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4414 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations
<br /> that manage,reduce,treat, or recapture noted that wells may be contaminated entities. Given the lifelong impacts of
<br /> stormwater or subsurface drainage water with dangerous substances, including lead exposure for children and the
<br /> are also eligible,including real-time arsenic,lead,radon, and PFAS (per-and widespread prevalence of lead service
<br /> control systems for combined sewer polyfluoroalkyl). Commenters also lines,Treasury encourages recipients to
<br /> overflow management, and sediment suggested that,because rural and consider projects to replace lead service
<br /> control. Culvert infrastructure projects underserved communities are often lines.
<br /> are eligible under the CWSRF if they(1) reliant on these infrastructure types for In addition,Treasury is providing in
<br /> implement a nonpoint source their drinking water or wastewater the final rule that for lead service line
<br /> management plan, (2) implement needs,lack of appropriate funding to replacement projects,recipients must
<br /> National Estuary Program maintain these systems could present replace the full length of the service
<br /> Comprehensive Conservation and health and safety issues that line, and not just a partial portion of the
<br /> Management Plan,or(3)implement a disproportionately affect certain service line. Some water utilities,when
<br /> stormwater management plan with the communities. replacing service lines,will only replace
<br /> goal of providing a water quality benefit. Treasury Response:Consistent with the"public portion" of the service line
<br /> Stormwater projects under the CWSRF the CWSRF,the installation,repair, or and physically slice through the lead
<br /> also encompass a number of eligible replacement of private septic units service line at the public/private line.
<br /> green infrastructure categories,such as continues to be an eligible use of SURF This action can result in elevated
<br /> green roofs,green streets,and green funds under the final rule. For example, drinking water lead levels for some
<br /> walls,rainwater harvesting collection, eligible projects include those that period of time after replacement,
<br /> storage,management, and distribution address groundwater contamination suggesting the potential for harm,rather
<br /> systems,real-time control systems for resulting from faulty septic units and than benefit during that time period.318
<br /> harvested rainwater,infiltration basins, those that would connect failing septic Requiring replacement of the full length
<br /> constructed wetlands,including surface systems to centralized wastewater of the service line is also consistent with
<br /> flow and subsurface flow(e.g.,gravel) treatment. Consistent with the DWSRF, the requirements of the EPA's Lead and
<br /> wetlands,bioretention/bioswales (e.g., connecting homes served by a private Copper Rule Revisions for water
<br /> bioretention basins,tree boxes), well to a public water system is an systems that have an action level
<br /> permeable pavement,wetland,riparian, eligible use of SURF funds. exceedance for lead 319 and certain other
<br /> or shoreline creation,protection, and In addition,Treasury has provided in water systems.320
<br /> restoration, establishment or restoration the final rule that recipients may use Treasury is expanding eligible uses of
<br /> of urban tree canopy, and replacement SURF funds for an expanded set of SURF funds to include infrastructure
<br /> of gray infrastructure with green infrastructure projects that improve projects eligible under EPA grant
<br /> infrastructure including purchase and access to and provision of safe drinking programs authorized by the WIIN
<br /> demolition costs. water for individuals served by Act.321 Eligible projects under these
<br /> In addition to the eligible uses under residential wells.Eligible projects under programs include the installation or re-
<br /> the CWSRF,Treasury is expanding the this category include rehabilitation of optimization of corrosion control
<br /> eligible uses under the final rule to private wells,testing initiatives to treatment,replacing lead service lines,
<br /> include stormwater system identify contaminants in wells,and replacing galvanized pipes downstream
<br /> infrastructure projects regardless of treatment activities and remediation of a lead service line(other than lead
<br /> whether there is an expected water strategies that address contamination. pipes within a home as discussed
<br /> quality benefit from the project. Remediating Lead in Water below), and maintaining an inventory of
<br /> Treasury anticipates that this eligible the drinking water system s service
<br /> use will allow recipients to manage Public Comment:Several commenters lines.Water quality testing, compliance
<br /> increased volumes of stormwater as a emphasized the need to fully remediate monitoring,and remediation activities
<br /> result of changes to the climate. For lead contamination, especially in in schools and other childcare facilities,
<br /> example,the final rule now permits the structures that serve the public or as well as activities necessary to
<br /> use of SURF funds for the repair, populations like children that are respond to a contaminant,are eligible
<br /> replacement,or removal of culverts or particularly vulnerable to the effects of uses of SURF funds.322 Remediation
<br /> other road-stream crossing lead exposure, such as schools and
<br /> infrastructure to the extent the purpose daycares.Many American households 318 See EPA Science Advisory Board,Evaluation
<br /> of the project is to manage stormwater. and an estimated 400,000 schools and of the Effectiveness of Partial Lead Service Line
<br /> In addition,Treasuryunderstands that childcare centers currently lack safe Replacements,(September 2011),https://
<br /> y www.epa.gov/sdwa/science-advisory-board-
<br /> the repair,replacement,or removal of drinking water.317 evaluation-effectiveness-partial-lead-service-line-
<br /> culverts may necessitate the repair or Treasury Response:The replacement replacements(advising against partial lead service
<br /> replacement).
<br /> upgrade of roads. As noted in guidance of lead service lines,up to premise line re p
<br /> issued after the interim final rule, plumbing,is an eligible use under the 319 Environmental Protection Agency,supra note
<br /> 188.
<br /> recipients may use SURF funds for DWSRF and continues to be an eligible 320 Environmental Protection Agency,National
<br /> road repairs and upgrades that interact use of SURF funds. Such projects are Primary Drinking Water Regulations:Lead and
<br /> directly with an eligible stormwater eligible regardless of the pipe material Copper Rule Revisions,86 FR 4198.40 CFR 141.84,
<br /> and preamble at 4215,January 15,2021,https://
<br /> of the replacement lines and ownership infrastructure project. All stormwater p p www.federalregister.gov/d/202O-28691;scheduled
<br /> infrastructure projects undertaken of the property on which the service to become effective December 16,2021,
<br /> should incorporate updated design line is located. Lead service line Environmental Protection Agency,86 FR 31939,
<br /> features and current best practices. replacement projects can serve https://www.federalregister.gov/d/2O21-12600.
<br /> households, schools, or any other 321 Eligible uses of funds include those eligible
<br /> Private Wells and Septic Systems under the Small,Underserved,and Disadvantaged
<br /> Communities Grant(Section 2104),Reduction in
<br /> Public Comment:Several commenters 317 The White House,Updated Fact Sheet: Lead Exposure via Drinking Water Grant Program
<br /> requested that the scope of eligible Bipartisan Infrastructure Investment and Jobs Act (Section 2105)and Lead Testing in School and
<br /> projects be expanded to allow for the (August 2,2021),https://www.whitehouse.govl Child Care Program Drinking Water Grant Program
<br /> briefing-room/statements-releasesl2021/O8lO2I (Section 2107).
<br /> expenditure of SURF funds on private updated-fact-sheet-bipartisan-infrastructure,- 322 Such testing and remediation programs would
<br /> wells or septic systems.Commenters investment-and jobs-act/. be an eligible use of SLFRF funds given that they
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