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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4411
<br /> wastewater and stormwater are the improvements that increase the capacity the types of projects eligible under
<br /> typical responsibilities of"water and of existing infrastructure and extend the either the DWSRF or CWSRF also
<br /> sewer"authorities throughout the useful life of existing infrastructure. support efforts to address climate
<br /> country,and there is a tremendous need Accordingly,water and sewer change. For example,by taking steps to
<br /> for improvements to the ability of state, infrastructure investment projects manage potential sources of pollution
<br /> local,and Tribal governments to include those that conserve water, and preventing these sources from
<br /> provide such services,including to thereby reducing pressure on reaching sources of drinking water,
<br /> address the consequences of deferred infrastructure for the provision of projects eligible under the DWSRF and
<br /> maintenance and additional resiliency drinking water,and that recycle CWSRF may reduce energy required to
<br /> needed to adapt to changes to the wastewater and stormwater,thereby treat drinking water. Similarly,projects
<br /> climate.306 reducing pressure on the infrastructure eligible under the DWSRF and CWSRF
<br /> Although the meaning of water and for treating and managing wastewater include measures to conserve and reuse
<br /> sewer infrastructure for purposes of and stormwater. water,for example through projects to
<br /> sections 602(c)(1)(D) and 603(c)(1)(D) of As with other infrastructure projects reuse or recycle wastewater, stormwater,
<br /> the Social Security Act does not include and capital expenditure projects that are or subsurface drainage water. Treasury
<br /> all water-related uses,Treasury has permitted as responses to the public encourages recipients to consider green
<br /> made clear in this final rule that health emergency and its negative infrastructure investments and projects
<br /> investments to infrastructure include a economic impacts,costs for planning to improve resilience to the effects of
<br /> wide variety of projects.Treasury and design and associated pre-project climate change. For example,more
<br /> interprets the word"infrastructure" in costs are eligible uses of SURF funds. frequent and extreme precipitation
<br /> this context broadly to mean the Costs for the acquisition of land are also events combined with construction and
<br /> underlying framework or system for eligible,but only if needed for the development trends have led to
<br /> achieving the given public purpose, purposes of locating eligible project increased instances of stormwater
<br /> whether it be provision of drinking components. Recipients should ensure runoff,water pollution,and flooding.
<br /> water or management of wastewater or that they have the technical,financial, Green infrastructure projects that
<br /> stormwater.307 As discussed below,this and managerial capability to ensure support stormwater system resiliency
<br /> can include not just storm drains and compliance with the requirements of the could include bioretention basins that
<br /> culverts for the management of SDWA, or that the assistance will provide water storage and filtration
<br /> stormwater,for example,but also ensure compliance and the owners or benefits, and green streets,where
<br /> bioretention basins and rain barrels operators of the systems will undertake vegetation, soil, and engineered systems
<br /> implemented across a watershed, feasible and appropriate changes in are combined to direct and filter
<br /> including on both public and private operations to ensure compliance over rainwater from impervious surfaces. In
<br /> property,that together reduce the the long-term. cases of a natural disaster,recipients
<br /> amount of runoff that needs to be Drinking Water State Revolving Fund may also use SURF funds for water
<br /> managed by traditional infrastructure. and Clean Water State Revolving Fund infrastructure to provide relief, such as
<br /> Further,Treasury understands that interconnecting water systems or
<br /> investments in infrastructure include Background:As stated above,in the rehabilitating existing wells during an
<br /> interim final rule,Treasury included extended drought.
<br /> 306In addition,Treasury interprets the eligible eligible uses of the DWSRF and the Public Comment:Many commenters
<br /> uses of SURF funds against the background of the CWSRF as eligible uses of the SURF in expressed support for the interim final
<br /> Coronavirus Relief Fund(CRF),for which the the water and sewer infrastructure rule's alignment of the use of funds for
<br /> SURF funds are,in part,a successor.CRF g
<br /> recipients expressed great interest in using the CRF category. By providing that projects water and sewer infrastructure under
<br /> to pursue water infrastructure projects,including eligible under the DWSRF and the the SURF with the project categories
<br /> provision of drinking water and internal plumbing CWSRF are also eligible uses of SURF '
<br /> on Tribal lands and in Alaskan villages,and g provided through the EPA s DWSRF and
<br /> final broadband projects throughout the country; funds,the interim rule permitted a CWSRF programs.
<br /> Treasury permitted these projects given the broad range of projects that improve Many commenters also provided
<br /> connection to the public health emergency(see drinking water infrastructure,such as recommendations about the specific
<br /> Coronavirus Relief Fund for States,Tribal building or upgrading facilities and types of water infrastructure projects
<br /> Governments,and Certain Eligible Local transmission, distribution, and storage that should be eligible under the final
<br /> Governments,86 FR 4182,4190,4192(Jan.15,
<br /> 2021),but the short deadline for use of funds made systems,including replacement of lead rule. In many of these cases,
<br /> it difficult to use CRF funds in this way.Congress' service lines.With respect to clean commenters recommended that
<br /> inclusion of the water,sewer,and broadband clause water and wastewater infrastructure the Treasury include project types that are
<br /> in the ARPA,along with the SURF funds'longer '
<br /> final eligible use date,is responsive to this unmet need. interim rule provided that already eligible under the DWSRF and
<br /> As discussed below,Congress in the Infrastructure recipients may use SURF funds to CWSRF and thus eligible under the
<br /> Investment and Jobs Act amended sections 602(c) construct publicly owned treatment interim final rule and final rule.For
<br /> and 603(c)of the Social Security Act to add a new infrastructure,manage and treat example, several commenters requested
<br /> paragraph as sections 602(c)(4)and 603(c)(5),
<br /> respectively,providing that SURF funds may be stormwater or subsurface drainage that aquifer recharge projects, or other
<br /> used to meet non-federal matching requirements of water,and facilitate water reuse, among groundwater protection and restoration
<br /> any authorized Bureau of Reclamation project.This other uses. Consistent with the DWSRF projects,be included as eligible uses of
<br /> authority was added as a separately enumerated
<br /> eligible use regardless of whether the underlying and the CWSRF,the interim final rule SURF when certain aquifer recharge
<br /> project would be an eligible use of SURF funds provided that SURF funds may be used projects that(1) implement a nonpoint
<br /> under the water and sewer infrastructure eligible for cybersecurity needs to protect water source pollution management
<br /> use category. or sewer infrastructure,such as program 308 or(2) constitute reuse of
<br /> 307 See,e.g.,section 502 of the Federal Water
<br /> Pollution Control Act(33 U.S.C.1362),defining developing effective cybersecurity
<br /> "green infrastructure"as"the range of measures practices and measures at drinking 308 Specifically,this would include desalination
<br /> that use plant or soil systems,permeable pavement water systems and publicly owned projects that decrease the burden on aquifers where
<br /> or other permeable surfaces or substrates, there is causal relationship between aquifer
<br /> stormwater harvest and reuse,or landscaping to treatment works. withdrawals and saltwater intrusion if the projects
<br /> store,infiltrate,or evapotranspirate stormwater and IISe Of DWSRF and CWSRF to Support implement a nonpoint source pollution
<br /> reduce flows to sewer systems or to surface waters." Climate Change Adaptations.Many of Continued
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