236 Intent to request release of funds

Intent to Request Release of Funds

[40 Pa.B. 758]
[Saturday, February 6, 2010]

 On or about February 16, 2010, the Department of Health (Department) will submit a request to the United States Department of Housing and Urban Development (HUD) for the release of Lead-Based Paint Hazard Control Grant Program funds, with funding authorized by the American Recovery and Reinvestment Act of 2009, Pub.L. No. 111-5, for the following multi-year program/project: Lead Hazard Control Program, for the purpose of assisting income eligible occupants in receiving lead hazard control and remediation of environmental health hazards on owner-occupied and rental units, with a priority on units occupied by families with children under 6 years of age. The primary sub-recipients include the Counties of Allegheny and Fayette and the Cities of Bethlehem, Easton, Harrisburg, Johnstown, Lancaster and Philadelphia. The Department is requesting the release of $3,070,000 in Federal Assistance and $890,279 in matching contributions for the period of performance of January 1, 2010 through December 31, 2012.

 The proposed hazard control activities to be funded under this program are categorically excluded from the National Environmental Policy Act requirements, but subject to compliance with some of the environmental laws and authorities listed at 24 CFR 58.15. In accordance with 24 CFR 58.15, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target areas listed previously. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target areas have been studied and compliance with the following laws and authorities has been established in this Tier 1 review: Floodplain Management, Coastal Barriers Resource Act and Coastal Zone Management Act. In the Tiered 2 review, compliance with the following environmental laws and authorities will take place for proposed projects funded under the program listed previously: Historic Preservation, National Flood Insurance Program requirements, Explosive and Flammable Operations, toxics/hazardous materials. Should individual aggregate projects exceed the threshold for categorical exclusion detailed at 24 CFR 58.35(a), an Environmental Assessment will be completed and a separate Finding of No Significant Impact and Request for Release of Funds published. Copies of the compliance documentation worksheets are available at the address that follows.

 An Environmental Review Record (ERR) that documents the environmental determinations for this project, and more fully describes the tiered review process cited previously, is on file at the Bureau of Family Health, Division of Child and Adult Health Services, Health and Welfare Building, 7th Floor, East Wing, 625 Forster Street, Harrisburg, PA 17120 and may be examined or copied weekdays 8:30 a.m. to 4:30 p.m.

Public Comments

 Any individual, group or agency may submit written comments on the ERR to the Department. Comments received by February 13, 2010 will be considered by the Department prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.

Release of Funds

 The Department certifies to HUD that Terri A. Matio in her official capacity as Director, Bureau of Administrative and Financial Services, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the Department to utilize Federal funds and implement the Program.

Objections to Release of Funds

 HUD will consider objections to its release of funds and the Department certification for a period of 15 days following either the anticipated submission date (cited previously) or HUD's actual receipt of the request (whichever is later) only if the objections are on one of the following bases: (a) that the Certification was not executed by the Certifying Officer of the Department; (b) the Department has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the Department has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; (d) another Federal agency acting under 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58), and may be addressed to HUD as follows: Karen Griego-West, Office of Healthy Homes and Lead Hazard Control Program Environmental Clearance Officer, U.S. Department of Housing and Urban Development, 611 West 6th Street, Suite 805, Los Angeles, CA 90017. Potential objectors may contact HUD to verify the actual last day of the objection period.

*OHHLHC PROGRAMS REQUIRING A RROF (as applicable)

 • Lead-Based Paint Hazard Control Grant Program, authorized by section 1011 of the Housing and Community Development Act of 1992, Pub. L. No. 102-550, and funded through the Consolidated Appropriations Act of 2008, Pub. L. No. 110-161.

 • Lead Hazard Reduction Demonstration Grant Program, authorized by section 1011 of the Housing and Community Development Act of 1992, Pub. L. No. 102-550, and funded through the Consolidated Appropriations Act of 2008, Pub. L. No. 110-161.

 • Healthy Homes Demonstration Grant Program, with funding authorized by the Consolidated Appropriations Act of 2008, Pub. L. No. 110-161.

 • Operation Lead Elimination Action Program, with funding authorized by the Consolidated Appropriations Act of 2008, Pub. L. No. 110-161.

 Persons with a disability who require an alternate format of this document (for example, large print, audiotape, Braille), or who wish to comment in an alternate format and seek assistance to do so, should contact Faith Blough or Cynthia Dundas, Public Health Program Administrators, Bureau of Family Health, Division of Child and Adult Health Services, Health and Welfare Building, 7th Floor, East Wing, 625 Forster Street, Harrisburg, PA 17120 or [phone], or for speech and/or hearing impaired persons V/TT [phone], or the Pennsylvania AT&T Relay Services at [phone].

EVERETTE JAMES, 
Secretary

[Pa.B. Doc. No. 10-236. Filed for public inspection February 5, 2010, 9:00 a.m.]