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4412 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations
<br /> wastewater,stormwater,or subsurface improve the quality of drinking water to separately below under"Expansion of
<br /> drainage water are in fact eligible uses comply with primary or secondary Drinking Water Service."Projects
<br /> under the CWSRF. Furthermore,under standards and point of entry or central eligible under the DWSRF must be sized
<br /> the DWSRF,eligible projects include treatment under section 1401(4)(B)(i)(III) only to accommodate a reasonable
<br /> certain aquifer storage and recovery of the SDWA. amount of population growth expected
<br /> systems for water storage. (ii) Transmission and distribution to occur over the useful life of the
<br /> Treasury Response:Eligible projects projects,including installation or project.
<br /> articulated in the DWSRF and CWSRF replacement of transmission and Eligible projects under the CWSRF.
<br /> continue to be eligible uses of SLFRF distribution pipes to improve water The final rule continues to allow the use
<br /> funds under the final rule.Recognizing pressure to safe levels or to prevent of SLFRF funds for projects eligible
<br /> that recipients have faced challenges contamination caused by leaks or breaks under the CWSRF, consistent with the
<br /> interpreting eligible use categories in the pipes. interim final rule. Under the CWSRF,a
<br /> under the interim final rule or cross- (iii) Source projects,including project must meet the criteria of one of
<br /> referencing EPA program materials to rehabilitation of wells or development the following CWSRF eligibilities to be
<br /> interpret eligible project types,Treasury of eligible sources to replace eligible for assistance. Section 603(c) of
<br /> is including in this Supplementary contaminated sources. the Clean Water Act(CWA)312 provides
<br /> Information additional information on (iv) Storage projects,including that the CWSRF can provide assistance:
<br /> the types of projects eligible under the installation or upgrade of eligible
<br /> DWSRF and CWSRF.Treasury storage facilities,including finished (i)to any municipality,intermunicipal,
<br /> water reservoirs,to prevent interstate,or state agency for construction of
<br /> emphasizes that this further clarification p publicly owned treatment works(as defined
<br /> does not represent a change in microbiological contaminants from in section 212 of the CWA);313
<br /> eligibility. Treasury encourages entering a public water system. (ii)for the implementation of a
<br /> recipients to reference EPA handbooks (v) Consolidation projects,including management program established under
<br /> for the DWSRF and CWSRF,which projects needed to consolidate water section 319 of the CWA;314
<br /> provide further information and detail supplies where,for example,a supply (iii)for the development and
<br /> about the types of projects eligible has become contaminated or a system is implementation of a conservation and
<br /> under those programs rams and thus under unable to maintain compliance for management plan under section 320 of the
<br /> the final rule. technical,financial, or managerial CWA;315
<br /> Eligible projects under the DWSRF. reasons. (iv)for the construction,repair,or
<br /> vi Creation o news stems, replacement of decentralized wastewater
<br /> Eligibilities under the DWSRF,the ( ) f Y treatment systems that treat municipal
<br /> interim final rule, and the final rule Including those that,upon completion, wastewater or domestic sewage.Eligible
<br /> include projects that address present or will create a community water system to projects include,but are not limited to,the
<br /> prevent future violations of health-based address existing public health problems construction of new decentralized systems
<br /> drinking water standards. These include with serious risks caused by unsafe (e.g.,individual onsite systems and cluster
<br /> projects needed to maintain compliance drinking water provided by individual systems),as well as the upgrade,repair,or
<br /> with existing national primary drinking wells or surface water sources.Eligible replacement of existing systems.
<br /> water regulations for contaminants with projects are also those that create a new (v) for measures to manage,reduce,
<br /> acute and chronic health effects. regional community water system by treat,or recapture stormwater or
<br /> Projects to replace aging infrastructure consolidating existing systems that have subsurface drainage water.Publicly and
<br /> are also eligible uses if they are needed technical,financial, or managerial privately owned,permitted and
<br /> to maintain compliance or further the difficulties.Projects to address existing unpermitted projects that manage,
<br /> public health protection objectives of public health problems associated with reduce,treat, or recapture stormwater or
<br /> section 1452 of the SDWA.309 The individual wells or surface water subsurface drainage water are eligible.
<br /> following project categories are eligible sources must be limited in scope to the For example,projects that are
<br /> under the DWSRF,were eligible under specific geographic area affected by specifically required by a Municipal
<br /> the interim final rule,and continue to contamination.Projects that create new Separate Storm Sewer System (MS4)
<br /> be eligible under the final rule: regional community water systems by permit are eligible,regardless of
<br /> (i) Treatment projects,including consolidating existing systems must be ownership.Projects may include,but
<br /> installation or upgrade of facilities to limited in scope to the service area of are not limited to green roofs,
<br /> the systems being consolidated. bioretention basins,roadside plantings,
<br /> management program under section 319 of the Ineligible projects under the DWSRF. porous pavement,and rainwater
<br /> Clean Water Act.This could include projects in Federally-owned public waters stems
<br /> Y p Y harvesting.
<br /> which desalinated seawater is injected into the and for-profit noncommunity water (vi)to any municipality,
<br /> aquifer to mitigate or prevent salt water intrusion, systems are not eligible to receive
<br /> as well as projects in which brackish water is Y g intermunicipal,interstate, or state
<br /> removed from an aquifer,desalinated,and returned DWSRF funds and therefore SLFRF agency for measures to reduce the
<br /> to the aquifer. funds.310 The acquisition of water demand for publicly owned treatment
<br /> 309 See 42 U.S.C.300j-12(a)(2)(B)(limiting rights,laboratory fees for routine works capacity through water
<br /> financial assistance used by a public water system compliance monitoring, and operation
<br /> to expenditures(including expenditures for p g' peraon conservation, efficiency, or reuse.
<br /> planning,design,siting,and associated and maintenance expenses are not costs Eligible projects include,but are not
<br /> preconstruction activities,or for replacing or associated with investments in limited to,the installation,replacement,
<br /> rehabilitating aging treatment,storage,or infrastructure and thus would not be or upgrade of water meters;plumbing
<br /> distribution facilities of public water systems,but eligible under the final rule. 311 Pro ects
<br /> g J fixture retrofits or replacement; and gray
<br /> not including monitoring,operation,and
<br /> needed primarily to serve future
<br /> maintenance expenditures of a type or category water recycling.Water audits and water
<br /> which the Administrator of the EPA has population growth are also ineligible conservation plans are also eligible.
<br /> determined,through guidance,will facilitate under the DWSRF;the treatment of such
<br /> compliance with national primary drinking water projects under the final rule is discussed
<br /> regulations applicable to the system under 42 pro� 312 33 U.S.C.1383(c).
<br /> U.S.C.300g-1 or otherwise significantly further the 313 33 U.S.C.1292.
<br /> health protection objectives of the SWDA);See also 310 See 40 CFR 35.3520(d)(1). 31433 U.S.C.1329.
<br /> 40 CFR 35.3520(b). 311 See id at§35.3520(e)(2)—(4). 31533 U.S.C.1330.
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