resolution.
     Results achieved.
    A final summary report is required by 40 CFR section 31.40(b) at 
the end of the project period. This final report should include a 
discussion on the continuation and institutionalization of the state's 
and/or tribe's efforts to comply with Title VI and/or provide for 
environmental justice.
    * * * If you have any questions regarding the interpretation of 
this guidance, please call your regional contact listed below, or 
Daniel Gogal, STEJ Grants Manager, Office of Environmental Justice, at 
[phone] or 1-800-962-6215. * * *

EPA Regional STEJ Contact Names and Addresses

    Region I: Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont.
    Primary Contact: Ronnie Harrington [phone], USEPA Region 1, 
One Congress Street, Suite 1100 (SAA), Boston, MA 02114.
    Secondary Contact: Pat O'Leary [phone].
    Region II: New Jersey, New York, Puerto Rico, U.S. Virgin Islands.
    Primary Contact: Melva Hayden [phone], USEPA Region II, 290 
Broadway, 26th Floor, New York, NY 10007.
    Secondary Contact: Doug Roberts [phone].
    Region III: Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia.
    Primary Contact: Reginald Harris [phone], USEPA Region III 
(3DA00), 841 Chestnut Building, Philadelphia, PA 19107.
    Secondary Contact: Mary Zielinski [phone].
    Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee.
    Primary Contact: Gloria Love [phone], USEPA Region IV, 61 
Forsyth Street, Atlanta, GA 30303.
    Secondary Contact: Connie Raines [phone].
    Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
    Primary Contact: Ethel Crisp [phone], USEPA Region V, 77 
West Jackson Boulevard (DM-7J), Chicago, IL 60604-3507.
    Secondary Contact: Karla Johnson [phone].
    Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, Texas.
    Primary Contact: Shirley Augurson [phone], USEPA Region VI 
(6E-N), 1445 Ross Avenue, 12th Floor, Dallas, TX 75202-2733.
    Secondary Contact: Teresa Cooke [phone].
    Region VII: Iowa, Kansas, Missouri, Nebraska.
    Primary Contact: Althea Moses [phone] or 1-800-223-0425, 
USEPA Region VII, 726 Minnesota Avenue, Kansas City, KS 66101.
    Secondary Contact: Kim Olson [phone].
    Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming.
    Primary Contact: Marcella Devargas [phone], USEPA Region 
VIII (8ENF-EJ), 999 18th Street, Suite 500, Denver, CO 80202-2466.
    Secondary Contact: Elisabeth Evans [phone].
    Region IX: Arizona, California, Hawaii, Nevada, American Samoa, 
Guam.
    Primary Contact: Katy Wilcoxen [phone], USEPA Region IX 
(CMD-6), 75 Hawthorne Street, San Francisco, CA 94105.
    Secondary Contact: Willard Chin [phone].
    Region X: Alaska, Idaho, Oregon, Washington.
    Primary Contact: Susan Morales [phone], USEPA Region X (OI-
085), 1200 Sixth Avenue, Seattle, WA 98101.
    Secondary Contact: Joyce Kelly [phone].

    Note: To obtain copies of the appendices referenced in this 
document, please contact the individuals identified above for a 
complete application.

    Dated: November 24, 1998.
Robert J. Knox,
Associate Director, Office of Environmental Justice.
[FR Doc. 98-32072 Filed 12-1-98; 8:45 am]
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