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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4413
<br /> Equipment to reuse effluent(e.g.,gray Other Clarifications of DWWRF and barriers to improving infrastructure on
<br /> water,condensate, and wastewater CWSRF Eligible Project Categories Tribal lands.
<br /> effluent reuse systems) is eligible. To achieve additional flexibility,
<br /> Public Comment:Several commenters commenters suggested a range of
<br /> (vii)for the development and requested that Treasury provide options for broadening the eligible use
<br /> implementation of watershed projects clarification of the requirements of SLFRF funds for necessary water and
<br /> meeting the critesls set forth in section associated with use of SLFRF funds for sewer infrastructure. For example,
<br /> 122 of the CWA. Projects that necessary investments in water and several commenters suggested Treasury
<br /> develop or implement a watershed pilot sewer infrastructure. broaden the eligibilities provided under
<br /> project related to at least one of the six Treasury Response:After release of the interim final rule to include project
<br /> areas identified in section 122 of the the interim final rule,Treasury clarified types eligible under other federal water
<br /> CWA are eligible:Watershed management of wet weather discharges, in further guidance that,while and sewer programs.
<br /> recipients must ensure that water and Treasury Response:Treasury agrees
<br /> stormwater best management practices, sewer infrastructure projects pursued that additional flexibility for use of
<br /> watershed partnerships,integrated water resource planning,municipality- are eligible under the final rule, SLFRF funds is warranted and is
<br /> recipients are not required to obtain providing expanded eligibilities as
<br /> wide stormwater management planning, project pre-approval from Treasury or described below, several of which
<br /> or increased resilience of treatment any other federal agency when using address specific areas of need outlined
<br /> works. SLFRF funds for necessary water and by Tribal and rural communities.
<br /> (viii)to any municipality, sewer infrastructure projects unless As discussed below,Treasury has
<br /> intermunicipal, interstate,or state otherwise required by federal law. For incorporated into the final rule projects
<br /> agency for measures to reduce the projects that are being pursued under that are eligible under certain programs
<br /> energy consumption needs for publicly the eligibility categories provided established by the EPA under the Water
<br /> owned treatment works. Projects may through the DWSRF or CWSRF Infrastructure Improvements for the
<br /> include,but are not limited to,the programs,project eligibilities are based Nation Act(WIIN Act). Other water-
<br /> installation of energy efficient lighting, on federal project categories and related grant programs cited by
<br /> HVAC,process equipment,and definitions for the programs and not on commenters include projects that are
<br /> electronic equipment and systems at each state's eligibility or definitions. otherwise already covered by the final
<br /> publicly owned treatment works. While reference in the final rule to the rule,for example because they are
<br /> Planning activities,such as energy DWSRF,CWSRF, or other federal water covered as eligible under the DWSRF or
<br /> audits and optimization studies are also programs is provided to assist recipients the CWSRF,or projects that are
<br /> eligible. in understanding the types of water and ineligible under the final rule because
<br /> (ix)for reusing or recycling sewer infrastructure projects eligible to they are beyond the scope of the
<br /> wastewater,stormwater,or subsurface be funded with SLFRF,recipients do meaning of water and sewer projects for
<br /> drainage water. Projects involving the not need to apply for funding from the purposes of ARPA. To minimize the
<br /> reuse or recycling of wastewater, applicable state programs or through need for recipients of SLFRF funds to
<br /> stormwater, or subsurface drainage any federal water program. Similarly, cross reference eligibilities across
<br /> water are eligible. This includes,as part besides eligible project categories,the multiple federal programs,which may
<br /> of a reuse project,the purchase and final rule does not incorporate other exacerbate current challenges to
<br /> installation of treatment equipment program requirements or guidance that understanding eligibility under SLFRF,
<br /> sufficient to meet reuse standards. Other attach to the DWSRF,CWSRF,or other Treasury is providing detailed
<br /> eligible projects include,but are not federal water programs. However,as information related to expanded
<br /> limited to, distribution systems to noted above,recipients should be aware eligibilities within the text of this
<br /> support effluent reuse, including piping of other federal or state laws or SUPPLEMENTARY INFORMATION for the
<br /> the effluent on the property of a private regulations that may apply to final rule.
<br /> consumer,recharge transmission lines, construction projects or water and sewer Stormwater Infrastructure
<br /> injection wells, and equipment to reuse projects,independent of SLFRF funding public Comment:Several commenters
<br /> effluent(e.g.,gray water, condensate, conditions,and that may require pre- requested that additional stormwater
<br /> and wastewater effluent reuse systems). approval from another federal or state infrastructure projects be included as
<br /> (x)for measures to increase the agency.
<br /> eligible uses of SLFRF funds under the
<br /> security of publicly owned treatment Expanded Eligible Uses for Water and final rule. Commenters suggested that
<br /> works. Security measures for publicly Sewer Infrastructure culvert repair and resizing and
<br /> owned treatment works might include, Summary replacement of storm sewers is
<br /> but are not limited to,vulnerability necessary to address increased rainfall
<br /> assessments, contingency/emergency Public Comment:Many commenters brought about by a changing climate.
<br /> response plans,fencing, security requested broader flexibility in the use Other commenters noted that rural
<br /> cameras/lighting,motion detectors, of SLFRF funds for water and sewer communities that do not manage their
<br /> redundancy(systems and power), infrastructure projects that are not own sewer systems may rely on this
<br /> secure chemical and fuel storage, eligible under the DWSRF and CWSRF. type of water infrastructure.
<br /> laboratory equipment, securing large These commenters argued that localities Treasury Response:The CWSRF
<br /> sanitary sewers, and tamper-proof are best situated to identify the highest- includes a broad range of stormwater
<br /> manholes.The CWSRF cannot fund need water and sewer projects in their infrastructure projects, and as such
<br /> operations and maintenance activities. communities. Several Tribal these projects were eligible under the
<br /> Therefore,maintaining a human government commenters noted that interim final rule and continue to be
<br /> presence (i.e., security guards) and Tribes have different water and sewer eligible under the final rule.These
<br /> monitoring activities are not eligible. infrastructure needs than states and projects include gray infrastructure
<br /> localities and that additional flexibility projects, such as traditional pipe,
<br /> 316 33 U.S.C.1274. in the use of funds would lift current storage,and treatment systems.Projects
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